PAKISTAN: A young Shia is charged with blasphemy — the judge and police demanded bribes for his release

ASIAN HUMAN RIGHTS COMMISSION - URGENT APPEALS PROGRAMME

Urgent Appeal Case: AHRC-UAC-063-2013
ISSUES: Judicial system, Torture,

Dear friends,

The Asian Human Rights Commission (AHRC) has received information that a young man is facing trial on blasphemy charges as he did not pay a bribe to the police and a judge of the anti-terrorism court (ATC). The witnesses in the case have not identified him as the main accused and even the sketches made by the investigators did not resemble him. However, being a person from the Shia Muslim sect the police implicated him in order to get huge amounts in bribes. They blackmailed his parents to bribe police officers threatening that the victim would face a blasphemy charge. The victim was tortured in the police station and two different prisons for no other reason than being a member of the Shia sect.

The victim is the nephew of a popular anchorperson of a television channel, who preaches Islam. The man refused to help him fearing that he too would be accused of being a Shia and lose his position.

CASE NARRATIVE:

Mr. Hamid Hussain 25 was arrested from his house at 2.30 A.M. on 21 March 2012 in a First Information Report (FIR) which was lodged six months ago on December 29, 2011 on the charge of blasphemy under sections of 285-A, 298 A and 34 of Pakistan Penal Code (PPC) for publishing and distributing a booklet against the holy personages and companions (Sahaba) of the Holy Prophet (Peace Be Upon Him). In this case actually three persons were made the accused namely, Ghulam Ali, Muhammad Saleem and Jameel Ahmed.

The victim, Hamid Hussain, was not mentioned in the FIR and nor did the three accused persons at any time of the investigation give his name. He was arrested after the authorities found his cell phone number on the booklet. However, that cell phone was snatched from him in 2007. It used to be his grandfather’s phone and after his death Hussain used it. This situation created a very conducive condition for the police as Hussain is from the Shia community. This made the authorities case stronger. Hussain’s father’s, Imran Liaquat Hussain, was himself a lawyer but he was not given the reasons of his son’s arrest and the victim was locked up in the police station, 20 kilometers away from his house. He was tortured the entire night and forced to confess that he was involved in publishing the booklet. One Sub Inspector (SI) Ghulam Ali Marwat was appointed investigation officer who, before putting the name of the victim in the FIR, allegedly bargained with Hussain’s parents to pay Rs. 2.5 million for the release of their son. If they failed to do so he would be implicated in a blasphemy charge as he is from the Shia sect and pamphlet was derogatory against the Sunnis, the largest sect of Islam.

After the failure of the deal Hussain was implicated in the case and his name was added as a supplementary accused person. He was kept in police lockup for 10 days where he passed through the torture to confess the crime of blasphemy. On one night he was kept in an unknown place and was tortured by other than policemen. However, because his father was a lawyer he was shifted back to the police lockup. After judicial remand he was shifted to the Karachi Central Prisons and was kept for many days in isolation ward which was only five by five feet. He was not allowed to see any visitors. The cells are built to keep hardened prisoners after their sentence but he was kept without trial. Next to his isolation cell a prisoner, Basharat Zaidi, also a Shia by sect who had been sentenced for blasphemy was murdered. Zaidi was declared by the prisoners as liable to be killed but the authorities did not take any notice of the declaration.

The victim’s uncle, Mr. Aamir Liaquat Hussain, the younger brother of Imran Liaquat, a prominent anchor person, has disassociated himself from the victim as he did not want to be accused of being the uncle of a blasphemer. The father of the victim, Imran Liaquat died in March 2013 while pursuing the case amid threats from the extremists and the police. Now the mother of the victim, Dr. Farhana Hussain is pursuing the case. She is the professor of Philosophy who some time ago was teaching in Iran. As of the present time no lawyer has taken up his case as they are scared of the consequences from the extremist groups.

The case is still under trial before the ATC where the witnesses have never at any time identified Hussain as a co-offender of blasphemy and clearly said before the ATC that they do not know him and, in fact, have never met him. The family members of the victim have accused Mr. Ghulam Mustafa Memon, the judge of the ATC for allegedly demanding that the family pay Rs. one million to obtain his exoneration from the charges of Blasphemy.

Mr. Hamid Hussain suffers from heart disease and the family has to pay Rs. 25000.00 every month to the Landhi prison’s authorities to save him from mental torture and for his protection. Please see the documents pertaining to this case.

SUGGESTED ACTION:
Please write the letters to the following authorities calling them to immediately release Mr. Hamid Hussain who was falsely implicated in the case of blasphemy and was passed through the severe torture to get his confessional statement. Please urge them to prosecute concerned police officials who have implicated him because he is from the Shia sect and who demanded bribes. An inquiry must be constituted so that criminal cases on the basis of any hate campaign may not be formed. Furthermore, the case must be shifted to Sindh High Court so that all the accused persons may have a fair trial.

The AHRC writes a separate letter to the UN Special Rapporteur on freedom of religion or belief and the Special Rapporteur on torture and other cruel, inhuman or degrading treatment or punishment calling for their intervention into this matter.

To support this case, please click here: SEND APPEAL LETTER

SAMPLE LETTER

Dear ___________,

PAKISTAN: A young Shia is charged with blasphemy — the judge and police demanded bribes for his release

Name of victim: Mr. Hamid Hussain son of late Mr. Imran Liaquat Hussain, resident of D-40, Paradise Homes, Block 4, Gulsh-e-Iqbal, Karachi, Sindh province
Names of alleged perpetrators:
1. Ghulam Ali Marwat, Sub Inspector of police
2. Shaukat Ali, Sub Inspector of police
Both officers are attached to Preddy police station, South Karachi, Sindh province
Date of incident: 21 March 2012
Place of incident: Preddy police station, Karachi, Sindh province

I am writing to voice my deep concern regarding the false implication of a young man from the Shia sect in a blasphemy case. The police and judge of the ATC a were allegedly tried for bribe and when the victim’s family was not able to pay huge amount of bribe he was implicated in the case.

