When he was 22-years old, he accidentally shot himself in the face. Because the pellets were made of
lead, it is likely that this wound—visible to all—exacerbated his mental illness. According to the affidavit
of his uncle, “[a]fter this incident, Muneer's behaviour changed a lot. He started to behave strangely, but
not all the time. Sometimes he would be normal and then he would suddenly change, as if he was a
completely different person.”
Until his lawyers' intervention, Muneer's mental illness remained undiagnosed and untreated. Yet, it
clearly manifested during his time on death row. In an affidavit, his wife recounts how when she would
visit, Muneer would have “frequent fits of extreme anger and violence, and on other occasions, turn[]
extremely pale, and become[] silent and distant, as if he was lost in his own world,” sometimes not
recognizing his own family. According to fellow prisoners, Muneer had episodes where he would not eat
for days on end.
Finally, in September 2014, Muneer received his first psychiatric evaluation by a psychiatrist retained by
his counsel, who diagnosed “symptoms of intense neurological and psychological illness.” Yet, despite
the psychologist recommending additional testing and medical and psychiatric treatment, the Pakistani
government never provided such care and Muneer was executed in March 2015.
Pakistan also fails to provide the requisite procedural safeguards for those with mental or intellectual
disabilities, which are critical in light of these individuals' heightened vulnerability at different stages of
the criminal justice process. As the Special Rapporteur on extrajudicial, summary or arbitrary executions
has noted, “[b]ecause of the nature of mental retardation, mentally retarded persons are much more
vulnerable to manipulation during arrest, interrogation, and confession.”249 Similarly, mental illness may
yield false confessions, due to greater tendency for impulsivity, extreme compliance, and
suggestibility.250 Accordingly, the CRPD requires “effective legislative, administrative, judicial or other
measures”251 to ensure persons with disabilities are equally protected from torture or CIDT. Persons with
mental disabilities also are affected acutely by incompetent representation due to their diminished
capacity to represent themselves. As a commentator has observed, “[o]ne of the most critical issues . . . in
a mental disability law context is the right to adequate and dedicated counsel.”252 Thus, the CRPD
mandates that “States Parties shall take appropriate measures to provide access by persons with
disabilities to the support they may require in exercising their legal capacity.”253
The dearth in procedural safeguards—both generally and those specifically designed to assist
vulnerable persons—means that Pakistan regularly deprives mentally ill defendants of a fair trial,
including recourse to mental health defenses. First, the lack of procedural safeguards at the arrest stage
exposes persons with mental illness to high risks of manipulation and abuse during police interrogations.
Once in the court system, access to psychiatric care remains very limited, and the lack of diagnosis
compounded by the dearth in competent representation renders ineffective the procedural protections
A “MOST SERIOUS CRIME”:
PAKISTAN'S UNLAWFUL USE OF THE DEATH PENALTY 32
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