3.
Launch independent investigations into cases alleging coerced
confessions; juvenility; mental illnesses or developmental or
intellectual disabilities
The cases and documentation reviewed illuminate how the lack of procedural safeguards at the
outset—mental health and juvenility determinations, for instance—compound violations throughout a
defendant's trial, sentencing, and death row confinement. Robust investigations, coupled with effective
avenues for post-conviction relief, are crucial if justice is to be served. Because of the lack of
transparency and independence of the judiciary and other branches of the government, this report
recommends that independent actors conduct the investigations. The National Human Rights
Commission a statutory body constituted under the National Human Rights Commission Act, 2012
would be an ideal platform to lead such an investigation.
4.
Commute death sentences of all juveniles and individuals with mental
illness, as well as those with convictions based primarily on
circumstantial evidence or coerced confessions.
Pakistan should commute the death sentences of all those who have made showings of juvenility and
mental illness, including those whose mental health has deteriorated significantly on death row. Because
the death sentence demands a high standard of proof, Pakistan should also commute cases for
individuals whose convictions were based primarily on confessions, in recognition of the high prevalence
of custodial torture and the inadequate safeguards currently in place.
A “MOST SERIOUS CRIME”:
PAKISTAN'S UNLAWFUL USE OF THE DEATH PENALTY 41
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