Pakistan could today (Tuesday) see the first execution of someone who has been convicted for non-terrorist offences in a civilian court – in violation of the government’s own policy.
Prime Minister Nawaz Sharif last year lifted the country’s moratorium on executions, but has repeatedly stated that this applies only to terrorism-related cases. However, unless a stay of execution is granted to Shoaib Sarwar – who was convicted of murder following a trial process which saw a number of irregularities – will be hanged on Tuesday.
Sarwar’s execution will be the first of someone who was neither convicted of terrorism offences nor convicted in a specialist terrorism court since the moratorium was lifted in December.
The superintendent of Central Jail, Rawalpindi, where Sarwar is being held, has questioned whether the execution should go ahead, citing the policy of the Interior Ministry, which states that “death sentences only in terrorism-related matters… are to be executed”.
Sarwar’s lawyers were in court on Monday, seeking a stay of the execution, but it is not yet clear whether or how the Interior Ministry is going to act.
At the time of his conviction, Sarwar claimed to have acted in self-defence, but due to bad advice from his defence counsel, a number of key witnesses who could have supported his case were never called – although newspaper reports and eyewitnesses at the scene had both corroborated his version of events.
Maya Foa, head of the death penalty team at legal charity Reprieve said: “The government’s policy on executing only terrorists is in disarray. If Shoaib is hanged tomorrow, Nawaz Sharif’s promise will not be worth the paper it is printed on. Shoaib has already suffered an unfair trial and 17 years on death row. The Interior Ministry must stay his execution today, before it is too late.”