Continued from Page 1 LHC JUDGEMENT 2005 In a landmark judgement, a two-member divisional bench of the Lahore High Court allowed the petition filed by Justice Project Pakistan and commuted Iqbal’s death sentence to life imprisonment. Authored by Hon’ble Chief Justice of LHC Muhammad Qasim Khan and Justice Asjad Javaid Ghural, the judgement relied on the Presidential Notification No. F.8/41/2001-Ptns, Article 37 (a) of UNCRC and Article 6 Paragraph 5 of ICCPR protecting juvenile offenders from the death penalty. The judgement reads: “....firstly the international legislation and secondly our domestic legislation impose a clear ban on the infliction of death penalty on an accused under the age of eighteen years, thus, the claim of the petitioner to seek benefit which otherwise, was fully available to him under the policy, having the force of law, could not have been denied….” The court also established that in cases like Iqbal where the juvenility of the offender is not in question, matters of commutation are not required to be referred to the Presidency. THE LEGAL BASIS FOR COMMUTATION JUVENILE JUSTICE SYSTEM ORDINANCE (JJSO) Section 12 of the Juvenile Justice System Ordinance (JJSO) – now repealed and replaced by Juvenile Justice System Act (JJSA) – prohibits the sentencing to death of any person who was under 18 at the time of his/her alleged offence. The JJSO came into force in 2000 – almost two years after the issuance of Iqbal’s death sentence by the trial court. 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, Iqbal was listed as one of the prisoners that would benefit from this notification as he fulfilled the criteria for retrospective force. 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: “Sentence of death shall not be imposed for crimes committed by persons below eighteen years of age.” 16th Jul: Anti-Terrorism Court, Gujranwala, dismisses application for acquittal on grounds of compromise 22nd Jul: Writ petition filed in LHC against order of the trial court 2006 13th Nov: LHC dismisses petition stating that no illegality was committed by the trial court 2007 21st Feb: SC dismisses appeal on the ground that offences under the ATA are non-compoundable 2016 16th Mar: Mercy petition rejected 26th Mar: Black warrant issued, scheduling execution for 30th March 28th Mar: Civil review petition filed in SC on basis of compromise, juvenility under JJSO and double punishment; execution stayed 2017 28th Apr: SC dismisses civil review petition 3rd Jul: National Commission for Human Rights orders interim relief for Iqbal, on a complaint filed by JPP on Iqbal’s behalf 2018 13th Feb: Writ petition filed in Lahore High Court under Article 199 for enforcement of fundamental Rights 4th May: Home dept issues order after holding inquiry into Iqbal’s claim, forwards mercy reference for commutation to Punjab Chief Minister 8th Jun: Chief Minister approves commutation of death sentence and requests President to act on it 2020 6th Feb: Lahore High Court commutes Iqbal’s death sentence to life imprisonment on the basis of juvenility 30th Jun: Iqbal released from jail after it is established that he has already served his life sentence Justice Project Pakistan is a legal action 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 its 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