Dec 15, 2016 | News
The Pakistani Government must not extend legal provisions that empower military courts to try civilians for terrorism-related offences, the ICJ said today.
The 21st Amendment and corresponding amendments to the Army Act, 1952, are scheduled to lapse on 6 January 2017, when their respective two-year sunset clauses expire.
“These military trials of civilians has been a disaster for human rights in Pakistan,” said Sam Zarifi, ICJ’s Asia Director.
“The conduct of these tribunals over the last two years has demonstrated that military trials are secret, opaque, violate even basic fair trials rights —and don’t do anything to protect people from acts of terrorism,” he added.
In a question-and-answer briefing paper released today, the ICJ provides answers to key questions regarding the conduct of military courts and the issues that have arisen in their operation.
The military has acknowledged the convictions of at least 144 people by military courts for their “involvement” in terrorism-related offences, 140 of whom have been sentenced to death.
Twelve out of the 140 people sentenced to death by military courts have been hanged.
The military has announced that least four people have been given life imprisonment sentences, but the actual number could be much higher.
Some 135 out of 144 people (94 per cent) convicted by military courts had allegedly “confessed” to the charges, raising serious questions about the possibility of torture or other coercive measures being used to secure these convictions.
The ICJ has documented how proceedings before Pakistani military courts fall short of national and international standards requiring fair trials before independent and impartial courts:
- Judges are part of the executive branch of the State and continue to be subjected to military command;
- The right to appeal to civilian courts is not available;
- The right to a public hearing is not guaranteed;
- A duly reasoned, written judgment, including the essential findings, evidence and legal reasoning, is denied;
- The procedures of military courts, the selection of cases to be referred to them, the location and timing of trial, and details about the alleged offences are kept secret; and
- The death penalty is implemented after unfair trials.
In addition to these concerns, the ICJ has also received reports that suspects tried by military courts have been subjected to torture and ill-treatment in detention and their family members have been harassed and intimidated by military authorities.
Allegations of torture and ill-treatment are not effectively investigated and information alleged to have been obtained by means of torture or other ill-treatment is not excluded as evidence in trial, the ICJ says.
In at least two cases, the petitioners have also alleged that the convicts were children under the age of 18 at the time they were arrested by law enforcement agencies.
Military courts were empowered to try civilians pursuant to the National Action Plan against terrorism, in contravention of international standards.
The National Action Plan envisioned military courts to be a short-term “solution” to try “terrorists”, to be operational only for a two-year period during which the Government would bring about necessary “reforms in criminal courts system to strengthen the anti-terrorism institutions”.
With less than one month left before military courts cease to be in effect, there is little sign of the promised reforms to strengthen the ordinary criminal justice system to effectively handle terrorism-related cases, the ICJ adds.
“Pakistan has not used the period of using military courts to reform and strengthen the criminal justice system,” said Zarifi.
“On the contrary, military courts have only further undermined the legitimacy of the ordinary courts and weakened the rule of law in Pakistan.”
The ICJ urges the Pakistan Government to not extend the 21st Amendment and ensure that all counter-terrorism laws and procedures are in accordance with Pakistan’s human rights obligations.
Contact
Sam Zarifi, ICJ Asia Pacific Regional Director (Bangkok), t: +66 807819002; e: sam.zarifi(a)icj.org
Reema Omer, ICJ International Legal Adviser for Pakistan (Lahore), t: +923214968434; e: reema.omer(a)icj.org
pakistan-military-courts-qa-advocacy-2016-eng (full Q& A on Military Courts, in PDF)
pakistan-list-of-convicted-advocacy-2016-eng (full list of convicted people, in PDF)
Dec 13, 2016 | News
The ICJ and Human Rights Commission of Pakistan (HRCP) urge the Pakistani authorities to fully engage with the UN human rights body by answering its questions comprehensively.
The call follows the recent adoption by the United Nations Human Rights Committee of a document raising a multiplicity of concerns about Pakistan’s human rights record.
“It is encouraging to see Pakistan’s increased engagement with United Nations human rights mechanisms in recent years”, said Sam Zarifi, ICJ’s Asia Director.
