KHIZAR HAYAT (late) YEARS ON DEATH ROW: 16 MENTAL ILLNESS: PARANOID SCHIZOPHRENIA IMPRISONED AT: JAIL HOSPITAL, KOT LAKHPAT, LAHORE Khizar Hayat, a mentally ill death row prisoner, passed away on March 22, 2019, at Jinnah Hospital Lahore after being critically ill. He had spent 16 years on death row. Khizar was sentenced to death in 2003 for fatally shooting a fellow police officer and was first diagnosed with “treatment-resistant” paranoid schizophrenia by jail authorities in 2008. His mental health record consistently referred to his delusions, psychosis, and his mental illness, and showed that he had been prescribed powerful anti-psychotic medication. In January 2019, after Khizar’s fourth death warrant was suspended by the Supreme Court, his case was referred to a larger bench of the Supreme Court. But he passed away before his case could be heard in the SC. BACKGROUND Khizar Hayat in his police uniform, shortly before his arrest in 2001 CASE TIMELINE 2001 23rd Oct: Khizar Hayat arrested for fatally shooting his fellow police officer and best friend Ghulam Ghous 2003 2nd Apr: Khizar sentenced to death by the District and Sessions Court, Lahore under S.302 of the Pakistan Penal Code 2008 29th Oct: Khizar diagnosed with schizophrenia by Medical Officer of Central Jail, Lahore and physicians at Services Hospital, Lahore 2009 19th Jan: Lahore High Court dismisses his appeal 2011 5th Jan: Supreme Court dismisses his subsequent appeal upholding his death sentence Khizar worked as a police officer in a village where he lived with his wife and children. Those who knew him described him as a kind man, but “very slow” and easily manipulated. In the months leading up to the incident, Khizar had fallen under the influence of a local ‘pir’ — a spiritual healer who fraudulently convinced Khizar to sign over his lands and property to him. Under his influence, Khizar was eventually implicated for fatally shooting his friend and fellow police officer, Ghulam Ghous. Khizar pleaded not guilty during his trial, but his lawyer failed to introduce any evidence or call a single witness in his client’s defence. Khizar was eventually sentenced to death in 2003. Despite documentary evidence of Khizar’s mental illness, the courts repeatedly dismissed his appeals. RECENT CASE UPDATES In December 2018, the Lahore High Court dismissed a petition seeking Khizar’s transfer to a mental health facility, stating that “emotional disorders of like nature were not viewed as factors sufficient enough to impede execution”, making way for another execution warrant. The National Commission for Human Rights (NCHR) then ordered the relevant authorities to refrain from issuing Khizar’s black warrant until the matter was decided by the Supreme Court. However, jail authorities issued his execution warrant on January 10, 2019, in clear violation of NCHR’s orders. 10 Jun: Khizar’s first black warrant issued by Sessions Court in Lahore, setting 16th June as his execution date Public outrage and timely intervention by the Supreme Court saved Khizar’s life. His execution was stayed and his case was referred to a larger bench of the SC, currently hearing the precedent-setting case of two other mentally ill death row prisoners Imdad Ali and Kanizan Bibi. 13th Jun: Khizar’s mother submits a mercy petition to the president for his sentence to be commuted in light of his mental condition Unfortunately, Khizar fell critically ill before his case could proceed in the Supreme Court. He was shifted to Jinnah Hospital, Lahore, on March 15, 2019, in critical condition, and passed away in the early hours of March 22. 2015 th Continued on Page 2