PAKISTAN: Death sentence of a man without legal representation; execution scheduled for Wednesday morning

Dear friends,

The Asian Human Rights Commission (AHRC) has received an appeal about the impending execution of a man which is scheduled to be carried out on October 8. The ‘red warrant’ has been issued after the final appeal for commutation was rejected by the President of Pakistan. His final meeting with his daughters will be held on October 7 at Adiala Jail, Rawalpindi, the twin city of Islamabad, the capital of Pakistan. He was unable to afford a lawyer and it is believed that the case was heard in a biased manner. His wife died during the court proceeding because of blood cancer.

CASE DETAILS:

According to the information received, Mr. Zulfiqar Ali was arrested on April 14, 1998, on the charge of murder and was kept since then in the Adiala prison, Rawalpindi, Punjab province. Mr. Zulfiqar was the sole bread earner of the family and after his arrest his wife took on casual work as a house maid. The family could not hire any lawyer because of severe poverty. During the entire period of his captivity (10 years) neither the government nor the courts have provided him any assistance to him to fight his case. Subsequently he alone fought his case. Zulfiqar is a poor man who cannot speak English which is the court language so he was already at a disadvantage. His wife, who was suffering from blood cancer died in 2006 and the little money the family had were spent for her treatment. Mr. Zulfiqar has two daughters namely, Ms, Noor Fatima, age 11 years and Fiza Ali, age 10 years, after his execution the girls will be orphaned and have no one to look after them.

Mr. Asif Ali Zardari, the president of Pakistan has rejected the appeal from family of the victim to commute the death sentence in the third week of the September and a red warrant to execute him was issued on September 29. The daughters of the victim appealed to the media and human rights organizations to help them.

If Mr. Zulfiqar Ali is executed, he would be the fifth execution after the decision of the cabinet to commute death sentences in to life imprisonment. (Please refer to AHRC-STM-202-2008) and he will be executed two day before the International Day Against Death Penalty. The president has the authority under Article 245 of the constitution to commute the death sentence.

ADDITIONAL INFORMATION:

The federal cabinet decided on July 2, 2008 to commute the death sentence but due to pressure from Muslim fundamentalists and Suo Moto action from Chief Justice, Mr. Abdul Hameed Dogar, appointed by former president General Musharraf during the state of emergency. However, Mr. Asif Ali Zardari, President of Pakistan has also announced that death sentences will be commuted in his first press conference after taking the oath of president ship. The prime minister also announced on June 21, 2008, that death sentences will be commuted to life imprisonment but he has failed to issue the notification.

In Pakistan more than 7,300 persons have been on death row for many years, among them are 42 women and two children. The several prisoners facing death sentences in the Adiala prison, Rawalpindi has also appealed to Mr. Asif Zardari, after becoming president of Pakistan, to commute the death sentence. (Please see AHRC-STM-221-2008)

The former prime minister and founder of ruling party, Mr. Zulfiqar Ali Bhutto, also commuted the death sentence during his government but was nevertheless hanged by the then military rulers. The wife of the president Asif Zardari and former prime minister, Ms. Benazir Bhutto has pledged several times to abolish the death sentences.

SUGGESTED ACTION:
Please write the letter to the given below authorities demanding them to commute the death sentence to life imprisonment and cancel the red warrant of Mr. Zulfiqar Ali who is going to be executed on October 8. Please also urge the government to provide assistance to the girls of victims who facing hard ship after death of their mother.

Please be informed that the AHRC has also written to the UN Special Rapporteur on extrajudicial, arbitrary, or summary execution calling for his intervention in this case.

To support this case, please click here: SEND APPEAL LETTER