“But it is important that the Government does not stop here and now takes the additional constructive step of answering all the Committee’s questions truthfully and honestly,” he added.
In November 2016, during its 118th session, the Human Rights Committee adopted a document known as a List of issues in relation to Pakistan’s compliance with the International Covenant on Civil and Political Rights (ICCPR), in which the Committee asked multiple questions about the country’s human rights record, including:
- Fair trial concerns as a result of the expanded jurisdiction of military courts following the introduction/adoption of the 21st Amendment to the Constitution, including the criteria for and the process of selecting cases to be tried by military courts, the qualifications of judges presiding over those courts and their proceedings;
- Reintroduction of the death penalty and the wide scope of its application, including the mandatory death sentence for “blasphemy”;
- Broad and vaguely defined “blasphemy offences”, their disproportionate use against individuals belonging to religious minorities; the large number of “blasphemy” cases instituted on the basis of false accusations; and the lack of mechanisms to protect judges who hear “blasphemy” cases and those accused of blasphemy from intimidation and threats;
- Rights of Ahmadis, including their “right to profess, practice and propagate” their religion without interference;
- Repatriation of Afghan refugees, including information on the adoption of a draft national refugee law and a comprehensive policy on the voluntary repatriation and management of Afghan nationals;
- Rights of women, including steps taken by the Government to prevent and punish persistent violence (sexual and otherwise) against women, including so-called honour killings;
- Torture and other ill-treatment, extrajudicial killings, and enforced disappearances, including steps taken by the Government to implement the Supreme Court’s judgment in the Muhabbat Shah case, which held military authorities responsible for the enforced disappearance of at least 28 people from a Malakand internment centre.
This is the first time Pakistan’s human rights record is being reviewed by the Human Rights Committee, the treaty body that monitors implementation of the International Covenant on Civil and Political Rights by its State parties, since Pakistan ratified the Covenant in 2010.
The next step in the review process is for Pakistan to respond to the questions framed in the List of Issues.
The Human Rights Committee will undertake a comprehensive review Pakistan’s compliance with and implementation of the ICCPR and adopt concluding observations in July 2017.
“It is of the utmost importance to Pakistan to derive greater benefit from its engagement with the UN human rights mechanisms by making a sincere effort to answer the concerns of the Committee,” said I A Rehman, Secretary General of HRCP.
Background
Pakistan ratified the International Covenant on Civil and Political Rights (ICCPR) in June 2010. Following ratification/accession, every state party to the ICCPR is required to submit an initial “state report” containing information on the implementation of each provision of the treaty.
Pakistan submitted its initial state report to the Human Rights Committee in October 2015.
In light of the information provided in the State report, as well as information received from civil society, the Human Rights Committee then prepares a List of Issues containing particular issues of concern to the Committee, and asking whatever questions it sees fit in light of those concerns.
The answers provided by the State party to those questions, as well as other information submitted by civil society and others form the basis of the “review” of the State’s compliance with the treaty.
The State is not obligated to reply to the List of Issues in advance of the review session, but in practice most do.
The State replies are presented to the Committee at the beginning of the review and are the starting point for the interactive dialogue between the Committee and the State under review.
During the review, the Committee meets with State representatives who present answers to the List of Issues and respond to the Committee’s questions.
At the end of the session, the Committee adopts Concluding Observations, which highlight the Committee’s concerns and make recommendations to the State on improving the implementation of the ICCPR.
Pakistan’s ICCPR review is scheduled to take place in July 2017.
Contact
Sam Zarifi, ICJ Asia Pacific Regional Director (Bangkok), t: +66 807819002; email: sam.zarifi(a)icj.org
Pakistan-list-of-issues-advocacy-2016-eng (in PDF)
Oct 16, 2016 | News
The ICJ today condemned the execution of Asadul Islam, leader of Jamayetul Mujahideen Bangladesh (JMB), a banned Islamist group.
Asadul Islam was hanged on Sunday for his alleged role, along with seven other JMB leaders, in a 2005 bus bombing that killed two lower court judges.
