MUHAMMAD AZAM
YEARS ON DEATH ROW:19
AGE AT THE TIME OF
ARREST: 17
IMPRISONED AT:
CENTRAL JAIL, KARACHI
Abd-ur-Rehman (known as Muhammad Azam in police records) was arrested at the
age of 17 and has spent over half his life on death row.
Arrested as a juvenile, his conviction for a fatal shooting and dacoity (armed robbery)
was questionable as confessions and witness statements were extracted using
torture and fabricated evidence. Azam was tried in an Anti-Terrorism Court and
sentenced to the harshest possible punishment: death.
Frequent appeals have failed to get him justice for over 19 years.
LATEST DEVELOPMENT
22nd April, 2018: Petition filed in Sindh High
Court under Article 199 for the enforcement
of fundamental rights
CASE TIMELINE
1998
11th Oct: Incident occurs at 7:45am. FIR
registered against Moin-ud-din and
Muhammad Azam
1999
8th July: Muhammad Azam sentenced to
death under 302 PPC read with section 7
of the Anti-Terrorism Act (ATA)
26th Oct: Sindh High Court dismisses appeal
2000
1st July: Juvenile Justice System Ordinance
(JJSO) passed, prohibiting execution of
juveniles.
2001
12th Sept: Supreme Court dismisses appeal
13th December: Presidential Notification
issued granting remission to juvenile
offenders whose death sentences had
been confirmed prior to the enactment of
the JJSO
2002
18th December: Criminal Suo Motu Review
Petition dismissed by SC
2015
14th April: Mercy Petition rejected
16th April: Black warrant issued; execution
scheduled for 23rd April
27th April: Last-minute stay of execution
granted
2017
25th Sept: Petition filed before National
Commission for Human Rights (NCHR)
22nd Nov: NCHR orders stay on issuance of
Azam’s black warrant
BACKGROUND
When Abd-ur-Rehman was arrested by the police in 1998, he told them his
name was “Muhammad Azam” to hide his detention from his family.
Twenty-one years later, he is still known to prison authorities as
Muhammad Azam.
Merely a boy at the time of his conviction, Azam was booked for an
accidental death that happened during a row with his friend’s debtor. He
was charged under the Anti-Terrorism Act along with Section 302 of the
Pakistan Penal Code. This guaranteed him a harsher sentence, with very
little safeguard.
During investigation, Azam was severely tortured by the police. As a result,
he repeatedly claimed to be “Muhammad Azam” and confessed to this and
other crimes to avoid the physical abuse. His father later submitted an
affidavit stating that this was not his son’s name.
There are also allegations that fabricated evidence was submitted by a head
constable in order to get the case tried in an Anti-Terrorism Court where
the likelihood of harsher sentences is higher. Azam’s co-accused Moin-uddin claimed that he was asked to pay a bribe to the judge. Further ‘evidence’
extracted through torture was presented in court and ultimately led to
Azam’s conviction in July 1999.
Azam was 17 years old at the time. He spent the first eight months in a
juvenile facility, but was then moved to an adult facility and handed the
death penalty.
The Juvenile Justice System Ordinance (JJSO) was passed in 2000,
prohibiting the use of the death penalty for juveniles. Jail authorities and a
government doctor then lodged an appeal in 2004 to have Azam’s sentence
reduced on the basis of his age. The appeal, however, was rejected by an
Anti-Terrorism Court as his age had not been raised in the original trial and
was thus deemed irrelevant.
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