PAKISTAN: Appeal to amend the Blasphemy Laws

Asian Human Rights Commission — Urgent Appeals

PAKISTAN: Blasphemy laws — Stopping the rot

ASIAN HUMAN RIGHTS COMMISSION — URGENT APPEALS PROGRAMME

Urgent Appeal Case: AHRC-UAC-183-2010
21 December 2010

PAKISTAN: Appeal to amend the Blasphemy Laws

Dear friends,

The Asian Human Rights Commission (AHRC) has received information regarding the introduction of a private member’s bill to the National Assembly Secretariat that would end the death penalty for blasphemy, curtail abuse of the blasphemy laws for the purpose of harassing and victimising religious minorities and take steps to ensure equal protection for all religions under the law. The bill was introduced by People’s Party member of the National Assembly Ms. Sherry Rehman, former federal minister, who said, “The bill amends both the Pakistan Penal Code (PPC) and the Code of Criminal Procedure (CRPC), the two main sources of criminal law. The aim is to amend the codes to ensure protection of Pakistan’s minorities and vulnerable citizens, who routinely face judgments and verdicts in the lower courts where mob pressure is often mobilised to obtain a conviction.”

CASE NARRATIVE:

Following the Asia Bibi case, in which a Christian woman was sentenced to death under the blasphemy laws, Ms. Rehman has introduced an amendment to the Pakistan Penal Code and the Code of Criminal Procedure. The amendment would end the death penalty for blasphemy and take steps toward ensuring equal protections for religious minorities under the law in Pakistan.

Currently, extreme militant Muslim organisations may use blasphemy laws as a way to pressure and oppress religious minority groups. So far, the government has failed to protect the lives and property of the minority community. Although there is formal protection in place for religious minorities in the Constitution and although the blasphemy law has made it compulsory that no police officer below the rank of Superintendent of Police can investigate the charges, these statutes are rarely respected.

Religious minority groups in Pakistan remain vulnerable due to the continued use and abuse of blasphemy charges, despite section 295C of the Pakistan Penal Code. The police, who fail to follow the code and who operate under the directives of extremists in the community, must face strong legal action. Charges of blasphemy are still met with the death penalty in Pakistan.

The deliberate institutionalisation of Islam’s status as protected and predominant promoted the perpetuation of religious intolerance by Islamic fundamentalists. According to data collected through different sources at least 1030 persons were charged under these anti-blasphemy clauses from 1986 to August 2009, while over 30 persons were killed extra-judicially by angry mobs or individuals.

Militant Muslim organisations are using blasphemy as a tool as the best way to keep religious minority groups under pressure and even forcibly take land. The State is failing to protect the lives and property of the minority community.

In August 2009 after the attack on the Christian population in Gojra, Punjab province, in which seven Christians were burnt to death, the Prime Minister Yousuf Raza Gilani again announced plans to review “laws detrimental to religious harmony” in a committee comprising of constitutional experts, the minister for minorities, the religious affairs minister and other representatives, but the government has again hesitated to initiate change due to their unwillingness to antagonize fundamentalist groups.

Recent cases in Pakistan suggest a criminal collaboration among government authorities, police, and fundamentalist organisations, in which the Muslim clergy, on receiving bribes from land-grabbers in the National and Provincial Assemblies, colluded with local police to expropriate land owned by minorities by bringing allegations of blasphemy against them. The situation is especially worrying in Punjab province after the formation of the PML-N government, which has a record of intolerant policies against Christians and Ahmadis in particular.

SUGGESTED ACTION:

The introduction of an amendment in the National Assembly that would limit the abuse of blasphemy laws is a major development in Pakistan and must be supported strongly. Please write letters to legislators, officials, and civil society leaders urging them to support and lobby for this law.

The AHRC is writing a separate letter to the UN Special Rapporteur on the Question of religious minorities calling for his intervention into the misuse of blasphemy law.

To support this appeal, please click here: Send an Appeal Letter

SAMPLE LETTER:

Dear __________,

PAKISTAN: Appeal to amend the Blasphemy laws

I am writing to voice my deep concern regarding the misuse of blasphemy laws and to express strong support for the private member’s bill introduced by the People’s Party MNA, Ms. Sherry Rehman that would amend blasphemy laws to end the death penalty and rationalise punishments under the blasphemy laws.

