Imdad Ali is 50-year-old former electrician from Vehari, who has been in prison for nearly 16 years. Sentenced to death in 2001 over a shooting, Imdad has spent 14 years on death row.
His mental condition was raised by his wife at his original proceedings but the prosecution alleged that Imdad’s ability to answer questions made him rational enough to stand trial.
He has been diagnosed with paranoid schizophrenia, and jail authorities and multiple psychiatrists have said his case is severe. A 2013 medical report stated him to be “insane.” Recent medical reports in September and October find him to be suffering from psychotic symptoms actively and a psychiatrist at the prison has deemed him a “treatment-resistant case.”
His behavior and outbursts have often made him a target from other prisoners. To prevent being attacked in the future, he has been in solitary confinement for the last three years.
The Supreme Court ruled that “schizophrenia is not a mental illness” and that it was a curable disease that varied according to levels of “stress.” His final appeal was dismissed in September, leading to a third death warrant next month.
This led to much public outrage, with protests from several members of the medical community, lawyers and journalists about the flawed understanding of the debilitating disease. Not only would hanging Imdad serve no criminal justice aim (since he has no conception of crime and punishment) but it would also constitute a gross violation of Pakistan’s international legal commitments, many of which come under review as early as next year.
Review petitions against the judgment were filed by Imdad’s lawyers and the offices of the Advocate General and the Prosecutor General of Punjab. In an unprecedented move, the Supreme Court admitted the review for hearing and ordered the formation of a medical board to assess Imdad’s mental status.
The AG Punjab has been appearing himself in the Supreme Court at the review hearings, and has stated that “the state had failed to uphold the rights of mentally ill prisoner, Imdad Ali.”
The Supreme Court has said in proceedings that if found that he is indeed mentally ill, it would be “inappropriate” to hang him.
The medical board will submit its report to the Supreme Court and a subsequent hearing will be scheduled.
Supreme Court Review Order Dated 18-11-2016
Supreme Court Review Order Dated 14-11-2016
Supreme Court Review Order Dated 31-10-2016
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