Pakistan’s announcement that it has lifted the moratorium on the death penalty in response to the Dec. 16 attack on the Army Public School and College in Peshawar continues to draw severe criticism from human rights groups, which say that this contravenes international treaties signed by Pakistan.

“We are extremely concerned over the death penalty for Shafqat Hussain, who is likely to be among those facing execution by hanging,” Clive Stafford Smith, director of the UK-based rights group Reprieve, told IPS in an email interview.

Shafqat Hussain, then 14, was working as a watchman in Karachi when seven-year-old Umair Shah went missing from the neighbourhood in April 2004. A few days later, Umair’s family received calls from Hussain’s mobile phone demanding a ransom of Rs500, 000 (7,800 dollars) for the boy’s release, according to Hussain’s lawyers.“We are extremely concerned over the death penalty for Shafqat Hussain [convicted while still only 15 ], who is likely to be among those facing execution by hanging” – Clive Stafford Smith, director of Reprieve

Police arrested Hussain, who admitted to kidnapping and killing Umair, whose body had been recovered from a nearby stream.

Stafford Smith said that Hussain later withdrew his confession because it had been made under duress, but an anti-terrorism court sentenced him to death although Hussain was only 15 at the time. He called for suspension of Hussain’s death penalty in view of the fact that Pakistan is a signatory to the Convention on the Rights of Child, which prohibits the death penalty for children.

Amnesty International echoed similar concerns over Pakistan’s decision to resume the death penalty in response to the attack on the Army Public School and College which killed 148 – mostly children – and said that Hussain should have been tried in a juvenile court and not been given the death penalty, which cannot be imposed on minors in Pakistan.

Chiara Sangiorgio of Amnesty International said that Hussain’s case was not isolated because there were at least seven other death row prisoners who claimed to be under 18 when they committed their offences. Two had been convicted by anti-terrorism courts.

“The majority of people in Pakistan do not have a birth certificate, so it becomes very difficult for them to prove that they are juvenile … unless they have a good lawyer,” she said.

In a statement, Human Rights Watch pointed out that Hussain’s family had sent an appeal to the president to commute his sentence to life imprisonment, but to no avail. It deplored the fact that Hussain is now set to be executed after the lifting of moratorium.

On Dec. 24, the European Union (EU) also criticised the lifting of the moratorium on the death penalty and called for its immediate reinstatement.

“We believe that the death penalty is not an effective tool in the fight against terrorism,” said EU envoy to Pakistan Lars-Gunnar Wigemark in a statement. “The EU remains opposed to the death penalty in all circumstances and expresses hope that the moratorium will be re-established at the earliest.”

The government has already executed six convicted militants in Punjab province – on Dec. 19 and 21 – including those involved in attacks on former President General Pervez Musharraf in December 2003 and the Pakistan Army’s General Headquarters in October 2009, as part of its announced policy to speed up execution of death row inmates.

On Dec. 21, Pakistan’s Interior Minister Chaudry Nisar Ali Khan announced that the government plans to execute about 500 prisoners on death row in the coming weeks as revenge for the death of schoolchildren in the Peshawar attack.

“Terrorists deserve no mercy as they are killing our people, soldiers and schoolchildren,” Pakistan Prime Minister Nawaz Sharif told a meeting of all political parties in Islamabad on Dec. 24. Come what may, we will go ahead with our plans of hanging the condemned prisoners, Sharif told the meeting.

Reprieve, which spearheads the anti-death penalty campaign, notes that Pakistan has also signed the International Covenant on Civil and Political Rights which prohibits execution and therefore Pakistan must reinstate the moratorium in fulfilment of its international commitment.

“Killing a man who was arrested as a juvenile and tortured into a ‘confession’ will not bring justice and will merely add to the tragedy of the Peshawar school attack,” Clive said.

Meanwhile, Sarah Belal of Justice Project Pakistan quoted Hussain’s older brother Gul Zaman as telling reporters outside  Karachi prison: “The authorities applying the death penalty to terrorists, no problem for me, but they’re going down the wrong road executing ordinary criminals.”

(Edited by Phil Harris)

Funeral ceremony being held for victims of the Dec. 16 attack on the Army Public School and College in Peshawar. Credit: Ashfaq Yusufzai/IPS

By Ashfaq Yusufzai
PESHAWAR, Pakistan, Dec 21 2014 (IPS)

As Pakistan lifts its moratorium on executions in response to this week’s attack on a school in  Peshawar, human rights groups say that resuming the death penalty will not combat terrorism in Pakistan.