According to the data I have collected at least 1030 persons were charged under these anti-blasphemy clauses from 1986 to August 2009, while over 30 persons were killed extra-judicially by angry mobs or individuals.

I am appalled by the political expediency of the government and ruling party who do not want to take a firm stand on the misuse of the blasphemy law but instead is trying to sweep the basic issue of freedom of expression and discrimination on the basis of religion under the carpet. The deliberate institutionalisation of Islam’s status as protected and predominant promoted the perpetuation of religious intolerance by Islamic fundamentalists.

I am shocked to know that militant Muslim organisations are using blasphemy as a tool as the best way to keep religious minority groups under pressure and even forcibly take land. The State is failing to protect the lives and property of the minority community. The blasphemy law has made it compulsory that no police officer below the level of Superintendent of Police can investigate the charges but this is rarely adhered to.

I urge you to repeal the Blasphemy law or at least amend it by deleting section 295-c from the Pakistan Penal Code (PPC) (the death sentence). I hereby fully support the initiative of Ms. Sherry Rehman to amend the blasphemy law by submitting a private bill in the national assembly.

I also urge the government, the ruling political parties, the members of the national assemblies and senate to pass the amendment in Blasphemy law introduced in a private bill introduced by MNA Sherry Rehman.

I look forward to your prompt action to provide substantial and comprehensive policy responses on the freedom of expression, protection of religious minority groups and misuse of blasphemy law.

Yours sincerely,

___________________
PLEASE SEND YOUR LETTERS TO:

1. Mr. Asif Ali Zardari
President of Pakistan
President’s Secretariat
Islamabad
PAKISTAN
Tel: +92 51 9204801 +92 51 9204801 +51 9214171
Fax: +92 51 9207458
Email: publicmail@president.gov.pk

2.Mr. Syed Yousaf Raza Gilani
Prime Minister of Pakistan
Prime Minister House
Islamabad
PAKISTAN
Fax: + 92 51 9221596
E-mail: secretary@cabinet.gov.pk, pspm@pmsectt.gov.pk

3. Dr. Fehmida Mirza
Speaker, National Assembly of Pakistan
Parliament house, Islamabad,
PAKISTAN
Email: speaker@na.gov.pk
Tel. No. +92 51 920 3734 +92 51 922 1082
Fax: +92 51 920 4673 / +92 51 922 1106

4.Dr. Zaheeruddin Babar Awan
Federal Minister
Ministry of Law, Justice & Parliamentary Affairs
Government of Pakistan,
R block, Pak Secretariat
Islamabad
PAKISTAN
Tel: 92-51- 9202712 FAX: 92-51-9202541
E-mail: minister@molaw.gov.pk

5. Mr. Syed Mumtaz Alam Gillani
Federal Minister for Human Rights
Ministry of Human Rights
Old US AID Building
Ata Turk Avenue
G-5, Islamabad
PAKISTAN
Fax: +92 51 9204108
E-mail: sarfaraz_yousuf@yahoo.com

6. Dr. Faqir Hussain
Registrar
Supreme Court of Pakistan
Constitution Avenue, Islamabad
PAKISTAN
Fax: + 92 51 9213452
E-mail: mail@supremecourt.gov.pk

Thank you.

Urgent Appeals Programme
Asian Human Rights Commission (ua@ahrc.asia)

URL: www.ahrchk.net/ua/mainfile.php/2010/3614/

British Parliament to debate Ahmadiyya Muslims prosecution in Pakistan on Oct 20

British Parliament to debate Ahmadiyya Muslims prosecution in Pakistan on Oct 20

Punjab Newsline Network
Monday, 18 October 2010

By Maqbool Ahmed
LONDON: A special debate will be held in the British Parliament about Ahmadiyya Muslims prosecution in Pakistan. This debate will be held on 20th October 10 in the British Parliament at 14:30 on British Time. This year Ahmadiyya Muslims in Pakistan has been attacked in the different parts of Pakistan by the fundamentalist.

