INTRODUCTION: PAKISTAN'S DRAMATIC INCREASE IN EXECUTIONS
On December 17, 2014, Pakistan lifted a seven-year moratorium on the death penalty. Coming in the
wake of the tragic terrorist attacks on the Army Public School in Peshawar, the resumption of executions
initially applied only to individuals convicted of terrorist offenses.1 Yet within several months and without
public justification, the Interior Ministry lifted the moratorium for all death-eligible crimes.2 As a result,
more than 8,000 individuals are now at risk of execution, many for offenses that are ineligible for capital
punishment under international law.3 Since ending the moratorium, Pakistan has executed more than
400 people, bringing the country's annual rate of executions to the highest point in its history and
making it the “third most prolific executioner in the world.”4
In the twenty months since the lifting of the moratorium, the Government of Pakistan has carried out 418
executions.5 This means that an average of 6 executions have been carried out every week since the
death penalty was reinstated, with the highest number of executions taking place in the province of
Punjab. Whilst there is no confirmed figure for Pakistan's total death row population, in December 2014,
the Ministry of Interior and the Ministry of Law and Justice stated that there were 8,261 prisoners6 on
death row in Pakistan. Therefore, thousands of prisoners remain at risk of imminent execution.
Initially, in December 2014, executions were reinstated for terrorism-related offences only. In March
2015, however, the Government – without any public justification – bought back the death penalty for all
capital offences. Thereafter, from December 2014 to March 2015, the Government executed a total of
24 people, or an average of 2 per week. That rate more than doubled in March 2015 to over 5 per week,
when executions were also resumed for non-terrorism cases. In the period March 2015 to September
2016, the Government has executed an alarming total of 393 people.7
Pakistan's resumption of executions has drawn sharp criticism from international actors. On June 11,
2015, UN High Commissioner for Human Rights Zeid Ra'ad Al Hussein said, “[t]he idea that mass
executions would deter the kinds of heinous crimes committed in Peshawar in December is deeply
flawed and misguided, and it risks compounding injustice.”8 That same week, the European Union
delegation mission to Pakistan urged its government “to reinstate the moratorium immediately to
commute the sentences of persons sentenced to death” in order to comply with its international legal
obligations.9 British and German officials have also urged Pakistan to reconsider its decision.10
Pakistan's imposition of the death penalty is, at its core, arbitrary. To begin with, Pakistan does not
reserve the death penalty for the “most serious crimes,” as required by international law, but instead
imposes execution for commonplace offenses, such as kidnapping and drug-trafficking. Second,
Pakistan's justice system is ridden with deficiencies and abuses of authority. Police routinely coerce
defendants into confessing, often by torture, and courts admit and rely upon such evidence. Poor
defendants must rely on attorneys who typically provide only cursory and ineffective representation.
A “MOST SERIOUS CRIME”:
PAKISTAN'S UNLAWFUL USE OF THE DEATH PENALTY 2