He was tried and convicted in absentia in 2005, later detained in July 2007, and had been in prison since that time. In August 2016, the Bangladesh Supreme Court dismissed his final appeal, paving the way for his execution this week.
“The death penalty is the ultimate form of cruel and inhuman punishment, and does not serve the interests of justice,” said Sam Zarifi, Asia-Pacific Regional Director for the ICJ.
“While Bangladesh authorities have an obligation to bring to justice perpetrators of such terror attacks, this must be done through fair trials and the rule of law,” he aded.
The International Covenant on Civil and Political Rights (ICCPR), to which Bangladesh is a party, protects the right to life and the right to a fair trial.
As the UN Human Rights Committee has emphasized, because of its irreversible nature it is particularly important that all applicable fair trial standards be scrupulously observed in capital punishment cases.
Failure to respect such standards constitutes a violation of both the right to life (ICCPR article 6) and the right to a fair trial (ICCPR article 14).
The ICJ is particularly concerned that his trial in absentia impaired Islam’s right to a fair trial, as the right to be present at trial and present a defence are critical elements of a fair trial.
The ICJ opposes capital punishment in all cases without exception.
The ICJ considers that the death penalty constitutes a violation of the right to life and the right not to be subjected to cruel, inhuman or degrading treatment.
In December 2014, the UN General Assembly by an overwhelming margin adopted a resolution, for the fifth time since 2007, emphasizing that the use of the death penalty undermines human dignity and calling on those countries that maintain the death penalty to establish a moratorium on its use with a view towards its abolition.
“Especially where the death penalty is concerned, the State must take extra care to ensure that the trial process meets the highest standards of fairness and due process under international law, as there is no possibility of reversal once carried out,” Zarifi said.
“Bangladesh has an unfortunate record of administering unfair trials in terrorism cases, including those involving the death penalty,” he added. “Asadul Islam’s case raises serious concerns that the Bangladesh authorities once again failed to meet their fair trial obligations under international law, and therefore this death sentence should not have been carried out.”
The ICJ calls on Bangladesh to impose an official moratorium on the death penalty and take prompt measures towards its abolition.
Contact
Sam Zarifi, ICJ Asia Pacific Regional Director (Bangkok), t: +66 807819002; email: sam.zarifi(a)icj.org
Oct 15, 2016 | News
Authorities in Jammu and Kashmir should end the use of the Jammu and Kashmir Public Safety Act (PSA) to arbitrarily detain people, including children, the ICJ, Amnesty International India and Human Rights Watch said today.
The PSA violates international due process standards and should be repealed, the groups said.
“The use of the PSA to detain people, particularly children, violates a range of human rights, and its increasing use in recent weeks undermines the rule of law and further entrenches impunity in Kashmir,” said Sam Zarifi, ICJ Asia Director.
“Police should end the use of the PSA; if people are suspected of committing offences, they should be properly charged and given fair trials,” he added.
The PSA is an administrative detention law that allows detention without charge or trial for up to two years in some cases.
Following an amendment in 2012, the PSA expressly prohibits the detention of anyone under 18.
Between 9 July – when protests and violent clashes broke out in the state following the killing of a leader of the armed group Hizbul Mujahideen – and 6 October, authorities have detained over 400 people, including children, under the PSA, according to media reports.
“The government has a responsibility to address violence during protests, but indefinitely detaining people without charge only adds to the lawlessness,” said Meenakshi Ganguly, South Asia Director, Human Rights Watch. “Detaining children under the PSA is not only unlawful, but could have negative repercussions for years.”
On 16 September, Rayees Ahmad Mir, who is 16 years old according to his school records, was arrested in Baramulla district under ordinary criminal procedure for allegedly throwing stones at security forces.
Two days later, an executive official passed an order to detain him under the PSA, to preclude his release on bail.
The order incorrectly stated that he was 18 years old. Rayees Mir’s family challenged the order before the Jammu and Kashmir High Court, producing documents that proved he was only 16.
On 7 October, the court stated that Rayees Mir should be treated according to juvenile justice rules, as there was prima face evidence that he was a minor, and ordered his transfer to a juvenile home. The PSA detention order has not yet been quashed.
