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It was a moment when the adage about people living in glass houses and being circumspect about throwing stones sprang to mind.
The anguished response by the Foreign Office and Interior Minister Nisar Ali Khan to the execution of two opposition politicians in Bangladesh on Sunday referred to their “flawed trials” and the “violation of human rights” that their sentences had constituted.
To anyone not viewing the issue in isolation, the double standard was obvious, and rights activist Asma Jahangir soon called out the government on it.
The former Supreme Court Bar Association president criticised the “disproportionately high passion” that the government had displayed in the matter in comparison with its silence on the unfair trials in which Pakistan’s own citizens were being sentenced to death. Here she was referring to the hangings that have been taking place in the country’s prisons, to the sentences being handed down by the military courts — unprecedented in the opaqueness of their proceedings — as well as to the Pakistanis who are regularly executed on drug smuggling charges in Saudi Arabia.
Ms Jahangir’s stand is a courageous and principled one, particularly given the current hyper-nationalistic environment in which insistence on human rights and due process for all is seen as not only subversive but is perversely projected as collusion with the very militants against whom the state is fighting.
The country’s criminal justice system is known to be deeply problematic. Despite this, around 300 condemned prisoners have been hanged in Pakistan since the government lifted the moratorium on the death penalty last December; contrary to the avowed aim of the aforementioned measure, only a small proportion of them had been convicted for terrorism.
A paraplegic, who had been kept on death row despite his condition, was about to be sent to the gallows yesterday when he was given a last-minute reprieve, though only for two months.
Miscarriage of justice is a reality for many Pakistanis — although not, of course, for those living in their ivory towers.
Published in Dawn, November 26th, 2015
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Comments (55) Closed
Nov 26, 2015 08:34am
Pakistan authority immediately should stop Death Penalty --- Pakistani civil society should campaign for the end of capital punishment.
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Nov 26, 2015 08:37am
Kudos to Asma Jehangir and Dawn.
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Nov 26, 2015 09:22am
Tragic. But true .Miscarriage of Justice is a shame to all those who have been in power and have done nothing to correct the wrong .
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Nov 26, 2015 09:30am
It's all very well to say that Death Penalty should be eliminated. However, how can our society provide justice to those who are being killed right and left, almost on a daily basis, by murderers who are probably encouraged to commit such atrocities by knowing that they will never be taken to gallows? One loses life, but the murderer is allowed to live his out ---- and so what even if it is passed in the confines of a prison?
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Nov 26, 2015 09:44am
Dawn has excellently pointed out the double standards. Appointing of military courts is in itself a violation of justice without a proper trial along with violation of human rights. But everyone seems to turn a blind eye to it.
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Nov 26, 2015 09:44am
Bangladesh hangings cannot be compared with the punishments for drug smugglers and terrorists.
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Nov 26, 2015 09:51am
The death penalty should be abolished unconditionally. Compassion, empathy, forgiveness are the most important human traits. We as humans whoever and wherever we are should show mercy. Dawn is an Institution whose values are appreciated all over the world. A very well written and apt editorial, very brave of Asma Jehangir and Dawn to write the right thing. There is a need for people to stand up for what they believe in and there is no better cause than saving a human life.
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Nov 26, 2015 09:52am
In Pak, all the accused admit the charges before the Anti Terrorism Courts. Something Asma would like to take up.
R.S. Menon, Bangalore
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Nov 26, 2015 10:05am
Bangladesh executed politicians not criminals, despite the 1974 agreement between Pakistan India and Bangladesh
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Nov 26, 2015 10:08am
Great editorial!!! A good dose of introspection always the best medicine in these troubled times.
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Nov 26, 2015 10:18am
Double standards on many issues
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Nov 26, 2015 10:19am
I don't see why there should be mercy for a person who is disabled . If he committed a crime, he needs to be punished as he wasn't very disabled when he was killing someone !
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Nov 26, 2015 10:49am
Nothing is fair in this world. Bear with it. Double standards, are the standards. Look at world history first
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Nov 26, 2015 10:54am
And also not to interfere in other's internal affairs.
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Nov 26, 2015 10:56am
The matter needs to be seen in its correct perspective. The Bangladesh executions are conducted for people who fought for their country against foreign supported elements. In this regard they are a violation of the 1974 agreement. Moreover, the revival of the cases by the government of Shiekh Hasina Wajid who had very strong anti_Pakistan bias also shows revenge and vengeance more than justice.
The executions in Pakistan are for those violating the law of the land.
Justice is required to be supreme in both the cases but the legal, moral and ethical, all perspectives needs to be seen clearly.
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Nov 26, 2015 10:59am
@Burjor Rustomji. If you were to loose a loved one in a murder would you show compassion, words are cheap ask those who have and awaiting for murders and terrorist to brought to justice.
