Safeguarding the Rights of Mentally Ill Defendants: The Supreme Court of Pakistan’s Landmark Judgment
On 10th February 2021, following litigation by JPP, the Supreme Court of Pakistan commuted the death sentences of Kanizan Bibi and Imdad Ali, two mentally ill prisoners, to life imprisonment and delivered a landmark judgment that reinforces the rights of mentally ill defendants in the criminal justice system. Not only has the Court established key safeguards for mentally ill defendants on death row, it has reiterated and upheld protections that must be afforded to persons with psychosocial disabilities at every stage in the criminal justice system; at the time of arrest, during investigation, trial and sentencing, in order to ensure that they are to guarantee due process. It has also barred the execution of individuals who are severely mental ill.
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