Is it morally correct to hang a person who committed crime while minor(14)?



  • http://www.dawn.com/news/1169098/atc-issues-black-warrant-for-shafqat-hussain-to-be-executed-on-march-19

    ATC issues black warrant for Shafqat Hussain, to be executed on March 19

    SHAFI BALOCH — UPDATED about 3 hours ago

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    Shafqat Hussain was said to be 14 years old at the time of his conviction. - via Justice Project Pakistan

    Shafqat Hussain was said to be 14 years old at the time of his conviction. - via Justice Project Pakistan

    KARACHI: An anti-terrorism court (ATC) on Thursday issued a death warrant for the execution of a condemned prisoner Shafqat Hussain, who is said to be a juvenile at the time of committing the crime.

    Hussain, who is now 23-years-old, is set to be executed on March 19.

    Shafqat was arrested and sentenced to death in 2004 for kidnapping and killing a seven-year-old boy from an apartment building in Karachi where he was working as a guard.

    In September the same year, Shafqat, said to be 14 years old at the time, was sentenced to death by an anti-terrorism court. His murder charge was reduced to ‘involuntary manslaughter’ on appeal, but the terrorism charges against him were not quashed.

    Take a look: Footprints: Lives and a death on hold

    Officials of the Karachi central prison asked the trial court (ATC-III) on Wednesday to issue the fresh black warrant for the hanging of the death row prisoner since the government had lifted an interim stay against his execution.

    Know more: New black warrant sought to hang ‘underage’ killer

    The appeals and mercy petition of the condemned prisoner had already been rejected by the superior judiciary and the presidency, respectively, they added.

    The death row prisoner has been dodging death for the past many years since implementation on his black warrants, repeatedly issued by the trial court, was stayed as the Pakistan Peoples Party government had placed a moratorium on executions after coming into power in 2008.

    Also read: Execution of death row prisoner Shafqat Hussain halted

    The counsel for the death row prisoner had petitioned the Sindh High Court against his possible hanging stating that he was wrongly convicted as a juvenile in the kidnapping and murder case. However, Earlier this week, Pakistan lifted its moratorium on the death penalty in all capital cases, after initially restarting executions for terrorism offences in the wake of the Taliban Army Public school massacre.

    Do you approve or disapprove of the death warrant for prisoner Shafqat Hussain who was a minor at the time he was convicted?

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  • **

    His murder charge was reduced to ‘involuntary manslaughter’ on appeal, but the terrorism charges against him were not quashed.

    **

    This shows moral bankruptcy of the government of Pakistan.

    They removed terrorism charges from Mumtaz Qadri, who premediatly killed but in case of involuntary manslaughter they have retained terrorism charges.



  • Hypocrisy of those so-called religious leaders who are working hard to get MQ off the hook while a minor (14 year old) nabaligh is being hanged on March 19th for involuntary manslaughter.

    So called liberals on this blog and outside are quite, thrir silence is deafening.



  • I think it is even legally incorrect. A person below the age of adulthood cannot be legally held liable for his/her actions.



  • If Pakistani corrupt system is that corrupt that they want to hang this person by all means then only God may save this country, namely Pakistan.



  • I am not sure if Hanging is an Islamic punishment!



  • @Adnak Jee

    "I am not sure if Hanging is an Islamic punishment!"

    Is punishment by death for any crime committed by nabaligh allowed in Islam?

    Specially, when it was involuntary manslaughter.



  • curiosity jee

    I would love to see the boy pardoned. Just for the sake of curiosity, I asked the question.



  • I am surprised the liberals in Pakistan are not going to challenge this.



  • If this is true then he must be freed or else his sentence converted into life imprisonment.



  • Shafqat was arrested and sentenced to death in 2004 for kidnapping and killing a seven-year-old boy from an apartment building in Karachi where he was working as a guard.

    Principally I am against death penalty but here the deate is not just death penalty but juvenile's death penalty. Based onnature of crime I don't see why not? Most of our suicide bombers are juveniles. A boy was hired as guard and he kidnapped 7 year old kid from the building, possibly raped and killed him. To me it's a clear cut terrorism case - he terrorized building like a fellow juvenile who blew up in mosque or street. Both you be trialed in ATCs and if proven guilty I am fine with whatever maximum punishment prescribed by law. Juveniles shouldn't be given age benefit is crime is so henious.