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Nov 26, 2015 11:01am
Some times un deliberately we do out from the favor of the country , criticism is good but it is not necessary where country's self-esteem effected. despite of saying publicly it should raise issue in front of government official or Ministry of foreign office and interior minister. Or go through from the law and legal way.
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Nov 26, 2015 11:16am
Islam teaches us forgiveness but at the same time it also legalizes death penalty. The decision rest with the affected party
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Nov 26, 2015 11:27am
I know that I am not her only Indian admirer, She has world-wide fan following. But I am eager to somehow convey Asma Jehangir that She is one of the Pakistanis I like very very much and want to work under her for betterment of Indo-Pak relation.
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Nov 26, 2015 11:27am
It is important to note the Human Right in essence here, whether it is individual or collective in its very sense. If it is individual in nature then the writer may be correct, but if it has a collective 'Humans' right than these leeches of humanity do not deserve humane response. I would personally disagree with the Editorial here in essence from a macro view and uphold Pakistan's view on the matter.
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Nov 26, 2015 11:41am
@M. Emad HAH! Keep dreaming
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Nov 26, 2015 11:44am
Death penalties in Pakistan are for criminals and terrorists where as in Bangladesh it is politically motivated and violates already agreed upon by leader of both countries. To equate them is same bracket is not right
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Nov 26, 2015 11:51am
Asma you are fighting this war very bravely......Pakistan has to improve its investigation system and the Justice system, but the murder criminals must not go unpunished...
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Nov 26, 2015 12:59pm
Nisar did not condemned death penalty, he condemns the unjustice death penalty. don't mix views.
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Nov 26, 2015 01:33pm
Why surprise???? Where they don't have double standards????
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Nov 26, 2015 01:39pm
Well done Asma Jahangir and well done Dawn for having the courage and spine to verbalise and publish the truth-these double standards
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Nov 26, 2015 01:45pm
Death penalty must stay at all cost, it is a strong deterrence against terrorists and mafias. However, it is the responsibility of the political government to fix the flaws within prosecution and judiciary's responsibility to conduct trial trials. Inefficiencies within the government machinery is no substitute for eliminating the death penalty.
The flip side can also be argued that due to various flaws innocent blood is shed and the influential or well connected culprits get away with it. Who is responsible to provide justice to the families of people who are killed for no reason.
Ask any mother of a son who was killed for no reason by the so called mafia or well connected if she approves death penalty of such criminals? Overwhelming majority of Pakistanis approve death penalty.
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Nov 26, 2015 02:11pm
Brave article Sir, only Dawn could do
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Nov 26, 2015 02:13pm
If fully support the death penalty. It's no double standard. It is a Justice which necessary to stop crimes in Pakistan..
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Nov 26, 2015 02:38pm
I appreciate Dawn and its writer for their ability to introspect. Since last 6 months I have started reading this newspaper and I feel Pakistanis are good human being, tolerant and grounded. At the same time I view Pakistanis constantly deprived of good visionary leaders.
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Nov 26, 2015 02:49pm
Murder Crimes will increase if stopped death plenty
Improve justice system instead of stopping death plenty.
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Nov 26, 2015 02:52pm
Absolutely out of context editorial. Bangladesh is executing death sentence due political differences on people it believes acted against the spirit of its independence war - for the purported crimes committed during a period when the Bangladesh state or its constitution did not existed. This is now being compared to the situation in Pakistan where law and state exists but the crimes are not properly prosecuted.
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Nov 26, 2015 03:46pm
Summary trial and execution of drug smugglers in Saudi Arabia is a well known procedure since ages. Those who try to play with the Saudi laws are already taking their chances and if caught, are only themselves to blame.
But, hanging of two top JI leaders on unsubstantiated chargers and that too after 44 years of the purported charges, is something unheard of in the world. They were just 22 and 23 years old youth in 1971 and cannot be top-leaders who could have issued orders for killings. One of them Salahuddin Quader Chowdhury was the son of Fazlul Quader Chowdhury, a former Speaker of Pakistan National Assembly and Acting President of Pakistan from time to time. Being loyal to Pakistan against an Indian instigated uprising was their war-crime.
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Nov 26, 2015 04:03pm
@rehan If you are a religious you must think that God punishes every sinner and this person who was a able bodied young man when he committed the crime is now at the mercy of others, I can say with full authority to be paraplegic is more sever punishment than death because he dies every moment and I say this because I am a paraplegic and I pray 24x7 for death, it is not easy to be on the bed.
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Nov 26, 2015 04:26pm
@M S 'Ask any mother of a son who was killed for no reason by the so called mafia'
Agree, but only if you can guarantee a fair trial to the accused.
And only if you can assure that the investigations were done in a fair and transparent manner.
And only if you can be sure that there was no foul play in the process.
The 'iffs' at this stage are so many, that death sentence to such a large number of convicts is not justified.
Take the case of India where death penalty is awarded only in the 'rarest of rare' cases of crime. Statistically, India has executed only 5 convicts in last 20 years.