An official at the Kot Bhalwal jail said on 14 October that the prison authorities had not yet transferred Rayees Mir, as they had not received a copy of the court order.
Mir Shafqat Hussain, a lawyer representing many PSA detainees, said: “In a number of cases the families have not been informed about the grounds of detention. Arresting minors and booking them under PSA is definitely going to have an effect on their psyche. From schools and colleges, these boys end up in jails where they will be kept together with adults. It is definitely going to have an adverse effect on them.”
On 18 August, Waheed Ahmed Gojree, who is 16 according to his school records, was arrested in Kupwara district and detained at a police station.
According to his family, the police at first told them he would be released the next day, but then said that he had been detained under the PSA.
He was first taken to a jail in Baramulla, and then to the central jail in Jammu.
An official at the central jail confirmed that he had been detained under the PSA.
The family has not yet received a copy of the detention order, or been formally informed about the grounds of Waheed Gojree’s detention.
The authorities appear to have not taken his age into account before issuing his detention order.
“The central and state governments have spoken about following the principle of insaniyat, or humanity, in dealing with the crisis in Jammu and Kashmir,” said Aakar Patel, Executive Director at Amnesty International India. “But detaining children under the PSA is neither humane nor lawful.”
Amnesty International India, Human Rights Watch and the ICJ believe that anyone detained under the PSA must either be charged promptly with a recognizable criminal offence or prosecuted in a fair trial, or else be released.
Not prosecuting people suspected of committing offences can also violate the human rights of the victims of these offences.
Contact
Sam Zarifi, ICJ Asia & Pacific Regional Director (Bangkok), t: +66 807819002; email: sam.zarifi(a)icj.org
india-joint-statement-psa-news-press-release-2016-eng (full text of statement, in PDF)
Oct 13, 2016 | News
The ICJ expressed disappointment in the adjournment of Asia bibi’s blasphemy appeal and urged the Supreme Court to set a new hearing date as soon as possible.
“Asia bibi has been on death row for six years under a bad law that has been improperly applied,” said Sam Zarifi, ICJ’s Asia Director. “The Supreme Court has previously held that people accused of blasphemy in Pakistan ‘suffer beyond proportion or repair’ – such delays in proceedings are one reason why.”
The hearing was adjourned because Justice Iqbal Hameed-ur-Rahman, one of the three judges to hear the case, recused himself from the bench on the day of the hearing, reportedly because of a “conflict of interest”.
“The date and bench for the hearing had been fixed nearly a week ago – it is difficult to understand why Justice Hameed-ur-Rahman’s decision to recuse himself was announced only at the hearing, with no alternative arrangements having been made,” added Zarifi.
Justice Hameed-ur-Rahman’s recusal is related to Salmaan Taseer’s murder case.
In 2011, Salmaan Taseer, the former Governor of Punjab, was killed by his bodyguard, Mumtaz Qadri.
Qadri claimed he killed Taseer for questioning the merits of the blasphemy proceedings against Asia bibi and calling for reform of the blasphemy laws to prevent their misuse.
Mumtaz Qadri was convicted and sentenced to death for the killing in October 2011.
Qadri challenged the conviction and sentence before the Islamabad High Court, where Justice Hameed-ur-Rahman was one of the two judges who admitted his appeal for hearing.
Extremist Islamist groups have frequently held demonstrations calling for Asia bibi to be hanged.
A day before the Supreme Court was scheduled to hear Asia bibi’s appeal, an Islamist group publicly threatened it would take to the streets if Asia bibi was acquitted.
Asia bibi’s lawyer, Saif-ul-Malook, has also stated he has received threats for pursuing her case.
Under Pakistani and international standards, judges have a right and a duty to decide cases before them according to the law, free from fear of reprisals.
Governments must also ensure that lawyers are able to perform all of their professional functions without intimidation, hindrance, harassment or improper interference from any person.
In a report published last year, the ICJ documented a pattern of threats and violence in blasphemy cases in Pakistan.
Judges who hear blasphemy cases are often harassed and threatened by those who demand that the suspect be convicted.
