capital punishment should be given to criminals it will create deterance among them, it wil lessen the crime ratio in the country

Victory for the condemned

by

Amir Zia

Three sets of people must be jubilant following Prime Minister Nawaz Sharif’s government’s decision to continue with the moratorium on the death penalty. First and foremost; all the death-row prisoners convicted for religiously and politically motivated killings, mass murders, terrorism, cold-blooded assassinations and raping and slaughtering innocent children or women. They must be singing praises for Sharif and his team for sparing their lives in one big, bold act of compassion and generosity.

The second set delighted on this development comprises all the alleged criminals and terrorists, who are currently defending cases in the lower and superior courts in any of those 27 heinous crimes for which death sentence is given under the constitution of this Islamic Republic. They can relax and breathe easy now. No harm will come to them even if they stand guilty of these offences. Let’s also include in this second set all the would-be killers, terrorists, child rapists and kidnappers. Now they can commit all their black deeds without fear of any noose around their necks.

Last but not the least in the lot of happy ones remains those ‘politically correct’, high-flying individuals who work for the European Union-funded rights and non-government organisations. They have been campaigning for the scrapping of the death penalty for long at the behest of their donors. Without taking into account Pakistan’s objective conditions or the level of its social, political and economic development – or lack of it – they have been demanding the abolishment of capital punishment by giving examples of those western or westernised nations which abandoned executions in the natural course of their historical progress and evolution.

While these three sets of people have a solid reason to wave victory signs, there is one vast group of those unfortunate Pakistanis who have another reason to feel more pessimistic, vulnerable and threatened by the way successive rulers are trying to appease condemned convicts, their foreign-funded supporters and the EU leading the anti-death campaign. The victims, their families and all the ordinary, law-abiding Pakistanis should know that justice is one thing they won’t get whether it is the rule of the PPP or the PML-N.

Yes, we know that the original sin of placing a moratorium on the death sentence was committed by the PPP when it came to power in early 2008. The PPP made no serious attempt to constitutionally ban the death sentence because of the fear of popular backlash. It settled for a presidential moratorium, thus introducing a contradiction, a dichotomy in Pakistan’s legal system. The courts continued handing down death sentences, but the executive kept sitting on them. As a result, we now have around 8,000 death-row convicts in Pakistani prisons. Only one person was hanged to death during this period – and that too on the Pakistan Army’s intervention.

However, the former PPP government at least had the veneer of an ideological position on the issue – no matter how flimsy or controversial one may call it. Being a liberal party, which witnessed its founding leader Zulfikar Ali Bhutto hanged to death under a controversial judgement, it opposed executions as a matter of policy.

But what about the centre right and pro-Shariah Sharif’s Muslim League, which had been opposing the ban on the death penalty all through the PPP’s previous five-year rule. When in opposition, the PML-N announced several times to end this moratorium once in power. But the tiger literally transformed into a pussycat after receiving just one public threat from an extremist group, which has its key members on the death row.

The group warned the PML-N government to get ready to face its wrath even if one of its members were to be executed in line with the court orders. The Sharif government immediately obliged by extending the ban till its own man entered the President House. Now we hear that the moratorium on the death sentence has been extended as the government remains mindful of its international obligations and commitments.

Should one laugh or cry? That depends on which side of the fence you are; among the first three sets celebrating the government’s retreat or the vast group of those helpless Pakistanis who remain at the receiving end – both from the criminals and terrorists as well as the government.

In meeting its so-called ‘international obligations’, the Sharif government completely ignored the repeated advice given by the superior judiciary that the hanging of convicts must resume to establish rule of law in the country.

Should we now expect the Sharif government to be bold enough and move a constitutional amendment in parliament to abolish the death sentence? This should be the logical next step, as demanded by the Human Rights Commission of Pakistan (HRCP) while welcoming the government’s decision of maintaining the moratorium on hanging.

But Sharif can’t dare to take this path because of the fear of the powerful religious lobbies and the uproar such a move will create among the general masses, which overwhelmingly demand dispensation of justice to the people involved in heinous offences. Therefore, the Sharif government seems all set to follow the PPP’s path by continuing with the contradiction in Pakistani law and practice.

