PAKISTAN: Last-minute stay of execution issued for man sentenced to death aged 14 extended to 30 days

[22 March 2015] - The stay of execution of Shafqat Hussain, a condemned youth in Karachi Central Jail, has been extended by a further 30 days by the President of Pakistan. Shafqat was facing imminent execution for kidnapping for ransom. An Executive Inquiry is underway to determine, among other things Shafqat Hussain’s age at the time of the crime. At least one other issue in this inquiry is mandated by law – evaluating who is legally responsible for the torture of Shafqat when he was held and abused for nine days in police custody.

It appears that certain people would like to try Shafqat in the media, replicating precisely the violation of due process that has taken place in his case for the past 11 years. Justice Project Pakistan (JPP) is interested only in a full and fair inquiry on the issues that have been raised, rather than trial-by-media. Notably, JPP is acting pro bono publico (free of charge) for Shafqat and has no interest beyond establishing the truth and securing justice for this young man.

However, given that many of the statements made have been defamatory per se of Shafqat Hussain, in the interim, legal counsel makes this brief response:

SHAFQAT HUSSAIN IS INNOCENT OF MURDER

• It seems to have evaded the attention of some critics that Shafqat Hussain is not even on death row for the murder of a child. His death sentence was confirmed by the Sindh High Court based only on kidnapping under the Anti-Terrorism Act – even though there can be no rational argument that the crime involved terrorism.
• The other charge that was upheld involved “accidental killing” – a sentence that he long since served.
• He is anyway not guilty of the offences alleged against him, as the police investigation was tainted by torture.

SHAFQAT’S AGE

• A full and fair hearing on Shafqat’s age will establish that he was a juvenile at the time he was charged.
• The UN Committee on the Right of the Child (CRC Committee) stated in its General Comment No. 10, on children’s rights in juvenile justice, that:

 “If there is no proof of age, the child is entitled to a reliable medical or social investigation that may establish his/her age and, in the case of conflict or inclusive evidence, the child shall have the right to the rule of the benefit of doubt.”(emphasis added)

• This position is supported by Pakistan’s domestic law and procedures and elucidated by the Supreme Court by Justice Ramday in PLD 2004 SC 758:

 “Irrespective of the fact, whether the issue of the age of an accused person is or is not raised before the Court, it is the obligation of the Court to suspend all further proceedings in a trial and hold an inquiry to determine the age of the accused, if and whenever, it appears to be necessary. In order to do so, it “should always feel free”to: 

• Requisite the original record
• Summon and examine the authors and custodians of such records and documents to determine genuineness
• Summon persons who could on account of some special knowledge depose about age of concerned accused
• Take other steps which would help the Court in reaching a just conclusion about the said matter.
• Documentary proof of the age of Shafqat’s siblings prove that he was the youngest of the children, and that his next-oldest sister was 15 years old in 2004
• It is difficult to comprehend the motives behind allegations challenging the authenticity and veracity of Shafqat’s birth certificate. The certificate was provided by a local government representative in AJ&K and records the correct date of issuance. As mentioned above, a full and fair inquiry should summon and examine the authors and custodians of such records and documents to determine their genuineness.
• Disturbingly, all those who can verify Shafqat’s age are being subjected to a campaign of harassment and intimidation that is the very antithesis of fairness. Any government that believes in due process will apply harsh sanctions to those who threaten witnesses, particularly where life is at stake.
• A Medical Board should also be formed by the Sindh Government to corroborate the documentary and social history collected during the course of the inquiry. 

TORTURED CONFESSION

• Shafqat Hussain was convicted by the trial court on the basis of a confession obtained after several days of beating and intense torture by the police. The details of the torture are available from the trial court records. As is (sadly) common police practice, he was tortured with cigarettes, having his nails pulled and subjected to brutal beatings for several days whilst in illegal detention before his arrest. Any civilized person will support the government in fulfilling its obligation under the United Nations Convention Against Torture (Article 6) to “immediately make a preliminary inquiry into the facts.”
• Those who would condemn Shafqat based on this torture statement are themselves acting in direct violation of Article 15 of CAT, which provides: “Each State Party shall ensure that any statement which is established to have been made as a result of torture shall not be invoked as evidence in any proceedings…”

RESPONSE TO PICTURES

• There have been two pictures allegedly of Shafqat Hussain doing the rounds in the media.
• The picture of present-day Shafqat was taken by Federal government investigators after his execution was stayed for a second time in 2 months and an inquiry into his juvenility was initiated.
• This picture was then released to the media - this does not reflect well on the seriousness of the ongoing Federal investigation.
• JPP are in the process of verifying the authenticity of the second picture - allegedly taken at the time of Shafqat's arrest.

Certain information obtained during the ongoing Federal investigation has been leaked to the media. It is rather distressing to see the lack of seriousness exhibited by the Federal government considering that a young man's life is at risk.

Barrister Sarah Belal, director of JPP and pro bono counsel to Shafqat Hussain, said: “We request that a full and fair inquiry into the issues in this case be conducted under the Sindh government. We will be cooperating fully with any such impartial inquiry. We would hope that those with an interest in the integrity of our justice system will similarly allow the government the space and time to go through the proper procedures to ensure a comprehensive review of this case. In the meantime, we will continue to carry out our duties to our client as fully as possible.” 

 

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[18 March 2015] - A last-minute stay has been issued for a Pakistani sentenced to death aged 14 after nine days of police torture, who was due to be executed tomorrow (Thursday 19th). The excecution has been halted for 72 hours. 

Following an outcry over the case of Shafqat Hussain, a Pakistani government minister announced this evening that a stay had been issued and that they are going to conduct an inquiry into his age at the time of conviction and the torture he suffered before ‘confessing’ to the crime. The execution of juveniles and the use of torture evidence are both illegal under Pakistani law.

Interior Minister Chaudhry had in January announced that he would conduct an inquiry into Shafqat’s case, but Shafqat’s lawyers were never contacted in relation to any inquiry; had they been they could have provided extensive evidence of his age, including his birth certificate.

The Pakistani government recently announced that 40 executions have been scheduled for the next 7 days. It is not known how many of the more than 8000 currently facing execution in Pakistan were convicted as juveniles but a report released today by human rights charities Reprieve and Justice Project Pakistan suggests that it could be over 800.

Maya Foa, Director of Reprieve’s death penalty team, said: “This decision to stay the execution of a man tortured into ‘confessing’ to a crime when he was merely a child is hugely welcome. It is, however, a shame that it took an outcry and the weight of civil society to push the Minister into doing the right thing – just hours before Shafqat was due to be led to the gallows. There are likely to be hundreds more Shafqats on Pakistan’s death row but the Interior Ministry has no idea at the moment who they are. Minister Nisar must at last conduct the full and proper inquiry into Shafqat’s case that was initially promised, and stay all other impending executions while he works out how many of those people may have been tortured into ‘confessing’ to crimes when they were children.”

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More information:

• Read more about the death penalty sentencing that Shafqat Hussain had received on 12 March.

• Catch up with the previous development of Shafqat Hussain's case with the articles on his first execution date and it's subsequent suspension.

• Read about another recent case of death penalty of minors in Pakistan from February 2015.