KARACHI, Oct 11: The South Asians for Human Rights (SAHR), under the chairmanship of Mr I.K. Gujral and Ms Asma Jahangir, notes with concern that the death penalty is still in place in several South Asian countries — with the exception of Bhutan and Nepal which have abolished the death penalty for all crimes, and Sri Lanka and Maldives which are effectively abolitionist in practice.
“The death penalty is a violation of the right to life and the right not to be subjected to cruel, inhuman or degrading punishment. Prisoners currently awaiting the death sentence include British national Mirza Tahir Hussain who has been awarded the death penalty in Pakistan, and Mohammad Afzal Guru who has been sentenced to death in India.”
A recent SAHR report on the death penalty in Pakistan highlights the fact that during the first half of 2006 alone, 145 prisoners were awarded the death penalty. SAHR’s report makes the point that the death penalty has been imposed for offences that surpass the limitations laid out in the ‘most-serious crimes’ and ‘war-crimes’ provisions defined in customary international law such as the United Nations International Covenant on Civil and Political Rights (ICCPR), which advocates the abolition of the death penalty as an essential step for progress in the enjoyment of the right to life.
The Second Optional Protocol of the ICCPR allows states to retain the death penalty only for crimes “in time of war or of imminent threat of war”. As members of the international community, South Asian countries are under obligation to follow customary international law.
The finality of the death penalty, says SAHR, places enormous responsibility on those involved in the legal process, as due process of law is not often followed, and the risk of condemning individuals innocent of their crimes is great. Furthermore, scientific studies show that the existence of the death penalty does not deter crime more effectively than other punishments.
SAHR has urged all non-abolitionist governments of South Asia, particularly Pakistan and India as strong regional powers, to join the ranks of 88 countries which have abolished the death penalty. “We ask that these countries fully uphold human rights by following due process of law, to place an immediate moratorium on executions whilst taking steps to effectively abolish the death penalty in their countries, both in law and practice, and in order to do that, put in place a national dialogue.”