Some judges have reported receiving letters and phone calls warning them of attacks against themselves and their families if defendants in blasphemy cases are acquitted.
Where hearings are public, courtrooms are often packed with hostile crowds, chanting slogans against the accused. Often, these crowds are linked to violent Islamist groups.
The Government should take notice of this pattern of threats and reprisals and ensure the judges and lawyers in Asia bibi’s case are given adequate security to perform their duties independently and impartially, said the ICJ.
Contact:
Sam Zarifi, ICJ Asia Pacific Regional Director (Bangkok), t: +66 807819002; e: sam.zarifi(a)icj.org
Reema Omer, ICJ International Legal Adviser for Pakistan (London), t: +44 7889565691; e: reema.omer(a)icj.org
Additional Information
Asia Noreen (Asia bibi) has been on death row since 2010, when a trial court convicted her of “defaming the Prophet Muhammad” and sentenced her to death. The Lahore High Court upheld her conviction and confirmed her death sentence in 2014.
In a briefing paper published on Wednesday, the ICJ assessed the fair trial violations in Asia bibi’s trial and appellate hearing.
The ICJ found glaring omissions both in the appraisal of evidence as well as the application of laws that brought her conviction into question.
Oct 12, 2016 | News
In a briefing paper released today, the ICJ provides answers to key questions regarding the blasphemy case against Asia Noreen (Asia bibi), a 45-year old Christian woman convicted and sentenced to death for “defaming the Prophet Muhammad” in 2010.
Tomorrow, on Thursday 13 October 2016, the Supreme Court of Pakistan is scheduled to hear Asia bibi’s appeal challenging her conviction and death sentence for blasphemy.
The Lahore High Court had upheld her conviction and sentence in October 2014.
“Asia bibi has been on death row for six years under a bad law that has been improperly applied,” said Sam Zarifi, ICJ’s Asia Director.
“The Supreme Court has previously held that people accused of blasphemy in Pakistan ‘suffer beyond proportion or repair’– Asia bibi’s case is an illustration of that injustice and suffering,” he added.
If the Supreme Court upholds her conviction, Asia bibi will be at the risk of execution, with only limited options of filing for a review of the judgment and making a mercy petition to the President of Pakistan.
The Supreme Court has so far not upheld any convictions for blasphemy under section 295-C of the Penal Code (defamation of the Prophet Muhammad).
The briefing paper explains the allegations against Asia bibi and assesses the violations of Pakistani and international fair trial standards during her blasphemy trial and high court appeal.
“This is the first blasphemy appeal being heard by the Supreme Court since 2002,” Zarifi said.
“All eyes are on the Court to see if it will provide justice to Asia bibi, and whether it will try to clean up some of the manifest injustices of the blasphemy law and how it’s being applied today,” he addedd.
The ICJ opposes laws that criminalize the exercise of freedom of expression as protected by international law and standards, including in relation to religion, and opposes capital punishment in all circumstances.
The death penalty constitutes a violation of the right to life and the right not to be subjected to cruel, inhuman or degrading punishment.
Contact:
Sam Zarifi, ICJ Asia Pacific Regional Director (Bangkok), t: +66 807819002; e: sam.zarifi(a)icj.org
Reema Omer, ICJ International Legal Adviser for Pakistan (London), t: +44 7889565691; e: reema.omer(a)icj.org
Additional Information:
In November last year, the ICJ published a report documenting in detail systematic and widespread violations of the right to a fair trial in proceedings related to blasphemy offences in Pakistan, particularly in trial courts. The report confirmed concerns raised by the Supreme Court of Pakistan that individuals accused of blasphemy ‘suffer beyond proportion or repair’ in the absence of adequate safeguards.
The ICJ also made a number of recommendations to the Pakistani executive, legislative and judicial branches to address violations caused by application of the blasphemy laws, whether due to the legislative provisions themselves or at the investigative, prosecutorial, procedural, administrative and judicial levels highlighted in the report, including to ensure that those accused of blasphemy have a fair chance at defending themselves.
pakistan-asia-bibi-qa-advocacy-2016-eng (full Q & A, in PDF)
