ZULFIQAR ALI KHAN Years On Death Row: 17 Status: Executed On May 6, 2015. Undermined by “clueless” state-appointed lawyers In 1998, Zulfiqar and his younger brother were held up in an armed robbery outside of Islamabad. Fearing for his life and that of his brother, he shot the two thieves in self-defense. Although his alleged crime had nothing to do with terrorism, Zulfiqar's case was nonetheless tried by the Anti-terrorism Court (ATC) in Rawalpindi in 1999. His case illustrates the dangerous over breadth of Pakistan's counter-terror framework, which has been used to prosecute an array of crimes that have nothing to do with terrorism. Due to severe poverty, Zulfiqar's family was unable to afford a lawyer. As a result, he relied on stateappointed lawyers whose incompetence severely undermined his case. When the prosecution presented falsified witness statements, Zulfiqar's state-appointed lawyer failed to challenge this erroneous testimony, causing irreparable damage to his case. As Zulfiqar described the incompetence of his lawyer, “Since a defense counsel was needed to fulfill a legal formality, the judges . . . enlisted peremptorily one of the lawyers at that time present in court, who was clueless about my case.” According to Zulfiqar's younger brother, Abdul Qayyum, his defense was “a mere formality.” By the time the case reached the penultimate stage of appeal, Qayyum still had not met his brother's lawyer. He only learned from another lawyer that “the Supreme Court had dismissed [Zulfiqar's] final petition (against execution) because our lawyer was not present in court.” Zulfiqar was sentenced to death by firing squad by the Anti-Terrorism Court. His sentence was confirmed by the High Court in 2001 and his Supreme Court appeal was rejected in 2002. During his 18 years on death row, Zulfiqar was a model prisoner. Not only did he complete 33 diploma courses, but he also educated more than 50 of his fellow prisoners. As one of Zulfiqar's students described him, “When I was put on death row I was completely uneducated. Thanks to his hard work, I am now preparing for my bachelor's degree. He was like an angel in my life.” Another fellow prisoner said of Zulfiqar, “He has spent the last 14 years of his life imparting the message of peace, patience, and piousness… He is a source of inspiration and deserves to be honoured.” By the time Zulfiqar was executed on May 6, 2015, his execution had been scheduled (and postponed) more than 22 times. A “MOST SERIOUS CRIME”: PAKISTAN'S UNLAWFUL USE OF THE DEATH PENALTY 17

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