Supreme Court of Pakistan urged federal and provincial governments to reassess policies and amend laws to minimize the detention period for death row prisoners in line with international standards. This move aims to address the prolonged and often inhumane conditions faced by inmates held in death cells.
In a comprehensive nine-page judgment penned by Justice Jamal Khan Mandokhail, the court underscored the harsh realities of death row inmates who frequently endure detention periods spanning years or even decades. These extended detention periods are primarily due to delays in the judicial process and the subsequent execution of death sentences.
The ruling was delivered during the hearing of a criminal review petition filed by Ghulam Shabbir, a convict who has spent 34 years in prison, including 24 years in a death cell. The Supreme Court partially approved the review petition, converting Ghulam Shabbir’s death sentence to life imprisonment. The court cited the excessive detention period as a crucial factor, asserting that such delays should not result in double punishment for the same crime.
Justice Mandokhail emphasized that the drawn-out detention period associated with executing death sentences constitutes an unfair punishment, contravening both Pakistani law and Islamic principles. The court also referenced the United Nations’ Nelson Mandela Rules, which stipulate that imprisonment conditions should not serve as an additional form of punishment.
Furthermore, the judgment called upon the government to modernize outdated prison laws to minimize the detention period and ensure that they are enforced in a manner that upholds the fundamental rights of all prisoners, especially those on death row. As a result of this landmark ruling, convicted individual Ghulam Shabbir will finally be released from prison after enduring 34 years of imprisonment, having completed his life sentence.