In May 10 nearly 85 Ahmadiyya Muslims were killed in Lahore Mosque attack which was made by the Tehreke-Taliban Pakistan. On the other hand The Head of the Ahmadiyya Muslim Jamaat, Hadhrat Mirza Masroor Ahmad has categorically rebuked the false notion that the Ahmadiyya Muslim Jamaat has any interest in seeking political power or leadership of any kind. He said the sole purpose of the community was to seek the pleasure of God Almighty and as a means to achieve this, the Jamaat was involved with humanitarian relief throughout the world.

Hadhrat Mirza Masroor Ahmad said that despite the ongoing persecution that it faced the Jamaat sought nothing from the Government of Pakistan or from its politics. He said:“It is the foolish belief of those motivated by material interests that because the Ahmadiyya Muslim Jamaat is a well organised and coherent community it may one day seek to overthrow the government. Let it be clear that we have no interest in seeking to enter the politics of Pakistan or for that matter that politics of any other country.”

As private citizens every Ahmadi Muslim, in his personal capacity, had the right to take part in local politics or become affiliated to a particular party. However the Jamaat collectively had no interest in the politics of any State. He said: “The Ahmadiyya Muslim Jamaat and its institution of Khilafat has absolutely no interest or desire to overthrow any government. That is not our purpose. ”

Despite the decades of cruelty faced by the Jamaat in Pakistan, Hadhrat Mirza Masroor Ahmad said that the Jamaat felt great pain at seeing the country and its people in its current turmoil. The pain felt was not out of sympathy for the government but out of sympathy for the country itself and its people. Thus the Ahmadiyya Muslim Jamaat would always be ready to offer any sacrifice for the sake of the nation. He said: “Anywhere in the world where there are problems we utilise all our capabilities in an effort to try and relieve the situation. We do this simply because this is what we were taught by our master, the Holy Prophet Muhammad. It was he who taught that a person should forget his own suffering and instead serve mankind.” In response to the recent floods in Pakistan the Ahmadiyya Muslim Jamaat had raised vast sums in various countries which were then sent to Pakistan through a number of official channels. Furthermore teams of volunteers were sent to assist on the ground. This led to the head of a well known charitable trust in Pakistan to remark that Ahmadis were always the first on the scene to offer assistance.

He also said that “Our aid in Pakistan is extended irrespective of religious or sectarian differences. Humanity First has also undertaken much work for the flood relief and indeed it has earmarked a further $1million to rehabilitate the flooded areas. Without any regard for religion we will continue to carry out such efforts.” His Holiness said that when undertaking relief effort the Ahmadi Muslim teams did not even mention that they were Ahmadi lest it lead to any form of confrontation with those opposed to the Jamaat and thus denying aid to those poverty stricken people who needed our help.

URL: www.punjabnewsline.com/content/british-p...n-pakistan-oct-20/25013

PAKISTAN: Another Ahmadi academic is killed by Muslim fundamentalists

---Asian Human Rights Commission, Hong Kong

Asian Human Rights Commission — Statement

PAKISTAN: Another Ahmadi academic is killed by Muslim fundamentalists

FOR IMMEDIATE RELEASE
AHRC-STM-234-2009
November 27, 2009

On November 26, 2009 Mr. Rana Salim, a well known educationalist of Sanghir district, Sindh province, was shot dead. Mr. Salim and his wife ran the prestigious New Life public school, credited by residents for the quality of its teaching.

As Mr. Rana was walking out from Baitul Hamd mosque after his evening payers, he was shot at point blank range and was rushed to hospital, but died on the way. The local police didn’t arrive until very late and have yet to start any investigation. District authorities have stated that the assailant cannot be identified and that therefore they cannot speculate on the cause of the murder.

However the administration of New Life Public School claims to have been frequently threatened by Muslim extremists and though the deceased had reported this, no actions had ever been taken by the authorities.

Fundamentalist groups are openly critical of the notoriously high performance of Ahmediya schools in Pakistan, since they consider the Ahmediya community — which they believe to be non Islamic community — a threat. In the past it has been left to local people to shield this particular school from small attacks.

Salim is the 106th Ahmadi to be murdered since 1986, when former military dictator General Zia ul Haq prohibited the religious sect from performing Islamic rituals and constructing mosques. During 2009 six Ahmadis have so far been murdered in target killings, and the state consistently fails in its responsibility to protect them, despite repeated claims by the current administration that it represents the best interests of minorities in the country. The impunity seen to be enjoyed by those who commit crimes against Ahmadis only encourages further discriminatory violence.