This myopic policy would benefit criminals, terrorists and the so-called rights campaigners, but prove disastrous for the society. It will only embolden and encourage killers and could force many people to take the law into their own hands. It means that there will be more cases of vigilante and street justice and more and more people would turn to non-state actors for protection and quick settlement of disputes. This has already been happening not just in the tribal areas, but even in major cities like Karachi where the Taliban-like jirga and justice system is fast becoming a vogue in various neighbourhoods.

This is also an indication of the crumbling writ of the state and the weakness of the state and its institutions, which now always yield when faced with any external or internal pressure.

The opening spell of the Sharif government has indeed been disappointing – especially on those vital issues that are likely to make or break this country. Top among these is the challenge of lawlessness, terrorism and crime. In a country, where more than 50,000 people have been killed by al Qaeda and its inspired local militants and in wave after wave of sectarian and religiously-motivated violence, it is shameful that the rulers on one hand are desperate for talks with lawbreakers, terrorists and insurgents and on the other trying to appease them by undermining the law by failing to punish the guilty and the convicted.

The Sharif government seems confused, overwhelmed by the challenges at hand and is on the retreat. It is wavering under pressure at the very start of its innings on tackling the core issues including that of terrorism, lawlessness and crime which pose an existentialist threat to Pakistan’s unity and sovereignty. It is wasting time in trying to hold dialogues with militants, who are setting pre-conditions, dictating terms of engagement and almost daily giving a bloody nose to the security forces and killing ordinary Pakistanis in a string of terrorist attacks.

Yet, the government’s mantra is talks. The continuing of the moratorium on the death penalty is another step to appease these very terrorists and criminals. The price will be borne only by the ordinary Pakistanis, who don’t have any armoured personnel carriers, bullet-proof vehicles and high walls at their disposal to protect them.

Our rulers have failed us in the past. They are failing us again. Pakistanis, we must pity ourselves, for those in power continue to trample the law, the constitution and justice under their feet by favouring the convicted and the condemned. And in doing this, they are dishonouring and disgracing all the victims, their families and ordinary Pakistanis. And all this is being done after just one threat from militants… in the name of human rights, or the pressure of the European Union. This is the worst insult traumatised Pakistanis can suffer from our elected government. We should all cry in unison – shame on thee.

The writer is editor The News, Karachi.




Courtesy: To Vetdoctor

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Punjabi di kahaawat a, ''Agar kisi da muh laal howay te apna muh thappar maar maar kay laal nai kari da''
Agr europe walo ne CP khatam kar di hai aur wahan aman hai to eska mtlb ye nai k ye tarika aik Islami ryasat me bhe faida mand hoga....!
Ya to khul k Quran ko follow kar lo matlb k sazaay e Mout ko apna lo, ya sab kuch chor k westren tarz~e~zindgi apna lo.....2 kashtiyo py paon rakhnay walay samandar me gir k doab jata hai....!

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We would have to see the Motivation of the criminal behind the crime and the circumstances which led him to do it .

In fact , in one of the opinions eye for an eye will make whole world blind , and punishment for capital punishment may perpetuate the crime rate .

But , on the other side the peace in the countries like Saudia Arabia etc clears the whole situation, who are following and implementing Law without any hesitation .

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''Sufficient for us is Allah , and He is the best Disposer of affairs" Al-Quran

1. The purpose of law is reformation and not retribution.
2. Saudi Arabia is an oppressive state. It has no democracy, no constitution. A bunch of royal "thugs" have usurped power. State oppression is maximum. Shiites are persecuted in Saudi Arabia, under this law. At present U.S. is turning a blind eye, but believe me, once, they have attained their objectives, they will go all out against Saudi elite.
3. Society has to take responsibility. A criminal becomes a criminal, because society has ceased to help him.
4. Let me give an analogy. Ashraf had a persistent cough, he took cough syrups to end cough, but it persisted. He went to many doctors, each changing one cough syrup for another one. Someone gave him Hydriline, others gave triminic but in the end, his coughing did not end. Eventually a doctor recommended him for an X - ray. It was revealed that he had a Tuberculosis. T.B. once when diagnosed was treated for. As a result, Ashraf became hail and hearty.

5. From the above, it can be concluded that from ages, man has used capital punishment for crimes and employed various techniques to deter murder, rape etc. But, all methods have failed. This means that like the Doctor above, we are changing medicines without having due result. This is because, uptill now, we did not have the means to diagnose the illness effecting society. A powerful tool called sociology investigates, the social evils prevalent in a society. It tries to remedy them and provides solutions.

