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)
Oct 11, 2016 | News
Today, the ICJ observed a hearing in the case of Azimzhan Askarov, a prominent human rights defender in Kyrgyzstan, convicted in 2011 of murder and incitement to ethnic hatred, after an unfair trial, and sentenced to life imprisonment.
Azimzhan Askarov is appealing against his conviction following a decision of the UN Human Rights Committee.
The Chuy Court began the appeal hearing in the case on 4 October, following the findings of the UN Human Rights Committee that Azimzhan Askarov’s arrest, detention and trial violated the International Covenant on Civil and Political Rights (ICCPR), including the prohibition on torture or other ill-treatment, the prohibition on arbitrary detention, and the right to fair trial.
As a result, the Supreme Court ordered a reconsideration of the case earlier this year.
At today’s hearing a witness who was Askarov’s former cellmate confessed that he beat Askarov up in detention, which is the first time that direct testimony about Askarov’s torture or other ill-treatment has been presented to the Court.
Previously such allegations were refuted by the prosecution.
The next hearing is scheduled for 18 October. The ICJ will continue monitoring the case in future hearings.
Contact
Róisín Pillay, e: roisin.pillay(a)icj.org
Dmitry Nurumov, e: dmitry.nurumov(a)icj.org
Background
Azimzhan Askarov, a prominent human rights defender, was convicted of murder and incitement to ethnic hatred and sentenced to life imprisonment in December 2011.
The charges concerned allegations of his participation in a murder of Myktybek Sulayamanov, a police officer, during the 2010 ethnic clashes in the South of Kyrgyzstan.
The ICJ observed the appeal hearing in the case before the Supreme Court on 20 December 2011.
Based on the results of the mission as well as the documents of the case, the ICJ published a detailed report on the arrest, detention and trial of Azimzhan Askarov.
In March 2016, the UN Human Rights Committee issued a decision in regard to Askarov’s complaint and found violations of Articles 7 (freedom from torture), Article 9 (prohibition of arbitrary detention); Article 10 (right to humane treatment in detention), Article 14 (right to a fair trial) of the International Covenant on Civil and Political Rights.
On 12 July 2016, the Supreme Court ordered a further reconsideration of the case on appeal.
The Chuy Regional Court is currently considering the case.
kyrgyzstan-askarov-trial-obs-news-web-story-2016-rus (full story in Russian, PDF)
Oct 11, 2016 | News
Thailand should immediately end the use of Article 44 of the Interim Constitution which gives the Head of the military junta sweeping, unchecked powers contrary to the rule of law and human rights, said the ICJ today.
Despite widespread international condemnation of Article 44, its use has increased every year since the Interim Constitution was promulgated on 22 July 2014 following the coup d’état of 22 May 2014.
The Head of the National Council for Peace and Order (NCPO), Prayut Chan-o-cha, has issued at least 107 Orders under Article 44 (available in the public domain): at least one in 2014; 44 in 2015; and 62 in 2016 to date – with 37 Orders being issued since June 2016 alone.
“The Head of the NCPO’s increasing willingness to use extraordinary powers to make ad hoc, arbitrary changes to existing laws and regulations without judicial oversight should be alarming to everyone, including the business sector,” said Wilder Tayler, Secretary General of the ICJ.
“Article 44 places law making power in the hands of one man, while Articles 47 and 48 of the Interim Constitution block judicial review or access to remedies and reparation. This is entirely inconsistent with the three fundamental pillars of the rule of law, equality, accountability and predictability, and should be revoked immediately,” he added.
The Article 44 orders range from those restricting the civil rights of all people in Thailand to those aimed at seemingly minor and ordinary bureaucratic processes.
To date, Article 44 has been used to introduce a raft of revisions into existing Thai law without observing proper process or practice, including providing for the acquisition of land for the establishment of Special Economic Zones bypassing the usual environmental and social checks and balances provided for in domestic legislation; granting military officers sweeping powers of investigation, arrest and detention; and prohibiting the gathering of five or more persons for political purposes.
“It is long past time for Thailand to revoke Article 44 and all others laws, orders and announcements issued since the military coup that are inconsistent with the rule of law and human rights,” Tayler said.
“The justifications the military presented for such measures were never valid or credible, and certainly not so after more than two years of direct military rule.”
All Orders issued under Article 44 – and all other NCPO Orders and Announcements – will continue to remain in force under the draft Constitution that was accepted at a public referendum on 7 August 2016, and may only be repealed or amended by an Act.
