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WEEKLY NEWSLETTER
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Pakistan
Index
Pakistan has an extensive penal code of some 511
articles,
based on the Indian Penal Code of 1860, extensively
amended
during both the preindependence and the postindependence
eras,
and an equally extensive Code of Criminal Procedure.
Numerous
other laws relating to criminal behavior have also been
enacted.
Much of Pakistan's code deals with crimes against persons
and
properties--including the crime of dacoity (robbery
by
armed gangs) and the misappropriation of property.
Pakistani courts can, and do impose the death sentence,
as
well as imprisonment, forfeiture of property, and fines.
Imprisonment is either "rigorous"--the equivalent of hard
labor
for up to fourteen years--or "simple"--confinement without
hard
labor. Another form is "banishment," which involves
serving in a
maximum security prison for periods of seven years to
life. In
February 1979, Zia ul-Haq issued new laws that punished
rape,
adultery, and the "carnal knowledge of a virgin" by
stoning;
first time theft by amputation of the right hand; and
consumption
of alcohol by eighty lashes. Stoning and amputation, it
should be
noted, had not been carried out as of early 1994--at least
not
outside of the tribal area where tribal custom, rather
than the
Pakistani penal code, is the law of the land.
Article 45 of the constitution bestows on the president
the
right to grant a pardon or to remit, suspend, or commute
any
sentence passed by any court. There are also legal
provisions for
parole.
In principle, articles 9 through 13 of the constitution
and
provisions of the codes guarantee most of the same
protections
that are found in British and United States law. These
rights
include, for example, the right to bail and to counsel,
the right
of habeas corpus, the right of cross-examination, the
right of
representation, the right of being informed of charges,
the right
of appeal, and the right of the prevention of double
jeopardy.
The code contains copious provisions for punishment of
crimes
against the state or against public tranquillity. These
crimes
extend to conspiracy against the government, incitement of
hatred, contempt or disaffection toward a lawfully
constituted
authority, unlawful assembly, and public disturbances.
Punishments range from terms of imprisonment to life in
prison or
death.
In most instances, a person apprehended appears before
a
magistrate or assistant commissioner, who decides on bail;
the
magistrate may also try less serious cases. Serious cases
are
tried before the sessions courts, which can award
punishments up
to death. The provincial high court hears appeals and
automatically reviews any conviction involving the death
penalty.
The highest level of appeal for criminal cases is the
federal
Supreme Court. ))
Under the Suppression of Terrorist Activities (Special
Courts) Act of 1975, the government established special
courts to
try cases involving crimes of a "terrorist" nature (for
example,
murder and sabotage). In 1987 another ordinance was passed
establishing Speedy Trial Courts, which were empowered to
hand
down a death penalty after a three-day trial in which
almost no
adjournments were permitted. The jurisdictional authority
of both
kinds of courts was amended in 1988, but they have
continued to
operate. In 1991 the Speedy Trial Courts were given new
jurisdictional authority to try particularly heinous
crimes under
the constitution's Twelfth Amendment. These courts handle
cases
that attract widespread public attention, especially those
dealing with murder and drug offenses and in which the
government
believes that justice must be meted out rapidly. Only one
appeal
is permitted. In 1990 special "accountability" courts were
set up
to try individuals from Benazir's first administration who
were
charged with corruption. In late 1993, Benazir announced
that her
government would stop referring new cases to the special
courts
and would allow the constitutional authority for these
courts to
lapse in 1994.
The court system and the provisions of criminal law do
not
extend into the tribal areas along the Afghan border.
These areas
are administrated by political agents who work with tribal
leaders to maintain law and order according to tribal
standards.
Data as of April 1994
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