X.
EXECUTING PERSONS WITH DISABILITIES
Pakistan executes individuals with mental illness and intellectual and developmental disabilities.
Because procedural deficiencies fall particularly hard on defendants with mental illness and intellectual
and development disabilities, and those with mental illness may lack the criminal intent required for the
charged offense, international law condemns the execution of this vulnerable class of people. The
Convention on the Rights of Persons with Disabilities (CPRD), which Pakistan ratified in 2011, guarantees
the “inherent dignity” of individuals with disabilities.239 Furthermore, the Human Rights Committee has
found that the issuance of an execution warrant in the case of a mentally ill prisoner violates Article 7 of
the ICCPR.240 Persuasive sources of international law are more explicit in their prohibition of executions
of prisoners with disabilities. For instance, the third of the Safeguards Guaranteeing Protection of the
Rights of Those Facing the Death Penalty provides that “the death penalty [shall not] be carried out . . .
on persons who have become insane.”241 The Commission on Human Rights has urged retentionist
countries “not to impose the death penalty on a person suffering from any mental or intellectual
disabilities or to execute any such person.”242 Finally, the UN Special Rapporteur on extrajudicial,
summary or arbitrary executions has made repeated calls to States to stop executing those with mental
disabilities, stating that “international law prohibits the capital punishment of mentally retarded or
insane persons.”243 Along these lines, Europe has urged states not to impose the death penalty on those
“suffering from any mental illness or having an intellectual disability.”244 Even the United States prohibits
the execution of insane persons or those with intellectual disabilities.245
While in theory, Pakistani law provides safeguards to prevent the execution of those mentally ill at the
time of the offense, and permits the defense of legal insanity,246 in practice, Pakistan sentences to death
and executes prisoners who suffer from mental illness. The lack of mental health treatment and training
in the criminal justice system, as well as in Pakistan generally, means that many individuals never even get
diagnosed. The dearth in procedural safeguards upon arrest and in the course of trial results in the
sentencing to death of many mentally ill persons.
The lack of mechanisms to detect and classify mentally ill individuals poses an initial and significant
obstacle to ensuring Pakistan does not execute persons with mental and intellectual disabilities. In
Pakistan, prior to defendants' entanglement with the criminal justice system, access to psychiatric care is
limited, especially among the poor. As a result, many indigent, mentally ill individuals are rarely
diagnosed. Indeed, “[t]hose who experience mental illness often turn first to religious healers, rather
than mental health professionals,” and then only to traditional and alternative healers.247
Muneer248 Hussein was one such case. Muneer Hussein came from a low socioeconomic background with
no access to mental health services. In the years prior to his execution, his lawyers were able to gather an
extensive file documenting the numerous indicators of mental illness that arose early on in his childhood,
and that worsened over time. As a child, Muneer experienced episodes of extreme anxiety andz
hallucinations.
A “MOST SERIOUS CRIME”:
PAKISTAN'S UNLAWFUL USE OF THE DEATH PENALTY 31
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