Last week, Deputy Prime Minister Wissanu Krea-ngam announced that the NCPO was considering converting many of the hundreds of orders issued by the NCPO into legislation, including those issued under Article 44.
thailand-art-44-ncpo-news-press-releases-2016-eng (full text with background, in PDF)
thailand-head-of-ncpo-orders-advocacy-2016-eng (full list of all publicly available Head of NCPO Orders, in PDF)
thailand-art-44-ncpo-news-press-releases-2016-tha (full text in Thai, PDF)
Oct 7, 2016 | News
The ICJ today expressed its serious concerns over the convictions on charges of incitement and extremism of Tajikistan lawyers Buzurgmehr Yorov and Nuriddin Makhkamov, and their sentencing to 23 and 21 years in prison respectively.
“These convictions, which continue a recent pattern of persecution of lawyers in the country, will contribute to the already poor climate for the independence of the legal profession in Tajikistan,” said Róisín Pillay, Director of the ICJ’s Europe and CIS Programme.
“The ICJ calls on the Government of Tajikistan to ensure that the two lawyers are able to appeal their convictions through a fair process before an independent court,” she added. “It should ensure that criminal prosecution is not used by the executive as a means to limit lawyers in the exercise of their professional duty, and that lawyers do not suffer any reprisals due to their identification with their clients’ causes.”
On 6 October, the two lawyers were sentenced by the Dushanbe City Court on a number of charges, which included incitement to feud, calls for a violent change of the constitutional order and extremist activity.
They were also banned from working as lawyers for five years after serving their sentences.
Buzurgmehr Yorov, head of the Sipar Collegium of Lawyers, was arrested on 28 September 2015. Nuriddin Makhkamov, a lawyer of the same Collegium, was taken into police custody on 22 October 2015.
Both lawyers represented members of the Islamic Renaissance Party of Tajikistan (IRPT) at the time of their arrests.
At the trial, which was closed to the public, with only relatives allowed to attend, the lawyers denied their guilt and argued that the case was politically motivated and related to their defence of IPRT members.
Buzurgmehr Yorov was reported to have testified during the trial that he took up the case not because of a sympathy for the IRPT but because of his professional duty as a lawyer.
These convictions raise significant concerns under international human rights law and international standards on the role of lawyers.
It is a fundamental principle, necessary for the right to fair trial and recognized in international standards on the role of lawyers, that lawyers should never be identified with their clients or their clients’ causes as a result of discharging their professional functions.
The UN Basic Principles on the Role of Lawyers further require governments to ensure that lawyers “are able to preform all of their professional functions without intimidation, hindrance, harassment or improper interference” (Principle 16).
The case also gives rise to concerns regarding respect for the right to a fair trial protected by Article 14 of the International Covenant of Civil and Political Rights, to which Tajikistan is a party.
“These attacks continue a wave of arrests and charges against lawyers in Tajikistan,” said Pillay.
“They create a chilling effect on the proper exercise of professional duties by other members of the legal profession, endangering the right to a fair trial and undermining the justice system,” she added. “The ICJ therefore calls on the Government to take urgent measures to prevent further such attacks on lawyers.”
Contact:
Róisín Pillay, Director, ICJ Europe and CIS Programme, t: +32 2 734 84 46; e: roisin.pillay(a)icj.org
Temur Shakirov, Legal Adviser, ICJ Europe and CIS Programme, t: +41 22 979 38 32; e: temur.shakirov(a)icj.org
Additional Information:
Buzurgmehr Yorov was arrested on 28 September 2015 and initially changed with fraud. Other charges were added later during his pre-trial detention. He was sentenced to 23 years imprisonment on charges of incitement to national, racial, local or religious feud (Article 189 of the Criminal Code (CC)), fraud (Article 247 of the CC), public calls to a violent change of the constitutional order (Article 307 of the CC), public calls to conduct extremist activity (Article 3071 of the CC), forgery, production or sale of forged documents, state awards, stamps, forms (Article 340 of the CC).
Nuriddin Makhkamov was arrested on 22 October 2015. He was initially charged with fraud. Further charges were added during his pre-trial detention. He was convicted on charges including incitement to national, racial, local or religious feud (Article 189 of the CC), fraud (Article 247 of the CC), public calls to a violent change of the constitutional order (Article 307 of the CC), public calls to conduct extremist activity (Article 3071 of the CC).
The IRPT was found to be a terrorist organization by the Supreme Court of Tajikistan in 2015 and banned. Its leaders received long prison sentences in closed trials on charges of terrorism, extremism and attempts to overthrow the constitutional order.
A number of other prominent lawyers have been arrested and convicted in Tajikistan since 2014. Some have been released, others remain in detention, including Shukhrat Kudratov, the lawyer of the former Minister of Energy Zaid Saidov, convicted on fraud and bribery charges in 2015.
tajikistan-yorov-makhkamov-news-web-story-2016-rus (full text in Russian, PDF)
