THE decision of Pakistan’s newly elected government, chaired by Prime Minister Nawaz Sharif, to reinstate the death penalty has once again sparked a debate in the country. The party had included lifting a moratorium on the capital punishment in its election manifesto as it believes that hardened criminals “should be punished.” The previous government, led by Pakistan Peoples Party (PPP), had placed a stay on the death penalty in 2008. The party was against the death penalty as its charismatic leader Zulfikar Ali Bhutto was hanged by military dictator Gen. Zia-ul-Haq.

While the PPP could not muster enough political support to abolish the death penalty through legislation, it suspended the punishment through a presidential order by President Asif Ali Zardari. As the presidential moratorium expired in June and term of President Zardari will end in September, the death penalty is all set to make a comeback. Currently, about 8000 people, who have exhausted their appeals process, are on the death row in Pakistan. The decision by new government is expected to lead to summary execution of 400 inmates. Since 2008, only one execution of a soldier tried by military court has taken place in Pakistan. The suspension of death penalty has stretched state resources and prison facilities remain inadequate to meet the growing number of prisoners.

Besides the US, China, Nigeria and Yemen, Pakistan is among the last few nations to continue practicing executions of prisoners. The government has pushed for lifting the moratorium on death penalty as it believes not executing such criminals weakens the fight against terror. In recent weeks, militant groups have attacked prison facilities to help their members break free. The reintroduction of death penalty is a symbol of government’s tough stance against terrorist activities, which have seriously affected the social and economic life in the country. Further, the government will be exempting some death row prisoners for human rights reasons by showing sympathy to “women, children and the elderly.”

However, the government’s decision has not been welcomed by human rights organizations who have expressed their reservations about the credibility of Pakistan’s judicial system. In Pakistan, the death penalty can be awarded for 27 different crimes but, recently, capital punishment has mostly been announced for terrorism cases. They also point out to flaws in the judicial system, which commutes the death penalty if the affected family forgives the convicted person in exchange for blood money. The Amnesty International has also severely condemned the move, calling it “shocking and retrograde.” Pakistan has dismissed these assertions and has no plans to roll back the government decision.

Before moving ahead with the reinstatement of capital punishment, it would have been wiser of the government to undertake comprehensive reforms in Pakistan’s legal infrastructure. Drastic measures are required to restore the credibility of Pakistan’s judicial system as it is often accused of being painfully slow, massively corrupt and highly prejudiced. A trial based on just and transparent process can help to decide all cases on pure merit, which will ultimately restore faith in the system. This would help to eliminate the risk of an innocent person being convicted of capital punishment and also effectively curb heinous crimes in the society.

• This article is exclusive to Arab News.