# # #

About AHRC: The Asian Human Rights Commission is a regional non-governmental organisation monitoring and lobbying human rights issues in Asia. The Hong Kong-based group was founded in 1984.

URL: www.ahrchk.net/stateme...ements/2317/

'MNA promoting violent protest against Ahmadis'

--- Daily Times, Pakistan

Tuesday, February 17, 2009

‘MNA promoting violent protest against Ahmadis’

LAHORE: A Pakistan Muslim League-Nawaz (PML-N) member of National Assembly from Layyah has instigated the local people to observe a protest today (Tuesday) against four teenagers and a man belonging to the Ahmadiyya community arrested on the charges of blasphemy, a rights body said on Monday. The accused will be brought before a court today. A press release issued on Monday by the Asian Human Rights Commission (AHRC) stated that some radical groups had announced a show of strength against Ahmadis to pressurise the court not to grant bail to the five Ahmadis. The accused were arrested on January 28 on charges of writing blasphemous comments in a mosque toilet. They were shifted to Dera Ghazi Khan Central Jail, where the fundamentalist groups had asked other inmates to ‘fix up’ the Ahmadis, according to the statement. The commission urged the Punjab government to stop the violent campaign. staff report

Source: www.dailytimes.com.pk/default.asp?...ry_17-2-2009_pg13_4

Pakistan: Police arrest another Ahmadi in Layyah blasphemy case

---Daily Times, Pakistan

Saturday, January 31, 2009

Police arrest another Ahmadi in Layyah blasphemy case

* AHRC says police under pressure from fundamentalists to act against the accused
* No evidence produced for the arrests so far

By Abdul Manan

LAHORE: The police in Layyah on Friday arrested another person from the district’s Kot Sultan area, accusing him of blasphemy, Station House Officer (SHO) Rauf Khalid told Daily Times.

The man, Mubashar Ahmed (45), is the fifth person of the Ahmadiyya community to be detained in the blasphemy case since Wednesday.

Four other minor boys, aged between 14 and 16, have also been charged in the case under Section 295-C of the Pakistan Penal Code.

According to the First Information Report (FIR), the boys are accused of writing blasphemous material in latrines of Kot Sultan’s Gulzar-e-Madina mosque. The boys are students of grade nine and 10 at the Superior Academy in Chak 172/TDA of Layyah.

Remand: The SHO said he had obtained a two-day remand of the boys, adding Layyah District Police Officer (DPO) Dr Muhammad Azam and Dera Ghazi Khan Investigation Police Superintendent (SP) Pervaiz Tareen were heading the probe.

Tareen said he had returned to DG Khan after completing his probe on Friday, adding he had appointed a deputy SP to conduct the remaining investigation.

The SP said he would not question the accused boys anymore, but refused to disclose his findings.

A group of lawyers on Friday announced to argue the boys’ case for free, while a press release by the Asian Human Rights Commission (AHRC) condemned the charges against the four boys.

Pressure: After contacting the Layyah DPO, the boys’ relatives were told that the police were under pressure from fundamentalists to act against the boys, AHRC said in the statement.

“The DPO said if he did not arrest the accused, the group had threatened to seal the city and attack the houses of Ahmadis. Worried about civic unrest, the officer arrested the children,” the AHRC said.

Evidence: It said no evidence had been provided prior to the five arrests. However, Kot Sultan SHO Khalid told the AHRC that the gravity of the case justified the arrests.

According to an amendment made by parliament in 2004 in Section 295-C of the constitution, the police are bound to thoroughly investigate blasphemy accusations before levelling criminal charges. The aim of the amendment was to reduce the scope of the blasphemy laws, which are still widely and frequently abused, and often result in death penalties. The AHRC urged President Asif Ali Zardari to immediately intervene and order the release of the detained people.

