139
ICCPR, art. 14.
140
RODLEY & POLLARD, supra note (summarizing Reid v. Jamaica, ¶¶ 11.3-11.5, U.N. Doc. CCPR/C/39/D/250/1987 (1990)).
141
Id. (summarizing Little v. Jamaica, ¶¶ 8.4 & 3.2, U.N. Doc. CCPR/C/43/D/283/1988 (1991)).
142
Smith v. Jamaica, ¶ 10.4, U.N. Doc. CCPR/C/47/D/282/1988 (1994).
143
McLawrence v. Jamaica, ¶ 5.10, CCPR/C/60/D/702/1996 (“Where a capital sentence may be pronounced on the accused,
sufficient time must be granted to the accused and his counsel to prepare the trial defence.”).
144
U.N. Econ. & Soc. Council Res. 1989/64 (May 24, 1989) (emphasis added).
145
Death Penalty Worldwide, Pakistan Death Penalty in Practice: Comments on Quality of Legal Representation,
http://www.deathpenaltyworldwide.org/country-search-post.cfm?country=pakistan#f41-6.
146
PAKISTAN: A COUNTRY STUDY 310 (Peter R. Blood ed., 1996).
147
PAK. PENAL CODE, § 124-A.
148
PAK. PENAL CODE, § 121.
149
Jon Boone, Pakistan Executes Man Who Was 15 When Convicted of Murder, GUARDIAN, June 10, 2015,
http://www.theguardian.com/world/2015/jun/10/pakistan-executes-aftab-bahadur-sentenced-to-death.
150
Anti-Terrorism Act of 1997 (XXVI of 1997) § 19(1). This provision resulted from a set of 2013 amendments specifically
designed “to grant more leverage to the law-enforcement agencies while dealing terrorism related cases.” Ordinance Issued
to Amend Anti-Terrorist Act, NATION (Oct. 11, 2013), http://nation.com.pk/islamabad/11-Oct-2013/ordinance-issued-toamend-anti-terrorist-act.
151
Anti-Terrorism Act of 1997 (XXVI of 1997) § 19(7). Specifically, the provision states: “The Court shall, on taking cognizance
of a case, proceed with the trial from day-to-day and shall decide the case within seven days, failing which the matter shall be
brought to the notice of the Chief Justice of the High Court concerned for appropriate directions for expeditious disposal of
the case to meet the ends of justice.” Id.
152
An estimated 17,000 cases were pending in July 2014. Asad Hashim, Pakistan Activists Upset By New Security Law, supra
note .
153
International Crisis Group, Building Judicial Independence in Pakistan 27 (Nov. 2004),
http://www.crisisgroup.org/~/media/Files/asia/southasia/pakistan/086%20Building%20Judicial%20Independence%20in%20Pakistan.pdf.
154
ICCPR, art. 14(1).
155
Human Rights Comm., General Comment No. 32, supra note , ¶ 30.
156
U.N. Econ. & Soc. Council Res. 1984/50 (May 25, 1984). Rodley and Pollard suggest that this is a “gloss on Covenant article
14.” RODLEY & POLLARD, supra note , at 312.
157
Periodic Report of the Human Rights Comm.: Pakistan, ¶131, Oct. 2015, U.N. Doc. CCPR/C/PAK/, https://documents-ddsny.un.org/doc/UNDOC/GEN/G15/267/96/pdf/G1526796.pdf?OpenElement.
158
The State (through Advocate-General, Sindh, Karachi) v. Salman Hussain, PLD 1995 SC 1.
159
FIDH, Slow March, supra note , at 34.
160
In 1999, the Karachi High Court ruled that a defendant charged under the ATA bore the burden of proof: “When any person
accused of having committed as scheduled offence is found to be in possession of, or to have under his control any article or
thing which is capable of being used for, or in connection with the commission of such offence, or is apprehended in
circumstances which lead to raise a reasonable suspicion that he had committed such offence, he shall be presumed to have
committed the offence unless he can prove that he had not in fact committed the offence.” FIDH, Slow March, supra note , at
40 (quoting Khawaja Hasanullah v. The State, 1999 MLD 51).
161
Protection of Pakistan Act of 2014 (X of 2014), § 15.
A “MOST SERIOUS CRIME”:
PAKISTAN'S UNLAWFUL USE OF THE DEATH PENALTY 51
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