6. Our thinking at present is not solution oriented. Infact, it is very myopic. By killing murderers, we don't end crime, per see. We only address the symptoms and not the root causes. I don't know, if scientific method of research can unravel human genome, why can't it help in reducing crime. Durkheim conducted a study on "suicide" and he concluded various conclusions that are of help against suicidal tendencies.

7. We should address, the reasons behind creation of murderers, rapist etc. in a society. Unfortunately, religions also condone capital punishment. Take the example of story of original sin. Adam was thrown out of heaven as a punishment. Hence, religious people believe that punishment is the only course for defining behavior. Punishment of all forms should be abolished.

8. Counselling, discussion, guidance, help, research these are the things that make us human. Let us find out the reasons of our social problems, conduct empirical research and then accept a certain course of action. Conduct research on crime, find causation and produce a theory. Help, to reform rather then hang people by the noose. Through stupid measures like capital punishment, tyrants have neutralized opposition. Take the example of Zulfiqar Ali Bhutto. A great leader, with a public mandate was murdered, because this tool was used by the oppressor.

Thank you.

Death is an unusually severe punishment, no doubt but people fear nothing more than death. There is a reason capital punishment existed in the major societies in the world since times immemorial.
Going by this logic, every type of punishment should be abolished because police doesn't listen to a poor person whether he tries to register a case of murder or bike/mobile snatching. Isn't it?
No system of justice can produce results which are 100% certain all the time. Mistakes will be made in any system which relies upon human testimony for proof. The context you provided is strictly related to implementation, not the law itself. If your car punctures, would you remove the tyre or dump the car in a garage forever?

Societies have evolved, indeed, but the "core values" have remained the same. Lie, rape,murder, etc. are still considered sin and crimes. These values are associated with common good rather than individual rights.

Many religions and countries serve capital punishment for violating the concept of common good. And preferring individual on common good is certainly not a wise choice. This is the reason china serves capital punishment even on offence like corruption which is yielding positive results.

Is the life of the killer precious than the victim or his family? Put yourself in the shoes of the family members not the criminal. And worst, put yourself in the shoes of a rape victim. Can the victim regain the respect in the society or have a better future? If he chose to take/ruin a life at his own free will then why cannot victim/family have a satisfaction of seeing justice being done instead of criminal enjoying himself in a rehabilitation center on the expense of govt.

We are not living in utopia. If judicial system is not perfect, how can you assure that rehabilitation system will correct them? What is the guarantee that a criminal will be reformed after getting enrolled in moral counseling sessions, etc. How long they will take to become a civilized, law abiding citizens? And What if in the end you come to know that they are simply unfixable? It is scientifically proven that brain stops developing past a certain age. Then it is hard to shake out your morals and views. Besides, it will be extra burden on economy.

Judicial system certainly has flaws which can be removed by addressing the root causes. Deterrence is most effective when the punishment happens soon after the crime but the legal process in many countries including Pakistan distances the punishment from crime. This is the reason we are not seeing as many positive results of capital punishment as it can yield.

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Published in daily dawn, Dated 09 - 10 - 2013

“Long live death!” is how Franco’s militias sometimes celebrated their victories during the 1930s Spanish civil war. Yes, there have always been – and remain – those states that champion death over life, barbarism over reason. And what better symbol of this outmoded ideology than the death penalty? As you read this, 58 states around the globe – both developed and developing, democracies and dictatorships – continue to legally condemn their citizens to death. In 2012, twenty one of these states acted out this power to kill. Just as the highest contempt that is held for a murderer is based on their taking from their victim that which is most precious, these states violate the most fundamental and cherished right held by their subjects: the right to life.

That some individuals do not respect this right is unacceptable: States must condemn murderers and prevent criminality. But in doing so, they must not reproduce the killing, must not submit to bloodlust – as the killer did. Indeed, just and modern societies cannot be founded on death ideology: the dispensation of justice as an eye for an eye, and a tooth for a tooth.

This point is crucial. It lies at the core of abolitionist arguments, which are philosophical as well as legal. Our societies must look up and distance themselves from the bitter cruelty of vengeance. An eye for an eye, as the old saying goes, makes the whole world go blind – and this, at a time when justice demands sight. What message does a state send its people when its judges sanction by killing, when prisons become places to die, when those who can don’t grant clemency? What more violence, what clearer sign of weakness is there, than an authority compelled to kill its own subjects?

