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In the West, the judicial system is loath to convict anyone unless guilt is established “beyond reasonable doubt”. But, despite stringent safeguards to protect the innocent, there have been many instances of wrong convictions, even executions. The mind boggles to think of what goes on in Pakistan, where the requirements of justice are much lower

The conviction of a British man, now 41, who had been jailed at the age of 15 after being found “guilty” of the attempted murder of a nine-year-old boy, has been overturned on appeal for being unreliable. Paul Blackburn had always protested his innocence. Nevertheless, he had to spend 25 prime years of his life in jail.

Earlier this year, British Prime Minister Tony Blair issued a public apology to 11 victims of one of the country’s most notorious miscarriages of justice, 30 years after the event. Three men and one woman — the “Guilford Four” — spent 15 years in jail after police falsified confessions on the Irish Republican Army bombing of a pub in London in 1974 that killed four soldiers and a civilian.

In the United States, Northwestern University’s Law School in 1998 organised the first National Conference on Wrongful Convictions and the Death Penalty. It brought together 30 former death row inmates who had been wrongly convicted. Conference organisers had identified 73 men and two women whose death sentences had been reversed and who had been released since 1976, when the death penalty was reinstated in the US.

At the conference, one by one the 30 wrongly-convicted who were present stepped onto the stage before the audience and read similar statements about their experience. One of them was Rolando Cruz, rescued from death row in Illinois after he was twice convicted and sentenced to death for the rape and murder of a 10-year-old.

Cruz was set free after four county police officers and three prosecutors were indicted for allegedly lying and concealing evidence in the case. Another man, a convicted child killer, later confessed to the crime. Cruz now keeps a framed copy of the death warrant against him in his home as a reminder of his ordeal.

Not so lucky was Timothy Evans, who was hanged in the UK for the murder of his wife and young daughter in 1949. It was later found that the real murderer was Reg Christie, another tenant in the same house, who eventually killed six women. Evans was the first person in Britain to receive a posthumous exoneration.

Even Mao Zedong, not one to recoil from killing people, particularly “class enemies” and potential rivals for power, once advised his underlings to be very prudent in executing people, saying that people’s heads were not like branches of trees which would grow back after being lopped off. In other words, even if one recognises the death sentence as an acceptable form of punishment, it allows for no margin of error.

During the early 1990s there was a series of high-profile cases in the UK exposed as miscarriages of justice. Many resulted from police fabricating evidence, in order to convict the person they thought was guilty, or simply to convict anyone in order to get a high conviction rate. The West Midlands Serious Crime Squad became notorious for such practices, and was disbanded in 1989.

In the West, the judicial system is loath to convict anyone unless guilt is established “beyond reasonable doubt,” which makes it possible for some criminals to escape punishment for their crimes. But, despite stringent safeguards to protect the innocent, there have been many instances of wrong convictions, even executions. The mind boggles to think of what goes on in Pakistan, where the requirements of justice are much lower.

Despite this, only a few cases of illegal confinement or false convictions have been exposed in Pakistan, thanks to the efforts of the Ansar Burney Welfare Trust. In 1985, one Muzaffar Ali Shah was released from Lahore Mental Hospital after 37 years of confinement. On migration to Pakistan in 1947, Muzaffar had opened a shop. Some time later, his shop was burgled and when he went to file a report, he was arrested under the Lunacy Act. Record, or rather the lack thereof, showed that he was wrongly arrested and never produced before a court.

One Mukhtar, a former subedar-major in the British Indian Army, was arrested and convicted for attempted murder in 1952 in Kohat and sentenced to seven years, but spent the next 18 years in jail. Released in 1970, he was arrested again in Karachi, and was not released until 1987. Mukhtar, who had land and business in Kohat, said he was framed by someone on the attempt to murder charge, which led to his conviction in Kohat. The same man later followed him to Karachi and had him arrested again, without any lawful authority whatsoever.

In acquitting Mukhtar, a district bench of the Sindh High Court, observed: “There is no mention of any remand order having been issued by any court. Therefore, the detenue has been kept in detention without any lawful authority. It has also been stated that he is under trial, but no documents to that effect have been shown by the Advocate General or the Home Department”.

Then there is the case of Meher Din, who came out of jail in 1987. He was arrested by Lahore Police in 1966, when he was 20, falsely accused of murder. His two-decades incarceration began thus: “Are you Meher Din?” the Lahore Police asked. “Yes”, he replied. “Where do you live?” “In Badami Bagh”, he answered. “Is not your father’s name Imam Din?” “No, my father’s name is Yameen”. “You are not Meher Din, son of Imam Din, who has committed a murder?” “No, I am Meher Din, son of Yameen, and I have killed no one.” “Well,” said the policeman, “you come with us anyway.”

Meher Din was arrested, prosecuted and acquitted. But instead of being released, he was handed over to Karachi Police, who were also looking for the elusive murderer Meher Din, son of Imam Din. Having failed to catch him, the police put poor Meher Din, son of Yameen, in jail for the next 17 years in jail.

The above happy endings, for lack of a better word, should draw attention to the scale of lawlessness of the law-enforcing agencies in Pakistan. The few cases of illegal detention that have come to light represent merely the tip of the iceberg.

According to Amnesty International, the total number of people under sentence of death in Pakistan at the end of the year 2002 was over 5,500. At least 394 people were sentenced to death in 2004 and 15 executions were carried out. There are reportedly 350 juveniles condemned to death in Punjab jails alone.

It is time that a high-powered commission is established to look into every jail in the country, not only to identify cases of illegal detentions or false conviction, but also to improve the living conditions for all inmates. Those found guilty of deliberately detaining or prosecuting innocent persons should themselves be prosecuted. Also, one cannot over-emphasise the need to strengthen the weak judiciary and rein in the omnipotent police.

The author can be contacted at raziazmi@hotmail.com

http://www.dailytimes.com.pk/default.asp?
page=story_2-6-2005_pg3_2