Shoaib Sarwar – Freed after 19 years on death row

In 1996, Shoaib was 18 years old and in his first year of college. Discovering his sister was being harassed he has an argument with Qais, and Danish, the boys who were bothering her. As the argument became heated, Danish drew a gun and fired a shot, Shoaib tackled him and they struggled. Another shot was fired, killing Qais. Immediately following the event, Danish’s name was reported in the newspapers but by the time of Shoaib’s trial Danish had disappeared. His family was prominent and they wanted him cleared – pinning the blame on Shoiab. Shoaib was arrested and charged with the murder of Qais Nawaz.

At trial, Shoaib’s lawyer failed to demonstrate that Shoaib had been acting in both defence of hiself and his sister despite there being a number of newspaper reports and eye-witnesses willing to testify. Unfamiliar with the criminal justice system and unable to pay for another lawyer, Shoaib’s family had no choice but to follow the advice they were given.

Qais and Danish’s prominent families made matters worse. When Shoaib applied for bail men with guns came to their house and fired shots indicating a powerful and threatening position that they could do whatever they wanted. With inadequate legal representation, Shoaib was sentenced to death in 1998.

In 2003, Shoaib’s first death warrant was issued. It was not enacted. There has been 12 more years on death row and over 50 execution warrants issued in that period.

In 2010, lawyers representing the complainants (Qais family) filed a petition with the High Court requesting that Shoaib’s execution be carried out despite a total moratorium on executions. Litigation took years but came to court in 2014 for argument. The Government was a party to this petition, but the government’s lawyers failed to produce any of the notifications confirming the moratorium on [non-terrorism cases]. As a result of their negligence, on 17 July 2014, the court allowed the petition, and ordered the government to proceed with the execution and a date was set for 18 September 2014 despite the moratorium. Another appeal ensued and the execution was stayed in light of the moratorium.

Three months later the moratorium was lifted and the government began executions. This should have never matter in Shoiab’s case. He was never charged with terrorism, not tried in an anti-terrorism court and has no links to any terrorist organisation. And, in January 2015, judges at the High Court accepted that Shoaib had a legitimate grievance because he was being singled out for execution while the death penalty moratorium remained in place. This should have ended legal proceedings.

However, the complainants were not done. They filed a petition in the Rawalpindi Sessions Court asking that a death warrant be issued – a highly irregular application to be made by a private party. A judge then ruled that the execution should take place on 03 February 2015.

JPP worked tirelessly to resolve the case. They were able to reach a compromise with the complainant and forgive. Just eight hours before his execution, JPP was able to secure a stay of execution for Shoaib Sarwar from the President of Pakistan. Shoiab was set free after spending more than half of his life on death row.

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