Indeed, the act of execution is always violent and inhumane. Hanged in Japan and Iran, death-sentence prisoners in the United States and China are lethally injected. Far from being a mere clinical act, this latter modus operandi can often lead to a cruel and painful death. In fact, the United Nations Special Rapporteur on Torture has included executions in his mandate.

And alongside these compelling points lies the fact that death sentencing is overwhelmingly unfair and ineffective. No justice system on the globe is spared the possibility of judicial error or iniquitous trials, and not all death-sentence prisoners can afford a proper defence. Moreover, there is no evidence to support that the death penalty reduces the number of murders or violent acts perpetrated in a given society.

But let us take it for granted that a murderer acknowledges his or her crime; let us assume that official investigations prove their guilt beyond all possible doubt: is death really their “just deserts”? We would suggest that the answer can only be no. Our societies already have, and must show, a creative capacity to develop penal sanctions beyond execution. In 1981, when France abolished the death penalty, over 150 countries maintained such sentencing and carried it out. Today, only 21 such states remain. In the past five years, Uzbekistan, Argentina, Burundi, Togo, Gabon and Latvia have rid themselves of capital punishment. Civil society mobilisation is bearing fruit. Abolition will soon be universal.

Florence Bellivier is President of the World Coalition Against Death Penalty; Karim Lahidji is FIDH President; and Robert Badinter is former French Justice Minister

It is law of nature that good deeds begets good and other wise. Human being is created with purpose he is not left being swayed away by his own. There is a impetus greater than us and is controlling our lives. Weather we accept it or not we are bound to this law. One argument was that now is the age of scientific facts, but let me remind that science is the part of religion both go hand in hand because more we know more it takes us to God. flaw is not with the capital punishment explained by God but flaw is with us albeit Pakistanis. We diverted from our origin to adopt western norms but we became no more than that rolling stone who gathers no mass. Instead of bringing reforms in our judicial system began to criticize the robust law. why don't we epitomize Saudi Arabia where due to its full implication crime rate is at it lowest ebb.
Instead of criticizing this punishment in wake of western imitation we have to correct ourselves. And in this case eradication needs from top to bottom i-e bureaucracy, politicians, and judiciary.

@ we have two options either to remain stupid or be smart.

Stupid approach : Kill everything, you can't reform.
Smart approach : Reform everything for the better.

Stupid Approach : Religion tells us to kill people, who kill.
Smart Approach : The needs of times keep on changing, different tools are available in a changing world, let us utilize them and prevent human suffering.

Stupid Approach : Saudi Arabia kills people, and has good law and order.
Smart Approach : Saudi law is based upon oppression, victimization of enemies is common. Also, Saudi arabia, has worst human rights record. The world is turning a blind eye, because US has placed it as a strategic pivot. It does not want to "go"after Saudi, as it's one of the most reliable oil producing country. Of all the countries, it has the greatest clout.

It's upto you, to follow the smart approach or the stupid approach. Donkeys are beaten and punished. Humans are reformed.

Although this discussion is turning into debate but still going to add few things

1. in a country where more than 25 million children are out of school, imposing moratorium on something in pursuit of rehabilitating each and every criminal is way too lofty to afford

2. crime is always reported by the victim not the culprit this everyone knows and once victims come to know that the criminal would rather be appeased than be punished the culture of reporting crime would peter out and lynch law will pace up. why would an affected be satisfied by mere rehabilitation of criminal

3. considering a state to be prosperous or not on the basis of US wrath or not is lunatic. US is no reference itself it is full of prejudices they have not come out of black and white discrimination as evident in recent bail out of murderer of a black teenager, let alone the issue of foreign detainees in guantanamo bay. why are they carrying out drones over here are the militants not worth rehabilitating afterall they are suffering from a condition called "stereotypicality". U.S dont attack a country for social service its the energy security which guide their foreign policy

4. suppose Mr.X is suffering from a contagious disease causing people around him to suffer but doctor instead of isolating him (for common good) sympathize with patient and let him move around in society (for individual good) saying its not the patient who cause this disease man its actually the virus inside him which is causing it. this would be a criminal negligence on part of doctor.

5.people who say that crime is because of deprivations or lack of resources forget that in country where there are still so many red areas in a country where there are people ready to sell off their bodies for few hundreds(third gender) Why are then children raped maybe i have one answer
because of Appeasing Attitude towards criminal

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