Mar 15, 2017 | Advocacy, Non-legal submissions
The ICJ and Human Rights Commission of Pakistan (HRCP) made a statement to the UN Human Rights Council highlighting the alarming human rights situation developing in Pakistan.
The statement addressed the situation for human rights defenders, abuse of blasphemy laws, and violations in the context of countering terrorism.
“Pakistan has increased its clamp down on human rights defenders, even attempting to shut down NGOs for reasons such as the NGO “presenting a very bleak picture of human rights” to the UN.
State agents have subjected human rights defenders exercising their right to freedom of expression and peaceful assembly to excessive force and even prosecution under Pakistan’s anti-terrorism laws. Others have been assaulted, killed or forcibly disappeared. Not a single perpetrator has been successfully brought to justice.
Misuse and persecution are inherent in the logic, structure and formulation of blasphemy laws in Pakistan: vague and over-broad language leaves them open to abuse; they blatantly discriminate against minority religions and sects; they are incompatible with the rights to freedom of expression and religion; and their implementation raises serious fair trial concerns.
Finally, Pakistan’s counter-terrorism laws and policies disregard human rights protections, including in the practice of enforced disappearances of terrorism suspects and others, and in the exposure of civilians accused of terrorism-related offences to unfair, secret and opaque trials in military courts. Laws such as the Actions (in Aid of Civil Powers) Regulations allow indefinite detention without judicial supervision.
The statement can be downloaded in PDF format here: HRC34-Pakistan-OralStatement-2017
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)
Jan 29, 2016 | News
The Myanmar authorities must immediately release and drop all charges or quash convictions against all people detained for allegedly having the “deliberate and malicious intention to insult religion,” said the ICJ today.
While President Thein Sein had declared an amnesty on 22 January for 102 prisoners, including 52 political prisoners, it is unclear exactly how many prisoners continue to be detained in prison under section 295A of the Penal Code and awaiting trials for blasphemy.
“Charging and imprisoning people on charges under Myanmar’s blasphemy laws is inconsistent with human rights including freedom of opinion and expression, freedom of thought, conscience, and religion, the right to liberty, and the right to equality before the law without discrimination,” said Sam Zarifi, ICJ’s Asia Director.
“The problem is compounded in Myanmar when courts have been convicting individuals in unfair trials and in the absence of evidence of any deliberate and malicious intent to insult religion,” he added.
Last week, President Thein Sein pardoned Philip Blackwood, a New Zealand citizen sentenced to two and a half years with hard labour for posting on Facebook a psychedelic image of the Buddha wearing headphones to promote a bar.
His colleagues Tun Thurein and Htut Ko Ko Lwin, Myanmar citizens, do not seem to have been released (although it is possible that they may have been granted amnesty as well).
Another detainee, Htin Linn Oo, a writer and National League for Democracy information officer who was sentenced to two years imprisonment with hard labour, has not been released.
U Nyar Na (aka) Moe Pyar Sayar Taw, a monk arrested in Kachin state in 2010 and charged under various provisions of the Penal Code, including section 295A, was sentenced to imprisonment for 20 years. His reported release during the amnesty last week remains unconfirmed.
These charges and convictions are in violation of international law, including a range of human rights guaranteed by the Universal Declaration of Human Rights and by international treaties, the ICJ says.
“The laws must be repealed or fundamentally changed, ongoing prosecutions ended, and those imprisoned for their beliefs or protected speech and other expression immediately and unconditionally released,” Zarifi said.
“These prosecutions seem to be a result of intense political pressure from extremist Buddhist political groups. As the Myanmar judiciary and legal system try to emerge from decades of political interference on with independence, it’s crucial that they act in the interests of justice and human rights,” he added.
The ICJ urges the Myanmar authorities to drop all charges against the accused persons who have not yet been tried; take immediate measures to secure the quashing of convictions under the law; and take effective measures to ensure the immediate and unconditional release of all detainees held pursuant Section 295A.
The ICJ also calls on the government to act to repeal or amend section 295A to bring it in line with international law and standards.
Contact:
In Bangkok: Sam Zarifi, ICJ Regional Director, Asia-Pacific Programme, t: +66807819002 ; e: sam.zarifi(a)icj.org
In Myanmar: Vani Sathisan, ICJ International Legal Adviser, t: +95 9250800301 ; e: vani.sathisan(a)icj.org
Additional information:
Myanmar’s Constitution guarantees the right to freedom of expression, conscience, and to freely profess and practice religion.
The UN Human Rights Committee established by the International Covenant on Civil and Political Rights (ICCPR) emphasizes that “Prohibitions of displays of lack of respect for a religion or other belief system, including blasphemy laws, are incompatible with the Covenant”. The only limited exception under the Covenant would be for proportionate and non-discriminatory measures to prohibit “advocacy of…religious hatred that constitutes incitement to discrimination, hostility or violence”. Section 295A falls far short of this threshold.