URL: www.dailytimes.com.pk/default.asp...\31\story_31-1-2009_pg7_23

PAKISTAN: Four children and one man have been arbitrarily arrested and charged with blasphemy at the request of Muslim radicals

A Statement by the Asian Human Rights Commission

FOR IMMEDIATE RELEASE
AHRC-STM-022-2009
January 30, 2009

PAKISTAN: Four children and one man have been arbitrarily arrested and charged with blasphemy at the request of Muslim radicals

Five persons belonging to the Ahmadi sect of Islam, four of them children, have been arrested for desecrating the name of the last prophet of Islam (peace be upon him), and charged under a law that can only be met with the death penalty. The children were accused of writing the name of the Prophet Muhammad on the walls of a toilet of a mosque in Punjab province, and are being accused of blasphemy.

According to our reports, the boys are students from grades nine and ten of the Superior Academy, Chak no. 172, TDA in Layyah district. They are Muhammad Irfan (14), son of Muhammad Mukhtar, Tahir Imran (16), son of Abdul Ghaffar, Tahir Mehmood (14), son of Muhammad Aslam and Naseer Ahmed (14), son of Nasrullah. A Mr Mubashar Ahmed, 45 has also been arrested.

The five were taken from their houses on the night of January 28, 2009 and taken into custody. Raiding police officials told their families that they would just be detained for 24 hours to appease a number of Muslim fundamentalists, who had recently renewed the long-waged ideological assault on members of the Ahmadi sect, a minority sect of Islam (also known as Qadiani sect). Sect members claims to be Muslim, but were constitutionally removed from the religion in Pakistan in 1974, partly due to their following of a nineteenth century messiah.

However after four hours in custody, charges were filed against all five under section 295-C, for desecrating the name of the last prophet. After contacting Dr Muhammad Azam, the district police officer (DPO) of Layyah, family members were told that the police were under pressure from fundamentalists to act against the children. If he did not arrest them, Azam said, the group had threatened to close down the whole city and attack the houses of Ahmedi sect members. Worried about civilian deaths, the officer arrested the children.

The registered complainant in the case is a Mr Liaquat, who has reported seeing the name of Muhammad (peace be upon him) on the walls of a toilet of Gulzare Madina Mosque in four different places, and scratched into the wall in another. Liaquat concluded that the graffiti must have been a deed of an Ahmadi sect member — a charge agreed with by a Mr. Shahbaz, a government school teacher and a leader of the anti-Ahmadi sect movement. Shabaz implicated the four students, claiming that the graffiti was written under the instruction of Mubashar, the adult accused. No evidence was given, and no investigation done before the five were arrested.

Inspector Khalid Rauf, station head officer (SHO) of Kot Sultan police satation, Layyah district, Punjab province, told the AHRC that police have still not initiated the investigation, but that the gravity of the case against Islam justified arresting the children first. He said the police do not know of any substantial evidence that links the four students with the crime.

Most bemusing, is the fact that the teenagers that were arrested are not students of the Gulzare Madina Mosque, where the graffiti was found, and neither they or Mubashar live anywhere near it. The boys are students of a private English medium school.

According to an Ahmadi spokesperson, a number of attempted assaults and attacks have taken place against sect members in the area, during the last week.

The police have not made any investigation into the threats sent in, to cause harm to Layyah civilians. Neither have they made investigations into the five detainees’ guilt. According to an amendment made by parliament in 2004 in section 295-C of the constitution, police officials are obligated to thoroughly investigate accusations of blasphemy before presenting criminal charges. The aim of this amendment was to reduce the scope of the blasphemy laws, which are still widely and frequently abused, and met with the death penalty.

At this juncture the AHRC would like to question who Pakistan’s police are meant to serve: a few civilian religious groups with little regard for the law, and an agenda of violent persecution? Or do they serve the rule of law and the people of Pakistan? Their actions and admissions in this case point to the former. That children can now be made scapegoats by the police, and high ranking police officers themselves can played with like puppets, is a disgrace to the nation.

The Punjab government has lately claimed to be liberal and progressive. Yet they show little control over the province’s radical religious groups, which flout the law and hold Pakistan society hostage in the name of Islam. When children can be arrested under laws that carry only the death penalty, with no evidence given and no investigation done, there can be no doubt that the systems of this province have broken down.

The AHRC urges the government of President Asif Zardari to immediately release the illegally detained prisoners. Instead they should turn their attention to the dependence of Punjab Police on fundamentalist Islamic groups and the implementation of the rule of law in the province, including the amendment in the blasphemy law made by parliament.

