[The police] charged my daughter with murder and she kept crying but they did not listen to her, and
kept inflicting their cruelty on her. They hung her from the fan and beat her. When I went there to see her,
they did not let me meet her… I was a poor man. If I were able to pay her bail, I could have saved her. They
beat her so much, that she became unwell. Then they took her to the hospital, and brought her back to
the police station after 4 days.
Kanizan Bibi's conviction largely rested on a testimony she gave after days of torture while in custody.
Aftab Bahadur was tortured by police into falsely confessing to a crime and coerced into creating
inculpatory evidence that would later be used against him. Aftab claimed that he was taken to the scene
of the crime, where the police smeared his hands with oil and forced him to leave fingerprints by wiping
his hands all over the scene.128 Similarly, death row prisoner Muhammad Amin recounted how “police
tortured me to try and make me confess. I was hung by my hands, beaten repeatedly with batons,
punched, slapped and kicked. They held a gun to my head and said they would kill me if I did not confess.
I was 17 years old at the time.”129
In the cases reviewed, there was little indication that police followed safeguards to prevent against
custodial abuse, or that courts, including appellate ones, later gave due consideration to allegations of
coercive confessions. Kanizan Bibi was arrested on August 9, 1989, but her confession was recorded only
eleven days later, on August 20—in violation of Pakistani law. Yet when confronted with a challenge on
this ground, the Supreme Court threw out the appeal, finding that “[t]he nature of the voluntary
confessions cannot be doubted.” Specifically, the Court observed that the “learned Magistrate . . .
faithfully complied with all the formalities” of the Criminal Procedure Code, such as the “necessary
questions to [appellant] to satisfy himself that the confession was being made voluntarily.”
A “MOST SERIOUS CRIME”:
PAKISTAN'S UNLAWFUL USE OF THE DEATH PENALTY 13