Prime Minister Nawaz Sharif announced that Pakistan had reinstated the death penalty the day after an attack on the Army Public School and College here that killed 150 people – mostly children – on Dec. 16.

A resolution unanimously adopted by an All Parties Conference in Peshawar on Dec. 17 said that with Pakistan facing increasing terrorism, it cannot afford to show any mercy to those involved in acts of militancy and killing of innocent people.“This [reinstatement of the death penalty] is a cynical reaction from the government. It masks a failure to deal with the core issue highlighted by the Peshawar attack, namely the lack of effective protection for civilians in north-west Pakistan“ – David Griffiths, Amnesty International

“I announce the lifting of the moratorium on the death penalty today … The nation is fully behind us,” Prime Minister Nawaz Sharif told the conference categorically.

Since then, four people have been hanged in Punjab province for their involvement in attacks on former President General Pervez Musharraf in December 2003 and the Pakistan Army’s General Headquarters in October 2009, but Amnesty International says that the resumption of executions after they were stopped in 2008 will not break the vicious cycle of terrorism.

“This is a cynical reaction from the government. It masks a failure to deal with the core issue highlighted by the Peshawar attack, namely the lack of effective protection for civilians in north-west Pakistan,“ Amnesty International’s Deputy Director for Asia-Pacific David Griffiths said in a statement.

The death penalty violates the right to life and we are deeply concerned at the multiple violations of international law the authorities are about to commit by going ahead with their execution plan, he added.

Amnesty International also says that many death sentences are handed down in Pakistan after trials that do not meet international fair trial standards.

The government, which is under tremendous pressure to deal with terrorism, claims that it had no choice but to reinstate executions, and religious groups and political parties have welcomed the hanging of terrorists, saying that it is fulfilment of the country’s law.

Activists of the Pakistan People’s Party light candles to pay homage to the victims of the Dec. 16 Taliban attack on the Army Public School and College in Peshawar. Credit: Ashfaq Yusufzai/IPS

Former president Gen. Pervez Musharraf said that the hanging of two terrorists on Dec. 19 was a victory for the law. “The government has finally done justice with the terrorists,” he told IPS, adding that all Taliban militants should be given same punishment because they deserve to be brought to justice. “The hanging of terrorists has fulfilled the requirement of the law of the land,” said Musharraf.

Sunni Chief Tehreek Sarwat Ijaz Qadri welcomed the hanging of terrorists and said that ultimately law had taken its course and this would go a long way towards establishing peace in the country. “It is a first step towards peace and the people have taken a sigh of relief,” he told IPS.

Jamaat-i-Islami Secretary-General Liaquat Baloch said murderers, terrorists and enemies of humanity do not deserve any concession and the law of the land calls for the execution of their death sentence after completion of trial and other legal formalities. Implementation of the death sentence will create a sense of respect and sanctity of law in society, he added.

Mian Iftikhar Husain, leader of the Awami National Party (ANP) also welcomed the hanging of terrorists and termed it a victory of the people. “The government should hang all terrorists without a distinction of bad and good Taliban,” he said, adding that the ANP believes in non-violence and is staunchly opposed to terrorism.

Muttahida Quami Movement (MQM) leader Farooq Sattar said that terrorists deserve no mercy because they are killers of humanity. “The people welcome their hanging as these terrorists are responsible for creating lawlessness,” he said, pointing out that the MQM has always been at the forefront in condemning terrorists and will support any move aimed at eliminating terrorism.

Pakistan has 8000 condemned prisoners who have been awaiting the death penalty since 2008. Seventeen of them, mostly terrorists, will be executed in the next seven days.

Three convicted terrorists from the extremist group Lashkar-i-Jhangvi (LeJ) were handed down death sentences in 2004 and the executions were scheduled for Aug. 20, 21 and 22, 2013, but were deferred at the last moment.

Attaullah Khan was given the death sentence in six cases by an anti-terrorism court in Karachi on Jul. 6, 2004, while Mohammad Azam received the death sentence in four cases from the same court on Aug. 21. Another militant, Jalal Shah, was given the death sentence for related offences.

However, the executions were not carried out due to fear of the Taliban who had warned the government that there would be severe repercussions if it went ahead with execution of its men.

Meanwhile, Griffiths of Amnesty International warned that “the sheer number of people whose lives are at risk and the current atmosphere in Pakistan makes the situation even more alarming. The government must immediately halt any plans to carry out further executions and reinstate a moratorium on the death penalty.”

(Edited by Phil Harris)