MOINUDDIN AND AZAM
Juvenile Offenders tried as terrorists
According to the accused, Azam (aka Abdur Rehman) and Moinuddin went
to a house to collect an unpaid debt but the homeowner refused to pay,
resulting in a fight. Moinuddin had a pistol on his person, and in the scuffle
the owner of the house was killed. The investigating officer filed the case
under the Anti -Terrorist Act (ATA), which meant the duo would face a harsher punishment and be tried without judicial safeguards. Confessions were
extracted from the accused by severe torture, and the brutality of torture
was such that Azam admitted to be someone else in order to stop the police
from inflicting pain.
At the time of their arrest, both Azam and Moinuddin were 17 years of age.
There was an initial recognition of their adolescence as Azam, despite being
tried as an adult was kept in a juvenile facility until he was awarded the death
penalty. Despite assurances from jail officials and a government doctor that
both Azam and Moinuddin were 17 at the time of the crime, the court
refused to take it into consideration.
TIMELINE
11 OCT 1998
the murder and robbery
are committed
08 JUL 1999
Moinuddin and Azam are
convicted of murder and
sentenced to death by
Anti-Terrorism Court
28 OCT 1999
The High Court uphold
their death sentence
12 SEP 2001
The Supreme Court
confirm their death
sentence
While Moinuddin and Azam were sentenced before the introduction of the
JJSO, they were entitled to the special remission granted to all condemned
prisoners who were juveniles at the time of offence as a result of the presidential notification. The request sent to Trial Court by jail authorities to
determine Azam’s age was rejected on the basis that the plea had not been
raised earlier.
02 SEP 2004
Anti-Terrorism court
Karachi reject appeal filed
by jail authorities to have
both the prisoners’
sentenced reduced
because of their juvenility
Despite reaching a compromise with the complainant and being pardoned
by them, they remain on death row.
10 MAY 2008
Moinuddin and Azam
submitted request to ATC
Karachi to accept the
compromise between them
and complianants. Since
the ATA does not acknowledge compromises, the
application is rejected
09 APR 2015
First execution date. Stayed
a day before the hanging.
23 APR 2015
Second execution date.
Later stayed.
Present Day
Their case is currently
pending in the Supreme
Court