B.
Pakistan fails to distinguish and protect prisoners vulnerable to
death row syndrome, specifically juveniles and mentally ill person
Conditions on Pakistan's death row, where prisoners spend an average 11.41 years on death row,
expose prisoners to a high risk of death row syndrome. Especially vulnerable are juveniles and
individuals with mental illness or intellectual disabilities. The inquiry as to whether the combination of
circumstances runs afoul of the ICCPR's prohibition of inhuman treatment is case-specific, but typically
considers the prolonged detention of the prisoner; the physical conditions of imprisonment; and the
psychological impact of the incarceration on the prisoner.266 The Human Rights Committee has
acknowledged that “the psychological tension created by prolonged detention on death row may affect
persons in different degrees.”267 Critical to this last factor are “personal circumstances of the [prisoner],
especially his age and mental state at the time of the offense.”268
Pakistan continues to hold juveniles on death row. The Human Rights Committee maintains that holding
juveniles on death row amounts to cruel and inhuman punishment in direct contravention to Article 7 of
the ICCPR.269 Holding juveniles on death row also violates Article 10(3) of the treaty, which provides that
“juvenile offenders shall be segregated from adults and be accorded treatment appropriate to their age
and legal status in so far as conditions of detention are concerned.”270 However, case after case details
instances of juveniles confined with adults on death row, simultaneously violating both of these
important international obligations. Furthermore, as noted above, juveniles are especially susceptible to
the death row syndrome. Ansar Iqbal endured 21 years on death row. He was 15 years old when he was
arrested. Shafqat Hussain, arrested at 14 years of age, suffered 11 years on death row. Aftab Bahadur
was executed after spending 22 years on death row. Collectively, all three spent more than half of their
brief lives awaiting death in the gallows.
Pakistan also continues to hold on death row persons with mental illness and developmental and
intellectual disabilities. The Human Rights Committee has found a violation of the Covenant where the
death row inmate's “mental condition was exacerbated by his treatment in, as well as the conditions of
his detention, and resulted in documented long-term psychological damage to him.”271
In finding such a breach, the Human Rights Committee considers the prisoner's current mental health,
and not only that presented at time of sentencing. Thus, a breach occurs when “[c]ounsel has provided
information that shows that the author's mental state at the time of the reading of the death warrant was
obvious to those around him and should have been apparent to the prison authorities.”272 Furthermore, a
prisoner with mental illness may be especially vulnerable to inmate and guard violence and abuse, which
infringes upon a prisoner's inherent dignity.273
A “MOST SERIOUS CRIME”:
PAKISTAN'S UNLAWFUL USE OF THE DEATH PENALTY 37
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