I am informed that Mr. Hamid Hussain (25) was arrested from his house at 2.30 A.M. on 21 March 2012 in a First Information Report (FIR) which was lodged six months ago on December 29, 2012 on the charge of blasphemy under sections of 285-A, 298 A and 34 of Pakistan Penal Code (PPC) for publishing and distributing a booklet against the holy personages and companions (Sahaba) of the Holy Prophet (Peace Be Upon Him). In this case actually three persons were made the accused namely, Ghulam Ali, Muhammad Saleem and Jameel Ahmed.

I find it appalling that the victim, Hamid Hussain, was not mentioned in the FIR and nor did the three accused persons at any time of the investigation give his name. He was arrested after the authorities found his cell phone number on the booklet. However, that cell phone was snatched from him in 2007. It used to be his grandfather’s phone and after his death Hussain used it. This situation created a very conducive condition for the police as Hussain is from the Shia community. This made the authorities case stronger. Hussain’s father’s, Imran Liaquat Hussain, was himself a lawyer but he was not given the reasons of his son’s arrest and the victim was locked up in the police station, 20 kilometers away from his house. He was tortured the entire night and forced to confess that he was involved in publishing the booklet. One Sub Inspector (SI) Ghulam Ali Marwat was appointed investigation officer who, before putting the name of the victim in the FIR, allegedly bargained with Hussain’s parents to pay Rs. 2.5 Million for the release of their son. If they failed to do so he would be implicated in a blasphemy charge as he is from the Shia sect and pamphlet was derogatory against the Sunnis, the largest sect of Islam.

After the failure of the authorities to obtain the bribe Hussain was implicated in the case and his name was added as a supplementary accused person. He was kept in police lockup for 10 days where he passed through the torture to confess the crime of blasphemy. On one night he was kept in an unknown place and was tortured by other than policemen. However, because his father was a lawyer he was shifted back to the police lockup. After judicial remand he was shifted to the Karachi Central Prisons and was kept for many days in isolation ward which was only five by five feet. He was not allowed to see any visitors. The cells are built to keep hardened prisoners after their sentence but he was kept without trial.

It is very sad that the victim’s uncle, Mr. Aamir Liaquat Hussain, the younger brother of Imran Liaquat, a prominent anchor person, has disassociated himself from the victim as he did not want to be accused of being the uncle of a blasphemer. The father of the victim, Imran Liaquat died in March 2013 while pursuing the case amid threats from the extremists and the police. Now the mother of the victim, Dr. Farhana Hussain is pursuing the case. She is the professor of Philosophy who some time ago was teaching in Iran. As of the present time no lawyer has taken up his case as they are scared of the consequences from the extremist groups.

The case is still under trial before the ATC where the witnesses have never at any time identified Hussain as a co-offender of blasphemy and clearly said before the ATC that they do not know him and, in fact, have never met him. The family members of the victim have accused Mr. Ghulam Mustafa Memon, the judge of the ATC for allegedly demanding that the family pay Rs. one million to obtain his exoneration from the charges of Blasphemy.

I am informed that Mr. Hamid Hussain suffers from heart disease and the family has to pay Rs. 25000.00 every month to the Landhi prison’s authorities to save him from mental torture and for his protection.

I therefore urge you to immediately release Mr. Hamid Hussain who was not only falsely implicated in the case of blasphemy but also severely tortured to get his confessional statement. Please also prosecute the concerned police officials who have implicated him for no other reason than because he is from the Shia sect and who demanded bribes. Furthermore, I also ask that the case must be shifted to Sindh High Court so that all the accused persons may have a fair trial.

I look forward to your urgent intervention is this matter.

Yours sincerely,

—————-
PLEASE SEND YOUR LETTERS TO:

1. Mr. Hazar Khan Khoso
Prime Minister 
Prime Minister House 
Islamabad 
PAKISTAN 
Fax: +92 51 922 1596 
Tel: +92 51 920 6111 
E-mail: secretary@cabinet.gov.pk or pspm@pmsectt.gov.pk

2. Dr. Ishrat-ul-Ebad Khan 
Governor of Sindh province 
Karachi, Sindh Province 
PAKISTAN 
Fax: +92 21 920 5043 
Tel: +92 21 920 1201 +92 21 920 1201 +92 21 920 1201 +92 21 920 1201 
E-mail: governor@governorsindh.gov.pk

3. Justice Qurban Alvi
Chief Minister 
Karachi, Sindh Province 
PAKISTAN 
Fax: +92 21 920 2000 
Email: pressecy@cmsindh.gov.pk

4. Federal Minister for Human Rights 
Ministry of Human Rights 
Old US Aid building 
Ata Turk Avenue 
G-5, Islamabad 
PAKISTAN 
Fax: +92 51 9204108 
Email: sarfaraz_yousuf@yahoo.com

5. Chief Justice of Sindh High Court 
High Court Building 
Saddar, Karachi 
Sindh Province 
PAKISTAN 
Fax: +92 21 9213220 
E-mail: info@sindhhighcourt.gov.pk

6. Inspector General of Police 
Police Head office, I. I. Chundrigar Road 
Karachi, Sindh Province 
PAKISTAN 
Fax: +92 21 9212051 
E-mail: ppo.sindh@sindhpolice.gov.pk

Thank you.

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

Document Type : Urgent Appeal Case
Document ID : AHRC-UAC-063-2013
Countries : Pakistan,
Issues : Judicial system, Torture,