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 The JJSO was later repealed by the Juvenile Justice System Act, 2018 which also prohibits the execution of minors.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