The most certain occurrence in life is oddly the one most feared by us all: lying six feet under the soil. And this fear is so great that it has become the ultimate penalty for a sinner in our world. The legal system in many countries across the globe punishes bad deeds by death. But is the inevitable experience really a punishment?
‘World Day against Death Penalty’ this month once again sparked heated debates between human rights activists advocating the right to life, and hardliners demanding an eye for an eye. To mark the day a 24 hours long play, ‘No Time to Sleep’ by the Justice Project Pakistan (JPP), was streamed online. The performance was inspired by a real case concerning inmate Zulfikar Khan who spent 17 years on death row before being executed in 2015. Depicting the last moments of a man condemned to die, Sarmad Khoosat as Prisoner Z compelled the ordinary passerby to question his conscience: does he really deserve to die? Does anyone really deserve to die?
Our nation is a prime user of the death penalty. According to the JPP every eighth person executed in the world dies within our borders. Pakistan, hosts 26 percent of the world’s death row population, has handed out 14 percent of worldwide death sentences and carried out 13 percent of them. Since 2004, more than 4,500 people have been sentenced to death, which is almost one man a day destined to die by the state’s hands. Currently 4,688 individuals in Pakistan await the same fate. They continue to sit inside a small cage waiting for the day they will meet their families for a final goodbye. But how great is the guilt of these men and women?
The moratorium on death penalty was lifted in light of the 2014, Army Public School massacre. However, since then only 76 executions have been carried out for those charged under the Anti-Terrorism Act. There are over 27 offences in Pakistan which are punishable by death including adultery, sabotage of the railway system, and giving up military passwords. Research by JPP, analyzing 150 cases, found disputes over land/money accounted for 36 percent of the executions and family disputes for 26 percent. But to value a piece of land over life is disgraceful. Disputes over money are not good enough reasons to die.
Norway has one of the lowest recidivism rates in the world — 20 percent. It has achieved this through the concept of restorative justice which aims to repair harm caused by the crime as opposed handing out punishments. They believe if inmates are treated like animals in prison they are likely to behave like animals once released
Now the very basic purpose of punishment is to prevent crime. The rapist and murderer of Zainab was hanged to death for his crimes and the nation finally sighed in relief — justice had been served. Many believe a man now tempted to rape a child will think twice before giving in to his desires, for even the mightiest warriors have trembled before death. But punishment must also push for reform because as Oscar Wilde once famously said ‘every saint has a past and every sinner has a future.’ Prevention alone is not the cure. It must be balanced alongside redemption because we are all capable of committing crimes.
At school naughty little children are made to sit alone in the corner so that they may think about what they have done and learn not to do it again. But dead men don’t suffer and they definitely have no time for regrets. Being sentenced to death inherently means you are hereby beyond redemption; you can never be good. But is that really the case? No one is born a criminal. Yes, some are born with psychological problems. But that makes them ill not evil. The legal system in Pakistan offers a quick and easy solution for criminals: off with your heads. But this solution is far from just.
Prisons should be places for reform, but are in fact little hells on earth. The dire conditions are enough to make any man unhinged. The concept of solitary confinement is even more insane. Forget the inedible food and over flowing toilets for a minute. It is difficult to spend even one week alone in our own nice and cozy rooms. Studies by JPP have found a prisoner in Pakistan will spend 11 years in his cage before either facing the rope or being freed into the world. Moreover, according to a report by JPP, 85 percent of death sentences have been overturned by the Supreme Court since 2014. This is often due to mistakes made in gathering evidence or in the verdicts reached by lower courts. Consequently, irrespective of whether a man is guilty or innocent, if a petty thief walks into prison it is very likely a man capable of committing much greater crimes walks out.
Recidivism is defined as the tendency of a convicted criminal to reoffend. Norway has one of the lowest recidivism rates in the world — 20 percent. It has achieved this through the concept of restorative justice which aims to repair harm caused by the crime as opposed handing out punishments. They believe if inmates are treated like animals in prison they are likely to behave like animals once released. Prisons in Norway function with the objective of rehabilitating criminals so that they can become fit to return into society. On the other hand, prisons in Pakistan work with the motto: keep them or kill them. And if this continues we will never progress as a society. The number of criminals will simply increase, the cells with get more cramped and the executioner will complain about the extra work.
The writer has a master’s in media with a distinction from the London School of Economics. She tweets @mawish_m
Published in Daily Times, October 24th 2018.