is a strong international consensus against the execution of individuals with
mental illness.
..................
68. In line with the above discussion, we note that there appear to be no set
disorders/disabilities for evaluating the severe mental illness, however a test
of severity can be a guiding factor for recognizing those mental illnesses
which qualify for an exemption. Therefore, the test envisaged herein
predicates that the offender needs to have a severe mental illness or
disability, which simply means that a medical professional would
objectively consider the illness to be most serious so that he cannot
understand or comprehend the nature and purpose behind the imposition of
such punishment. These disorders generally include schizophrenia, other
serious psychotic disorders, and dissociative disorders with schizophrenia.
64. Reference is also made to international human rights law which we have
found relevant. Rule 109 of the United Nations Standard Minimum Rules for the
Treatment of Prisoners (the Nelson Mandela Rules) lays down that:1. Persons who are found to be not criminally responsible, or who are later
diagnosed with severe mental disabilities and/or health conditions, for
whom staying in prison would mean an exacerbation of their condition, shall
not be detained in prisons, and arrangements shall be made to transfer them
to mental health facilities as soon as possible.
2. If necessary, other prisoners with mental disabilities and/or health conditions
can be observed and treated in specialized facilities under the supervision of
qualified health-care professionals.
3. The health-care service shall provide for the psychiatric treatment of all other
prisoners who are in need of such treatment.
65. Our attention has also been drawn to the Resolution 2000/65 adopted by the
United Nations Commission on Human Rights in the year 2000, whereby all the
States who still sustain death penalty were urged "not to impose the death penalty
on a person suffering from any form of mental disorder or to execute any such
person". Reference has also been made to the International Covenant on Civil and
Political Rights (ICCPR) and the Convention on Rights of Persons with Disabilities
(CRPD), both ratified by the Government of Pakistan, in support of the contention
that cruel, inhuman or degrading punishment shall not be awarded.
66. After considering the material discussed herein above, we hold that if a
condemned prisoner, due to mental illness, is found to be unable to comprehend the
rationale and reason behind his/her punishment, then carrying out the death
sentence will not meet the ends of justice. However, it is clarified that not every
mental illness shall automatically qualify for an exemption from carrying out the
death sentence. This exemption will be applicable only in that case where a
Medical Board consisting of mental health professionals, certifies after a thorough
examination and evaluation that the condemned prisoner no longer has the higher
mental functions to appreciate the rationale and reasons behind the sentence of
death awarded to him/her. To determine whether a condemned prisoner suffers from
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