THE LEGAL BASIS FOR COMMUTATION
JUVENILE JUSTICE SYSTEM ORDINANCE (JJSO)
Section 12 of the Juvenile Justice System Ordinance (JJSO) 2000 prohibits
the sentencing to death of any person who was under 18 at the time of
his/her alleged offence. The JJSO was later repealed by the Juvenile Justice
System Act, 2018 which also prohibits the execution of minors.
PRESIDENTIAL NOTIFICATION
In 2001, the President of Pakistan issued Notification No. F.8/41/2001Ptns, in exercise of his powers under Article 45 of the Constitution of
Pakistan, 1973, granting remission to those juvenile offenders whose
death sentences had been confirmed prior to the enactment of the JJSO
on the basis of an inquiry into their juvenility. In fact, Azam was listed as
one of the prisoners who would benefit from this notification as he
fulfilled the criteria for retrospective implementation.
UN CONVENTION ON THE RIGHTS OF THE CHILD
The United Nations Convention on the Rights of the Child (CRC), ratified by
Pakistan in November 1990, dictates under Article 37 (a) that “neither
capital punishment nor life imprisonment without possibility of release
shall be imposed for offences committed by persons below 18 years of
age.”
ICCPR
Pakistan is also a party to the International Convention on Civil and Political
Rights (ICCPR), wherein Article 6, Paragraph 5 of the ICCPR provides
explicitly that “Sentence of death shall not be imposed for crimes committed
by persons below eighteen years of age.”
Both the JJSO and the Presidential Notification were enacted in light of
these international obligations. Therefore, Azam’s death sentence and
execution are in violation of Pakistan’s international obligations under
the CRC and the ICCPR.
FORGIVEN BY
COMPLAINANT
In Pakistan, the accuser can reach a
compromise of forgiveness or financial
settlement and a pardon may be issued
to the accused.
A compromise was reached between
Azam and Moin-ud-din and their
complainant in 2008 and a pardon was
resultantly granted. This should have
resulted in the dismissal of the case but
because their sentences were given
under the non-compoundable AntiTerrorism Act, no pardons can be
granted.
ANTI-TERRORISM ACT
(ATA)
There is no evidence that Azam was
ever involved in a terrorist group or
that he has ever committed a terrorist
act of any kind but yet he was tried in
an Anti-Terrorism Court.
He was a juvenile when he committed
a crime, confessed it under torture,
and has made peace with those
accusing him. Yet, because he was tried
under Pakistan’s broad anti-terrorism
laws, his settlement with the
complainant is meaningless and he
remains under the threat of imminent
execution.
THE GOVERNMENT OF PAKISTAN MUST ACCORD AZAM THE BENEFIT OF THE SPECIAL REMISSION ALLOWED
TO JUVENILE PRISONERS IN ACCORDANCE WITH PAKISTAN’S INTERNATIONAL OBLIGATIONS AND UNDER
THE JJSO READ ALONG WITH THE NOTIFICATION NO. F.8/41/2001
Justice Project Pakistan is a non-profit organization based in Lahore that represents the most vulnerable
Pakistani prisoners facing the harshest punishments, at home and abroad. JPP investigates, litigates,
educates, and advocates on their behalf.
In recognition of our work, in December 2016, JPP was awarded with the National Human Rights Award,
presented by the President of Pakistan.
For more information, email: communications@jpp.org.pk
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