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Nov 26, 2015 04:34pm
@Burjor Rustomji. "Compassion, empathy, forgiveness" are indeed the qualities one should always venerate. However, what I don't understand is why such terms are always used to sympathize with the criminals, but hardly ever for the defence of the rights of the victims ?
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Nov 26, 2015 04:39pm
@Brar . You are a very brave person to write this letter, I hope more people read your letter, especially who you addressed to.
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Nov 26, 2015 04:41pm
Dawn you have proven again that there is still sanity left in Pakistan..
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Nov 26, 2015 04:51pm
the irony is (For the powerful, crimes are those that others commit)
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Nov 26, 2015 04:58pm
the reason behind Pakistan's response to Bangla executions. Execution of opposition leaders in Bangladesh is in fact violation of an agreement among India, Pakistan and Bangladesh, duly signed by the then Bangla Foreign Minister where it was settled that no further action would be taken against accused war criminals. So Pakistan's response is not due to hanging of leaders but violation of that agreement.
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Nov 26, 2015 05:14pm
What's happening in bangladesh, hanging of JI leaders on 40 year old trumped up crimes when no bangladesh existed ,is more ridiculous and outrageous. Do I see any international reactions to it?
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Nov 26, 2015 05:15pm
Pakistan hardly get any person convicted, so one who is convicted are 99% guilty, as punishment rate is 10% already very low!
most criminals don't get punished!
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Nov 26, 2015 05:38pm
Pakistan is not executing people on political opinions.BD is doing that.
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Nov 26, 2015 05:54pm
Double standards are a norm in 21st century. Thanks to Hypocrites!
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Nov 26, 2015 05:55pm
Agreed. There are double standards in every walk of life in Pakistan and this reflects on every single case you come across...
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Nov 26, 2015 06:47pm
I wonder if this will find space, however I will say Pakistan is a unique state in the world. When I look at the articles, blogs and opinions on english newspapers of Pakistan including Dawn I feel that Pakistan has so much talent and objectivity towards their own country that is loved by all the people. But, when I look at the actions and conduct of state I am unable to reconcile that a country full of so much wisdom is failing and pursuing such policies that shock the international community. Where is the space for a common man and sanity?
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Nov 26, 2015 07:00pm
Indians everywhere to criticize Pakistani death sentences when after the hangings started we have seen some respite in terrorism...a certain set or rules suits a certain segment of a society. like the democracy of the west wont work in the east and the eastern rules n regs wont work in the West. death penalty is the only way the majority of the illeterates in the East understand the language of peace and deterrance
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Nov 26, 2015 07:11pm
Excellent artical.
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Nov 26, 2015 07:34pm
@VINOD Thanks Dawn
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Nov 26, 2015 08:30pm
Since government had lifted the ban on death sentence the violence of terrorism has decreased.Comparing Pakistan to West is not is not right, both are humans but mentally they are really apart.Look at their society and look at ours, look at their streets and look at ours, look at how they do buisness with each others and look at our own ways.
How many people will strap a bomb around their own self in West and how many people will do the same in Pakistan and even if they do how will the Western governments deal with them and how will our government deal with them .How our jails get attacked and criminals get freed and we'll protexted are the Western jails. Our nation needs more education and time to get close to the West but for now we need to get tough in our own war with terrors.
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Nov 26, 2015 09:22pm
The Human Rights groups do not care about the innocent victims. Consider the innocent children killed by the terrorists on 16 Dec 2014. Do these criminals deserve any mercy? Absolutely not !
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Nov 26, 2015 09:32pm
@Pak Citizen If a criminal becomes a politician should he/she be spared punishment of crimes they had committed.
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Nov 27, 2015 12:25am
One issue is a simple case of following recent criminal events, whether you agree or not but they face legal justice, and subsequent execution is based or justifiable laws.
The other issue is related to an historical event that took place nearly 50 years ago, is protected by an agreement between countries in the spirit of moving on and looking to the future, and widely reported to be based on very flawed legal procedures.
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Nov 27, 2015 10:02am
@Pak Citizen. Countries which have abolished the death penalty have done so with a lot of thinking, debate, consensus, within. Crime rate has fallen in many countries which have abolished this punishment.
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Nov 27, 2015 12:51pm
@M.Saeed > Again, Double standard. If you feel those 2 Bangladeshi criminals were loyal to Pakistan in 1971, why did not you ask your govt. to offer them Pakistani citizenship and place in Pakistan? There are about 50,000 people in Dhaka, known as Bihari, who are still loyal to Pakistan and did not accept Bangladeshi citizenship and waiting for 45 years to be accepted and go to Pakistan. Did you even know about them? If SA can punish those who played with their law in their land, why Bangladesh cannot? These 2 faced 5 years of public trial and got every fair opportunity like appeal, re-appeal to prove themselves innocent, if they were, but failed and thus faced the consequences.
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