A.
Pakistan's under-resourced criminal justice system creates Incentives
for corruption and other abuses of authority
Pakistan routinely appears at the bottom of global surveys of corruption and the rule of law. The World
Bank, in its global governance index, finds that across nearly every category—including government
effectiveness, rule of law, and control of corruption—Pakistan is in the lowest quartile.56 The World
Justice Project's Rule of Law Index places Pakistan at 98th out of 102 countries,57 and Transparency
International consistently ranks Pakistan as the third most corrupt country in the region (behind
Bangladesh and Afghanistan) in its annual survey.58 In a 2011 Gallup Poll, 81 percent of Pakistanis felt that
government corruption was “widespread.”59
The systemic lack of resources for law enforcement increases the incentives for corruption and other
abuses of authority. A 2012 report by the Asia Society's Independent Commission on Pakistan Police
Reform notes that Pakistan's police are handicapped by “[a] lack of resources, poor training facilities,
[and] insufficient and outmoded equipment,”60 with some officers earning as little as $100 per month.61
The Independent Commission concluded that “the system simply is not structured to reward good
behavior, as merit-based opportunities for professional advancement are scarce, low pay is the norm,
and a lack of support and resources compels even many well-intentioned officers to misuse their
authority in order to survive.”62 In a recent survey by Transparency International, 82 percent of
respondents rated police as corrupt or extremely corrupt.63
Undertrained and under resourced, police rely heavily on confessions as evidence of guilt, and the use of
torture is widespread.64 Police lack forensics capabilities and other means of investigation.65 Torture is
prohibited under Pakistan's Constitution, but police training texts “not only neglect to reinforce this
right, but also hardly discuss the issue of torture as a means of eliciting a confession at all.”66 The
Independent Commission found that police training “is archaic both in its content and in its
methodology. The emphasis is on muscle over mind.”67 In one survey police officers said that they
resorted to torture because they had not been taught any other method.68 Consequently, as detailed
below, torture is routine and seldom punished.
Prosecutors are also underfunded and ill-equipped.69 According to one former prosecutor, “Weak cases
come to trial because 'prosecutors do not want to weed out cases [since] they believe it makes them look
weak or dishonest.'”70 Oftentimes, “prosecutors do not speak to witnesses until the case comes to court,
undermining their effectiveness against the defense, and making them over-dependent on the police.”71
A “MOST SERIOUS CRIME”:
PAKISTAN'S UNLAWFUL USE OF THE DEATH PENALTY 7