in the absence of such documents before the start of legal proceedings. As a result, children are kept in prison
with adults until a plea of juvenility is raised at the trial stage. Juvenile offenders are subjected to heinous torture
by police who coerce them into providing damning confessions that eventually form the basis of convictions and
death sentences. A study by Justice Project Pakistan in collaboration with Yale Law School, Allard K Lowenstein
International Human Rights Clinic discovered 58 cases of torture of juveniles out of a sample of 1,867 Medico-Legal Certificates (MLCs).28
Pakistan has also failed to provide children with legal assistance when they come in contact with the law despite
it being right guaranteed under the JJSO. Panels of lawyers constituted by the provincial governments to fulfil
the right remain ineffective due to a lack of budgetary allocation resulting in negligible remuneration.29 Based on
UNICEF estimates, almost 89 percent of children charged with bailable offences are in prison primarily because
of their inability to afford a lawyer.30 Lack of legal aid also means that juveniles are also less likely to raise juvenility pleas during investigation and trial, and therefore, fall outside the ambit of the JJSO. As discussed in this
report, courts are extremely unlikely to admit pleas of juvenility raised during appeals or post-conviction reviews.
This results in countless juvenile offenders being sentenced to death and executed.
Despite the JJSO’s explicit obligation to establish separate juvenile courts in all provinces, not a single juvenile
court exists in the country.31 The Government attempts to get around this obligation by notifying regular District
and Sessions Judges, Additional District and Sessions Judges, Senior Civil Judges and Judicial Magistrates as
special juvenile courts. Therefore, regular judges are empowered to act as juvenile judges alongside discharging
their regular duties. However, judges notified as “Juvenile Judges” are hardly ever provided with additionally
training to sensitize them on how to deal with juvenile offender in a manner consistent with human rights
standards. Additionally, the designated courts do not abide by most safeguards provided under the JJSO – courts
remain open to the public and cases for juveniles are heard alongside those for adults.32 Furthermore, juvenile
judges are often overburdened resulting in a slow judicial processes which lead to juveniles being detained for
even longer than adults.
In spite of the provisions of the JJSO, no specialised detention facilities or borstal institutions have been established in Khyber-Pakhtunkhwa and Balochistan. Punjab, the country’s most densely populated province, has only
two borstal institutions whereas Sindh currently has four.33 Borstal institutions in both Punjab and Sindh operate
in sub -par conditions and are run by prison administration of the two provinces who are untrained to handle
juveniles in detention.
"There is a huge gap between the text of JJSO and the way
it is practiced because judges and police are not trained on
it in their academies. Like any tool, it is useless if no one
knows how to use it"
- Valerie Khan
28
Justice Project Pakistan & Allard K. Lowenstein International Human Rights Clinic, Abuse of Juveniles By The Faisalabad Police, 2-3, (June 2014) Available at
https://www.law.yale.edu/system/files/documents/pdf/JPP_Abuse_of_Juveniles_Follow_Up_Report_053014.pdf
29
Society of the Protection of the Rights of Children (SPARC), Juvenile Justice http://www.sparcpk.org/2015/sopc2014/JJ_Final.pdf
30
Pakistan: Child Advocacy Groups Press for Reform of Justice System. IRIN News. Web. 2014.
http://www.irinnews.orgwww.irinnews.org/report/26010/pakistan-child-advocacy-groups-press-for-reform-ofjustice-system
31
Supra note 26
32
Interview with IftikharMubarik, Plan International. Date: 25.11.2016
33
International Crisis Group, Reforming Pakistan’s Prison System, 18, (October 2011)
34
Supra note 29
17
DEATH ROW’S CHILDREN