Daily Times

A wheelchair-bound convict, Abdul Basit, aged 43 years, is set to be hanged in Pakistan despite appeals from human rights groups both in Pakistan and abroad. If he is sent to the gallows in Pakistan, it will be the first time that the state executes a wheelchair-bound convict. Abdul Basit was convicted for murder in 2009 but developed tuberculosis one year later, becoming paralysed from the waist down. The same sort of execution was once held in the US in the year 1993, where an extremely disabled man was hanged to death in Virginia. Other than that no such example is found in the rest of the world.

A black warrant was issued on July 28, 2015 but due to the efforts of his legal team, the warrant was stayed and the court adjourned until August 25. This proceeding will determine whether to go ahead with the execution. A mercy petition is pending before President Mamnoon Hussain, requesting the suspension of the death sentence because the execution of Abdul Basit will violate Pakistani prison regulations and international law. On paper, executing insane, semi-disabled or wholly disabled people is not sanctioned under Pakistani and international law. The mercy petition that is pending before the worthy President says that the condemned prisoner is unable to use his lower body to support his own weight and cannot stand on his feet at all. A medical board examined Abdul Basit on August 1, 2015. In the board’s opinion, he was diagnosed with Tuberculosis Meningitis in 2010. He is on supportive therapy and rehabilitation since then, as the medical board told the jail authorities. The medical board further contended that patients with such conditions are permanently disabled and may not recover for their entire lives. They are likely to remain on bed rest for the rest of their lives. Therefore, it can be said that in the medical board’s opinion, Abdul Basit is totally unfit and has permanent disability from which he cannot recover in his lifetime.

The question is, why are the jail authorities all set to execute such a convict? I believe that executing anyone, either fit or disabled, is barbaric and state murder. In the wake of the Peshawar attack last year on the Army Public School, in which Taliban extremists gunned down school children, the government of Pakistan lifted the moratorium on executions. To date, about 200 lives have been taken since 2014 by sending convicts to the gallows. It has been proved all over the world that execution is barbaric and cruel; such punishment has no space in the modern world. Critics have noted that in this bid to crack down on terrorism, many of those who have been executed since 2014 were not convicted of terrorism-related crimes.

It is my opinion that this pattern of punishment was found in medieval times. It is wrong to suggest that the reinstatement of capital punishment in Pakistan would slowly decrease the rate of crime. It is not out of place to mention that after the bloodied partition of India, the newly emerged country of Pakistan had only two capital crimes. Now, there are about 27 capital crimes and the country still faces very high rates of crime all over Pakistan. The rate of crime in Pakistan has not decreased at all since the reinstatement of capital punishment. For instance, in Karachi we often come to know about murders, thefts, burglaries, mobile phones being snatched, etc. Many suicide attacks have taken place since 2014; the masterminds and those who blew themselves up had full knowledge of the reinstatement of capital punishment. Therefore, the argument of deterrence has no weight. This argument is insufficient to justify capital punishment. The countries that have abolished capital punishment in practice or in law have lower crime rates in comparison to countries that have capital punishment in their criminal justice system. Abdul Basit’s execution would be violent and unlawful under Pakistani and international law and an affront to justice and humanity. The modern advanced capitalist countries of continental Europe, except Belarus, have abolished capital punishment for all crimes. Yet some states of the US still retain capital punishment in their criminal justice system although there is a strong movement all over the US, pushing for the abolition of capital punishment. Some states of the US have already abolished it and are transforming their criminal justice system to non-penal social engineering. It is my opinion that Pakistan should place a moratorium on executions. The criminal justice system of Pakistan can easily be manipulated by people with deep pockets. It is wholly sordid, from the police investigations to justice by the courts. Police departments are not fully equipped and educated to conduct investigations, collect evidence and prepare cases to present in a court of law.

Pakistan has executed a number of people since 2014, and most of them were convicted of murder and not terrorism as mentioned earlier. Prima facie, Aftab Bahadur was innocent but still sent to the gallows, whereas his co-accused was pardoned by the complainant. There is another example of Shafqat Hussain, who was hanged as well. He was sentenced to death when he was a juvenile of 14 years, as per reports. The police obtained his confession of murder through torture. International human rights groups urged Pakistani officials to stay his execution but their efforts were all in vain. There are other examples of those who were innocent but sent to the gallows.

I submit that Pakistan should place a moratorium on executions immediately. The international human rights groups also urge the officials of Pakistan to do so immediately. This barbaric and anti-human practice should be stopped forever and those who place their reliance upon the deterrence theory should be taught through the media and social groups that keeping capital punishment will not lower the rate of crime in Pakistan. In countries where there is economic growth, the rate of crime is lower in comparison to countries in economic crisis. I further contend that capital punishment violates the right to life and dignity. This practice should therefore be stopped. I hope that the disabled man, Abdul Basit, will not be executed and those languishing in jails accused of capital crimes will have their sentences commuted to life imprisonment. I end this piece in the hope that Abdul Basit will not be hanged.

The writer is an advocate of the High Court. He can be reached at greenlaw123@hotmail.com