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About AHRC: The Asian Human Rights Commission is a regional non-governmental organisation monitoring and lobbying human rights issues in Asia. The Hong Kong-based group was founded in 1984.

URL: www.ahrchk.net/statements/mainfile.php/2008statements/1859/

Pakistan: Mob tries to burn houses of Ahmadis in Layyah

--- Daily Times

Friday, January 30, 2009

Mob tries to burn houses of Ahmadis in Layyah

* HRCP alarmed over four children’s detention on blasphemy charges
* FIR says local MNA’s uncle ‘probed’ the incident at his outhouse

By Abdul Manan

LAHORE: A mob – led reportedly by members of banned religious organisations – tried to set ablaze houses of Ahmadis in Layyah on Thursday, a day after four children belonging to the minority community were detained on charges of blasphemy, police and residents told Daily Times.

Twenty policemen had been deployed to the village, a police official said.

Police had registered a case (number 46/9) in the Kot Sultan police station against Tahir Imran (16), Tahir Mahmood (14), Naseer Ahmad (14), Muhammad Irfan (14), and Mubashar Ahmad (45) under Section 295-C of the Pakistan Penal Code.

The Ahmadiyya community has denied the charge, the first ever against children since the Section 295-C was introduced in 1986.

Asma Jahangir, the chairwoman of the Human Rights Commission of Pakistan (HRCP), said that it was heinous to use the law against children. The HRCP was finding facts about the incident, she said, and would soon send a team to Layyah.

Religious scholar Javed Ghamidi said the children were safer in police custody.

The children belong to Chak 172/TDA, a village about 25 kilometres from Kot Sultan. Last week, the locals had stopped the Ahmadi children from praying in the central Gulzar-e-Madina mosque, Kot Sultan Station House Officer (SHO) Rauf Khalid told Daily Times.

But they continued to use the latrines, where they have been accused of writing blasphemous material, according to the first information report (FIR).

Noor Elahi Kulachi – a retired schoolteacher, and, as the SHO confirmed, a member of the banned Sipah-e-Sahaba – complained to Iqbal Hussain Shah, the uncle of the local National Assembly member Saqlain Shah. According to the FIR, Iqbal Hussain called the SHO and the people who had seen the writings to his outhouse, where they “probed the incident” to find the Ahmadi children guilty.

But the local leader of the Ahmadiyya community alleged that Kulachi – who was also a member of Jamaatud Dawa – had pressured Iqbal Hussain to direct the police to register the case, and the latter complied because of the Jamaatud Dawa votebank in the constituency.

Saqlain Shah, an MNA from the Pakistan Muslim League-Nawaz, denied his uncle had pressured police. But he said representatives of the Ahmadiyya community should have visited his uncle’s residence for the matter to be resolved in line with local traditions, instead of denying charges.

He also said that Ahmadis had first lodged cases against local Muslims (for violating the Loudspeakers Act and under the Maintenance of Public Order) after being disallowed to hold a religious meeting, and should now “face the truth”. He said he would visit the village on Saturday, and that his uncle was trying to pacify the villagers.

The SHO said he had registered the case after consulting the district police officer and a deputy inspector general of police. The inspector general of police had also been informed, he added.

URL: www.dailytimes.com.pk/default.asp?page...30-1-2009_pg7_2

Pakistan: Four Ahmadi children charged with blasphemy

--- Daily Times

Thursday, January 29, 2009

Four Ahmadi children charged with blasphemy

LAHORE: Five members of the Ahmadiyya community including four children were charged with blasphemy under Section 295-C of the Pakistan Penal Code in Layyah on Wednesday. The children, aged 16 and younger, were detained at about 8pm after a complaint by a local cleric. Police have registered a case (number 46/9) in the Court Sultan police station against Tahir Imran (16), Tahir Mahmood (14), Naseer Ahmad (14), Muhammad Irfan (14), and Mubashar Ahmad (45). A spokesman for the community denied the allegations saying they were intended to fuel religious hatred. “Victimising children with false accusations is the most condemnable use of the blasphemy law,” he said. staff report

URL: www.dailytimes.com.pk/default.asp?page...29-1-2009_pg7_5