Pakistan: renew the official moratorium on the death penalty

Pakistan: renew the official moratorium on the death penalty

The Government of Pakistan should renew the official moratorium on the death penalty, with a view to definitively abolishing the practice in law, says the ICJ.

The Government signaled its intention to resume executions on Thursday, 4 July 2013 when it failed to renew a 2008 Presidential order imposing a moratorium on executions. It is estimated that approximately 8000 people are currently on death row in Pakistan.

“Resuming executions would be a major step backwards for Pakistan in protecting human rights,” says Sheila Varadan, ICJ Legal Advisor for South Asia. “The prospect of lifting the moratorium is all the more alarming given the extraordinarily high number of people on death row.”

The announcement apparently comes as part of the newly elected Government’s strategy to tackle high levels of crime and insecurity in Pakistan.

The ICJ condemns the death penalty as a violation of the right to life and a form of cruel and inhuman punishment. Moreover, it is widely accepted that the practice cannot serve as a deterrent to crime or be administrated without error or discrimination.

More than 150 of the 192 United Nations members States have either abolished the death penalty or imposed a moratorium on its practice.

In December 2012, the United Nations General Assembly adopted its fourth resolution calling on all States retaining the death to place a moratorium on the practice with a view towards abolition.

Of the 186 member States present, 111 member States voting in favour and only 41 member States against, an increase from the previous three resolutions.

“Pakistan is part of a dwindling minority of States who continue to retain the death penalty and carry out executions,” Varadan. “The ICJ urges the newly elected Government of Pakistan to demonstrate its commitment to upholding human rights and to desist from licensing the State deliberately to take the life any person in its custody.”

CONTACT:

Sheila Varadan, ICJ Legal Advisor, South Asia Programme (Bangkok), t: +66 857200723; email: sheila.varadan(a)icj.org

 

 

Pakistan: assassination attempt on High Court judge is assault on rule of law

Pakistan: assassination attempt on High Court judge is assault on rule of law

The ICJ condemns the attempted assassination of Justice Maqbool Baqir, a judge of the Sindh High Court, who also sits on the anti-terrorism court in Karachi, Pakistan.

A bomb blast injured Justice Maqbool Baqir and thirteen others and killed at least nine people.

“This is the second bombing targeting the Pakistani judiciary in under six months. The ICJ is extremely concerned that these attacks signal a renewed challenge to the ability of the Pakistani judiciary to function as an independent institution,” said Sheila Varadan, ICJ’s South Asia Legal Advisor.

According to local media sources, the Tehreek-e-Taliban Pakistan (TTP), an armed group operating in northwestern Pakistan, has claimed responsibility for the bombing, admitting that it specifically targeted Justice Maqbool Baqir for his ‘anti-shariah’ judgments and ‘ruling against the mujahideen’.

“Any physical attack on a judge constitutes a serious threat to the rule of law and the independence of the judiciary. If the TTP or another armed group is deliberately targeting judges, it could constitute a crime under international law,” Varadan added.

Under international standards, including the United Nations Basic Principles on the Independence of Judges, Pakistan is responsible for taking measures to ensure the protection of members of the judiciary from acts of violence or other threats to their safety.

Earlier in March 2013, the ICJ condemned the suicide bombing inside a Peshawar courthouse killing four people and injuring thirty others.

CONTACT:

Sheila Varadan, ICJ Legal Advisor, South Asia Programme (Bangkok), t: +66 857200723; email: sheila.varadan(a)icj.org

 

 

Pakistan: ICJ condemns attack on the Peshawar Courthouse

Pakistan: ICJ condemns attack on the Peshawar Courthouse

The ICJ strongly condemns today’s suicide attack on the Peshawar court complex in Pakistan.

“An independent judiciary, free from violence, threats of violence or intimidation is a basic precondition to a functioning democracy under the rule of law,” said Alex Conte, Director of ICJ’s International Law and Protection Programmes.

“The suicide attack drives home the failure of the Pakistani government to fulfill its obligation to protect the right to personal security of the millions of people living in northwest Pakistan who have to face the daily threat of suicide bombings or unlawful killings,” said Sam Zarifi, ICJ’s Asia & Pacific Regional Director.

Under the United Nations Basic Principles on the Independence of Judges, the State must take steps to protect the judiciary from threats, violence or any other interference from any quarter for any reason.

Under international law, notably the International Covenant on Civil and Political Rights, Pakistan must take active steps to ensure the safety of all persons within its territories.

Under the Beijing Statement of Principles on the Independence of the Judiciary in the LAWASIA Region, the executive authorities must at all times ensure the security and physical protection of judges and their families.

“Insurgent groups in northwest Pakistan have a long record of human rights abuses, including the use of suicide bombers to commit unlawful killings,” Zarifi added. “If this bombing was perpetrated by militants as part of a widespread or systematic attack against civilians, it constitutes a crime against humanity and must be treated as such.”

Earlier today, two suicide bombers detonated heavy explosives inside a Peshawar courthouse killing four people and injuring thirty others, including lawyers, police officers and civilians.

One of the bombers detonated the explosives in the courtroom of Judge Kulsoom Nawaz.

The Peshawar courthouse complex was attacked in November 2009, killing 19 people.

CONTACTS:

Laurens Hueting, ICJ Associate Legal Adviser, Centre for the Independence of Judges and Lawyers (Geneva), t: +41 229793848, email: laurens.hueting(a)icj.org

Sam Zarifi, ICJ Asia-Pacific Regional Director, (Bangkok); t:+66 807819002; email: sam.zarifi(a)icj.org

Sheila Varadan, ICJ Legal Advisor, South Asia Programme (Bangkok), t: +66 857200723; email: sheila.varadan(a)icj.org

ICJ calls for reconsideration of Pakistan’s position on UPR recommendations

ICJ calls for reconsideration of Pakistan’s position on UPR recommendations

The ICJ today called on the Government of Pakistan to reconsider its rejection of UPR recommendations on the death penalty and enforced disappearances.

Expressing deep regret over recent events in Pakistan reversing a de facto moratorium on the imposition of the death penalty in the country, the ICJ called on the Government to accept UPR recommendations to adopt an official moratorium with a view to abolishing the death penalty in law. The ICJ also called on Pakistan to accede to the Second Optional Protocol to the ICCPR and to ratify the International Convention for the Protection of All Persons from Enforced Disappearances.

The statement was made during an Interactive Dialogue on the adoption of the UPR of Pakistan (Item 6 of the Council’s agenda) during the 22nd regular session of the Human Rights Council (25 February to 22 March 2013).

Pakistan-HRC22-Item6-NonLegalSubmission-2013 (download full statement in PDF)

Pakistan-UPR-StakeholderSubmission-LegalSubmission-2012 (go to webpage on the ICJ’s submission on the UPR of Pakistan)

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