Trials conducted by anti-terrorism courts entail expedited investigations and proceedings that must each
be completed within 7 days. Combined with the mandatory period for completion of investigation the
ATA suspends critical procedural safeguards leading to a heightened risk of torture. Section 21-H of the
ATA permits the admission of confessions made before a police officer above the rank of a District Superintendent of Police as evidence against the accused persons. This essentially provides police with a license
to torture suspects into providing incriminating confessions. Juveniles are most likely to be abused on
account of their vulnerable position.
Similarly, the prescribed period for the completion of the trial is too short to provide defendants the right
to prepare an adequate defence as provided under Article 14(3) of the International Covenant on Civil and
Political Rights. Additionally, while the JJSO prohibits the death penalty for juvenile offenders, the ATA
makes the death penalty mandatory for persons found to have committed a terrorist act resulting in one
or more deaths.76
Muhammad Amin was 17 when he was arrested in 1998 for allegedly killing a man during a botched
burglary. He was convicted for murder and given two death sentences by a Special Anti-Terrorism Court.
Amin claimed that he was subjected to severe torture to confess to the shootings. Muhammad’s age was
raised on appeal, however documentary evidence of juvenility was deemed to “be of no avail so belatedly”
and a medical assessment conducted after Muhammad had reached adulthood was relied upon instead.
The Supreme Court also upheld his conviction and sentence on 19 March 2002. In 2004 he was pardoned
for the murder conviction on behalf of the family of the victim. However, since Section 21-F of the ATA
bars the remission of any sentence unless granted by the Government, Muhammad was executed on 21
March 2015 after spending over 17 years on death row.
“Police tortured me to try and make me confess. I was hung
by my hands, beaten repeatedly with batons, punched, slapped
and kicked. They held a gun to my head and said they would
kill me if I did not confess. I was 17 years old at the time.”
Muhammad Amin
Juvenile offender executed on 31 March 2015
76
ATA, Section 7
33
DEATH ROW’S CHILDREN