Journal of Law, Policy and Globalization www.iiste.org ISSN 2224-3240 (Paper) ISSN 2224-3259 (Online) DOI: 10.7176/JLPG Vol.81, 2019 42 Excessive Use of Death Penalty as Stoppage Tool for Terrorism: Wrongful Death Executions in Pakistan Sughra Bibi 1 Qian Hongdao 2 Najeeb Ullah 3 Muhammad Bilawal Khaskheli 1 Hafiz Abdul Rehman Saleem 1 1.PhD Candidates at Guanghua Law School, Zhejiang University, 51 Zhijiang Road, Hangzhou, Zhejiang Province, 310008, China 2.Professor of Law at Guanghua Law School, Zhejiang University, 51 Zhijiang Road, Hangzhou, Zhejiang Province, 310008, China 3.Criminal Lawyer at Peshawar High Court, In Pakistan Abstract Wrongful death executions regardless of how infrequent, are a reminder of the fallibility of the justice system and a stain on its well-deserved reputation. The purpose of present study is to highlight the black evil of wrongful death executions in Pakistan while encountering terrorism. The data has been collected from World Justice Project, Pakistan Justice Project, newspapers and human rights reports. After an in-depth analysis of the literature and statistical data, our main findings reveals that incompetent investigation, judicial system, inadequate resources, outdated laws, institutional corruption and unclearly defined Anti-Terrorism Act 1997 lead to high level of wrongful executions under the cover of terrorism in Pakistan. In addition, it transformational reforms are highly recommended in investigation agencies and judiciary at all level for the delivery of justice. Keywords: wrongful convictions; death executions; terrorism; criminal justice system DOI: 10.7176/JLPG/81-05 1. Introduction Wrongful Convictions and especially wrongful death executions do not only destroy the individuals and their loved ones; it weakens the integrity of the legal system and also public well-being. 1 In recent years, the Pakistani government has carried out massive executions as a result of an increase in terrorist activity in the country. After a terrorist attack on an army public school that killed more than 130 children on 16 December 2014, 2 the government lifted the informal moratorium on executions that had been in force since 2008. 3 Although in the first instance, the executions would be limited to those who had been convicted of terrorism-related offenses, detainees were convicted for violations of the common law system were also quickly sent to the gallows. 4 By the end of 2015, Pakistan had executed 332 people in the first year that the executions were resumed. 5 In only one year after the moratorium was lifted, executive orders for the mentally ill, physically disabled and juvenile offenders were issued. Since then, more and more cases of unlawful executions have come to light. 6 In addition, the WJP report indicates that a total of 465 prisoners were executed until May 2017. Among those prisoners are a number of juvenile offenders. 7 Pakistan is ranked as the fifth productive executioner in the world. 8 Given the number of convicted prisoners and the speed of executions, the structural shortcomings of Pakistan's criminal justice system pose a significant risk of wrong capital infractions and executions. 9 As recently concluded in a report: "The criminal justice system of Pakistan is not able to judge capital cases in a just manner". The trends in the death row are a serious tragedy because many innocent people have been hanged, for example Ghulam Qadir, 10 Ghulam Sarwar, 11 Aftab Bahadur 12 and Shafqat Hussain. 1 These cases expose the consequences of Pakistan's poor 1 Justice Project Pakistan & Yale Law School, A “Most Serious Crime”: Pakistan’s Unlawful Use of the Death Penalty, p. 2, www.law.yale.edu/system/files/area/center/schell/2016_09_23_pub_dp_report.pdf, Sep. 2016. 2 Lowenstein, A.K., A “MOST SERIOUS CRIME”: PAKISTAN'S UNLAWFUL USE OF THE DEATH PENALTY. 2016. 3 BBC News, Pakistan ends death penalty suspension after seven years, www.bbc.com/news/world-asia-31812177, Mar. 10, 2015. 4 Rohde, S., Choosing Life: Reflections on the Movement to End Capital Punishment. Sw. L. Rev., 2016. 46: p. 219. 5 Johnson, D.T. and F.E. Zimring, The next frontier: National development, political change, and the death penalty in Asia. 2009: Oxford University Press. 6 Bencomo, C., The last holdouts: ending the juvenile death penalty in Iran, Saudi Arabia, Sudan, Pakistan, and Yemen. 2008: Human Rights Watch. 7 Shah, N.A., The Right to a Fair Trial and the Military Justice System in Pakistan. Journal of International Humanitarian Legal Studies, 2016. 7(2): p. 330-362. 8 https://www.dawn.com/news/1436367 last accessed date, 20.11.2018. 9 Hood, R. and C. Hoyle, The death penalty: A worldwide perspective. 2015: OUP Oxford. 10 Richard A. Leo, False Confessions: Causes, Consequences and Implications, pp. 332–343, 37(3) Journal of the American Academy of Psychiatry and the Law, Sep. 2009. Justice Project Pakistan & Allard K. Lowenstein Intl. Human Rights Clinic, Policing as Torture: A Report on Systematic Brutality and Torture by the Police in Faisalabad, Pakistan, pp. 23–27, 11 ibid 12 Justice Project Pakistan, Aftab Bahadur: Internal Case Investigation Memo, Jun. 27, 2012.