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Los Angeles Times
Los Angeles Times
World
Shashank Bengali

Paraplegic in Pakistan prison now set to be executed

Sept. 21--REPORTING FROM ISLAMABAD, Pakistan -- Pakistan was scheduled to hang a disabled, wheelchair-bound prisoner on Tuesday in the latest case to focus attention on the country's controversial use of capital punishment.

The nation's president had not responded to mercy pleas from the prisoner's family as of late Monday. A court in the Pakistani city of Lahore cleared the way for the execution last week after rejecting a last-ditch argument by his lawyers that hanging a paraplegic man would constitute cruel and unusual punishment.

The case has shocked human rights groups, which have accused Pakistan of carrying out "a conveyor belt of executions" since lifting a moratorium on capital punishment in December. Many of the executions have involved inmates who were abused in custody or deprived of fair trials, activists say.

The case of Abdul Basit, 43, has drawn particular scrutiny because he is paralyzed from the waist down, the result of an illness he contracted while in prison. His disability poses a grim set of logistical complications in his possible execution.

Pakistani prison rules specify that the length of the rope used in a hanging be measured according to the prisoner's height while standing -- too long and the prisoner could suffer severe injuries, too short and he could be decapitated.

Since Basit is unable to stand or walk, it is unclear how prison authorities in the city of Faisalabad plan to get him to the gallows or determine the length of rope to use, his lawyers say.

"If they violate jail rules while hanging him, it would be a case of contempt of court," said Sarah Belal, an attorney representing Basit. "We still have hope that his execution can be halted on technical grounds."

Basit, who has two sons and hails from the textile-producing city of Faisalabad, was convicted and sentenced to death in 2009 for killing a man who was an uncle of a woman with whom he was reportedly in a relationship. He has always maintained his innocence.

While in jail in August 2010, he developed a fever that became so severe that he fell into a coma for about three weeks. He was diagnosed with tubercular meningitis, which damaged his spinal cord.

Justice Project Pakistan, a human rights group whose lawyers represent death row inmates including Basit, said he was paralyzed due to negligence by jail authorities, who delayed sending him to a hospital for treatment. The group has argued that executing a paralyzed individual would violate "the fundamental right to human dignity enshrined in the constitution of Pakistan."

A senior official of the prisons department in Punjab province, which includes Faisalabad, said Pakistani law allowed for halting an execution only if the prisoner was found to be mentally retarded.

A medical report by hospital officials in Faisalabad, released by Basit's lawyers, said he had no function in his lower limbs, diminished control of his upper limbs and was unable to control his bladder or bowel movements.

"In our opinion, patients with this condition are usually permanently disabled and there is almost no chance of any recovery," wrote doctors at the city's Allied Hospital who analyzed him last month. "He is likely to remain bed-bound for his life."

His mother, Nusrat Perveen, said after meeting him last month that he had developed bed sores and was reduced to "a skeleton."

"The lower part of his body does not respond at all," she said. "He is already half dead. I do not know why they want to kill him further."

Basit's case is the latest to focus international attention on Pakistan's justice system, which has been hanging prisoners at the rate of about one a day since the country lifted a moratorium on executions in December.

Pakistan resumed the executions as part of a raft of counter-terrorism measures following a devastating militant attack on an army-run school. But human rights groups say that many of those put to death were convicted in cases unrelated to terrorism and that at least one man, Shafqat Hussain, was a child at the time of his alleged crime.

"Instead of debating the logistics of how to put a man in a wheelchair to death, the authorities in Pakistan should grant reprieve to Abdul Basit," said Sultana Noon, Pakistan researcher with Amnesty International.

About 8,000 prisoners remain on death row in Pakistan, Amnesty said.

Perveen said she had sold her house and belongings to raise money to fight Basit's case, moving into a small apartment with her five other children, Basit's wife and their sons. The family described Basit as the sole bread-winner after his father died two decades ago.

Like other relatives, Perveen maintained that Basit was innocent.

"He was trapped in this murder," she said. "I beg authorities, for God's sake, do not take away my son."

Special correspondent Sahi reported from Islamabad and Times staff writer Bengali from Mumbai, India.

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