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October 20, 2006 Friday Ramazan 26, 1427



Pakistan, UK working to resolve death penalty issue



By Qudssia Akhlaque


ISLAMABAD, Oct 19: Authorities in Pakistan and the UK are hopeful of arriving at a consensus formulation for an extradition treaty between the two countries that effectively deals with the key hurdle of conflicting laws relating to the death penalty, informed sources told Dawn.

The bilateral extradition treaty will give both sides the legal cover to extradite people wanted by each other in terrorist acts and other crimes.

However, finalisation of the treaty has been delayed by the conflict on the death penalty issue in the laws of the two states.

Pakistani laws, both Penal Code and the Islamic provisions, stipulate death penalty in certain cases of homicide while the UK and the European Union have not only abolished capital punishment but also espouse universal abolition of the death penalty.

It is learnt that the two sides are engaged in sorting out the matter and a revised draft has recently been exchanged. Pakistan forwarded its observations on a draft proposal submitted by the UK a few weeks ago.

“Interior and law ministries of Pakistan are in touch with their British counterparts on this matter and are examining the various formulations,” sources in the government said. “Hopefully they would agree on a consensus formulation that would address domestic and legal concerns of both sides,” they said.

There are indications from those involved in the process that an understanding may be reached before the end of this year.

The matter is also likely to come up for discussion during a high-level official visit from the UK to Pakistan next month.

Meanwhile, legal experts view it as a question of interpretation and believe that invoking ‘a pardon by the president’ could prove to be a way out of the ‘death penalty’ issue that has delayed the signing of the treaty.

There are hints that an assurance of ‘pardon by the president’ in case of death penalty may become part and parcel of the treaty.






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