    If I was making the law I 'd 've voted against death penalty but if death penalty is allowed by law I am fine with juveniles spreading the terror to be treated as adults spreading the terror. It should be on case by case basis but you can't carve line in stone giving special treatments to juveniles - that line will be exploited by terrorists as it as these days.



  • "I am fine with juveniles spreading the terror to be treated as adults spreading the terror."

    Is it legal to award death penalty to a juvenile? That is important. It is unimportant whether an individual is fine with it or not.



  • If judges are awarding death penalties I am sure they are taking into account legal side of the house. Here the issue is moral - is it morally right to award death penalty to juveniles even if it is legally allowed? Should there be a legal bar on sentecing death to juveniles (at the time of crime)?



  • @Shirazi Jee

    "Shafqat was arrested and sentenced to death in 2004 for kidnapping and killing a seven-year-old boy from an apartment building in Karachi where he was working as a guard."

    It is not only he was minor, in scientific terms his frontal lobe was not fully developed, but also he was not convicted for murder in first degree. His conviction was for "involuntary" "manslaughter". No place in civilized world death penalty would be given. In Pakistan it is being given because of ATC.

    How convenient that MQ has been taken out of ATC charges even though his killing was due to religious reasons, a government official was killed and it placed terror in people who have guards assigned. You never raised your voice against that but supported NS for his lollipops that those terrorists organizations will be handled in future (in my opinion never).



  • Morals and Legal requirements do not mix. Moralities should be taken into account when laws are made. Judges should simply apply law and if the law allows the death punishment to be converted into imprisonment then judges can and should take that into account.

    I still believe that an under-age person cannot be held responsible for his/her actions but then I am not a lawyer!



  • @Shirazi Jee,

    It seems Pakistan and USA ( some states )has something in common, they do not bar death penalty for minors offenders. While most of the world, including China, has ratified a treaty against it, USA has not.

    http://deathpenalty.uslegal.com/minors/death-penalty-for-minors/

    The death penalty has been one of the most debated issues of our contemporary system of justice. Although the death penalty is generally tolerated under international law, the same cannot be said of the execution of juvenile offenders. The International Covenant on Civil and Political Rights requires that the death penalty be only imposed “for the most serious crimes,” and never upon those who were under 18 years of age at the time of their crime. Virtually all the countries of the world have signed or ratified this important treaty, including most recently, China. The United States, however, is the only country with an outstanding reservation to the Article forbidding the execution of juvenile offenders.



  • @Curiousity Jee

    How convenient that MQ has been taken out of ATC charges even though his killing was due to religious reasons, a government official was killed and it placed terror in people who have guards assigned. You never raised your voice against that but supported NS for his lollipops that those terrorists organizations will be handled in future (in my opinion never).

    I may have missed this thread on Mumtaz Qadri's judgement in the midst of the WC otherwise I have always raised serious concerns on what MQ did and how is being treated especially our legal fraternity. But I am not surprised Jinnah defended Ghazi Ilm Din why our lawyers won't defend MQ.



  • "But I am not surprised Jinnah defended Ghazi Ilm Din why our lawyers won't defend MQ."

    @Shirazi

    It is lawyers' professional duty to defend their clients. It does not mean that they agree/disagree with the actions of their clients!!



  • @Anjaan bhai

    Mumtaz Qadri and Ghazi Alim Din fan clubs are/were more focussed on their religious and political objectives than professonal duties. I dont see much difference in Jinnah and Kh. Sharif when it comes to blasphemy cases. Both are deplorable.



  • @Shirazi Jee

    It seems you are eager to deplore things associated with your country of birth but never deplore your country of adoption, even when common morally reprehensible laws exist both in Pakistan and USA. So as long as Pakistan has laws same as USA you don't have problem.

    **

    It seems Pakistan and USA ( some states )has something in common, they do not bar death penalty for minors offenders. While most of the world, including China, has ratified a treaty against it, USA has not.**

    **http://deathpenalty.uslegal.com/minors/death-penalty-for-minors/

    **