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PAKISTAN: Government must file FIRs for attempted murder against the religious leaders calling for the killing of innocent persons

January 10, 2011

ASIAN HUMAN RIGHTS COMMISSION – URGENT APPEALS PROGRAMME

Urgent Appeal General: AHRC-UAG-001-2011

 

10 January 2011
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PAKISTAN: Government must file FIRs for attempted murder against the religious leaders calling for the killing of innocent persons

ISSUES: Blasphemy law; religious intolerance; death threats; impunity; no rule of law

Dear friends,

The Asian Human Rights Commission received information that on 9 January 2011 according to police officials over 40,000 people gathered in the streets of Karachi, the capital of Sindh Province for a rally. The speakers of the rally announced over their public address system that anyone showing support for the amendments to the blasphemy laws should face the same fate as Salman Taseer. No officer of the law enforcement agencies or government officials including at least 3,000 members of the police, who were present at the meeting area, moved to silence them or did not take any action despite such death threat was made in in public. It has created serious death threats to the ordinary people of Pakistan.

CASE DETAILS:

On 9 January 2011, a rally was organised by Tahaffauz-e-Namoos-e-Risalat, which is a conglomerate of religious parties, opposed to amendments of the country's blasphemy laws. It is these possible amendments that were behind the assassination of the governor of the province, Salman Taseer by one of his own security guards. The rally, while demonstrating against the amendments also showed support for the assassin, Mumtaz Quadri. "He is a hero and we salute his courage," the speakers declared. It is known that more than 3,000 police officers were present, supposedly to maintain law and order. However, when the speakers announced over their public address system that anyone showing support for the amendments to the blasphemy laws should face the same fate as Salman Taseer no officer or government official moved to silence them. The vast majority of the participants were students from the Madrassas. One of the speakers was a member of the banned organisation, Jamaat-ud-Dawa which is banned by both Pakistan and the United States; however, once again, no move was made to prevent him from publically representing this banned organisation.

Mr. Salman Taseer was assassinated by police officer Mumtaz Quadri on 4 January 2010 while the other members of his security detail and regular police officers looked on and took no action. Quadri was able to expend 40 rounds from his machine pistol before placing it on the ground before him and surrendering. The speakers announced that if the government was to prosecute Quadri then thousands of 'Quadris' would emerge from their houses to copy the example of what he did to Salman Taseer. The liberal and progressive elements of society would be particularly targeted and would face the same fate.

In similar fashion to the lack of action by the police and the security detail during and following Salman Taseer's death the government has taken no action whatsoever to curtail the hate speeches and religious intolerance by the fundamentalist. Likewise following the rally of the 9th and despite the fact that the speakers openly called for the death of anyone showing support for the amendments to the blasphemy laws the Provincial government of Sindh has taken no action to file cases of incitement to murder against any of the speakers or organisations involved. In a previous Urgent Appeal by the Asian Human Rights Commission, dated 8 December 2010 we called for the government to prosecute the Muslim leader of Mahabat Khan Mosque, Peshawar who urged his followers and all Muslims to kill Aasia Bibi, offering them a reward of Rs. 500,000.00 for the act. Aasia Bibi is a 45-year-old Christian lady who was sentenced to death by a court for committing blasphemy. Her sentence is under appeal.

Mumtaz Quadri has been made a national hero by the Muslim religious leaders and throughout the country posters containing his picture are being distributed proclaiming him as a fighter against liberal and secular ideas and even against the United States who is believed to be behind the move to amend the blasphemy laws.

It was believed that immediately after the assassination of Salman Taseer the government would follow criminal and legal procedure in prosecuting the killer and taking action against the perpetrators of the hate speeches that urged him to commit the crime. However, the government's indifferent attitude regarding religious intolerance has proved it incapable of any sensible action. This is what allowed the rally in Karachi to proceed in turning the country into a narrow minded religious state based on hatred, sectarianism and violence.

Where is the law that should protect the ordinary citizen, be they Muslim, Christian or otherwise from the religious intolerance of one group that declares openly that anyone opposing them is marked for death? Article 9 of the Constitution of Pakistan explicitly states:

Security of person -- No person should be deprived of life or liberty save in accordance with law.

So, where and how is the government enforcing this article? According to Pakistani law anyone threatening to kill another person or inciting a third party to kill another person is liable to be tried for attempted murder.

Section 503 of the Pakistan Penal Code states that it is an offense to: Threaten a person with any injury. It further states that it is an offense to: ... cause that person to do any act which he is not legally bound to do as the means of avoiding the execution of such threat,.......

The government must take advantage of the existence of these laws to rein in any person or party that threatens anyone else with death or harm for whatever reason and bring them before the rule of law. It is vital at this time, when the citizens of the country are living in fear in an extremely volatile environment, that it must show courage. Action must be taken immediately against all of the religious leaders openly advocating murder to any person opposing the ideas and beliefs of the fundamentalists. The Sindh government must instruct the police to file FIRs against the speakers of the religious rally of January 9 who urged their followers and the public in general to kill anyone opposed to the misuse of the blasphemy laws. How is it possible that the killer of an innocent man, the chief executive of the province, is made out to be the hero? What message does this send to society? It is because of the silence of the government that sectarian strife will become rampant in Pakistan, not in the months and years to come, but in the days to follow.

The government must ban the distribution and exhibition of any posters portraying the killer, Mumtaz Quadri, as a hero and prosecute him according to the law.

SUGGESTED ACTION:
Please write the letters to the authorities mentioned here urging them to take strong action against the religious leaders who addressed to the rally in Karachi, Sindh, calling for death to the people who are asking for the amendment in the Blasphemy law. Please urge the government to courage to file the cases of attempt to murder against the religious leaders and ban all the posters of killer Mumtaz Qaudri which are portraying him as the hero.

The AHRC writes a separate letter to UN special rapporteur on the religious intolerance calling for his intervention into this case.

To support this appeal, please click here:

SAMPLE LETTER:

Dear __________,

PAKISTAN: Government must file FIRs for attempted murder against the religious leaders calling for the killing of innocent persons

Name of victim: Ordinary citizens of Pakistan
Names of alleged perpetrators:
1.Maulana Fazlur Rehman, Chief of Jamiat Ulema-e-Islam
2.Mr. Munawar Hassan, Chief of the Jamat-e-Islami,
3.Sahinzada Abul Khair Zubai, President of Jamiat Ulema-e-Pakistan
4.Maulana Yusuf Qasuri, Markazi Jamiat Ahl-Hadith,
5.Hafiz Hussain Ahmed, Jamiat-e-Islam,
6.Hafiz Saeed, Tanzeem-e-Ilami,
7.Maulana Allah Wasaya, Majlis-e-Khatm-e-Nabuwat,
8.Qari Hanif Jalundri, Wafaqul Madaras,
9.Pir Abdul Qadir, Markazi Jamat Ahle Sunnat,
10.Qari Mohammad Yaqub, Jamayud Dawa,
11.Mr. Halim Adil Shiekh, Mulim league Q

Date of incident: 9 January 2010
Place of incident: Karachi, capital of Sindh, PAKISTAN

I am writing to voice my deep concern regarding a rally of Muslim extremists in Karachi on January 9, 2010 where all Muslim leaders threatened the common citizens of the country to face the same fate as the late governor of Punjab, Punjab, Mr. Salama Taseer faced while cricising the blasphemy law.

It is for my shock that there was more than 3000 police officers and no one has moved to take action against the speakers who were openly threatening to kill and announcing a killer as the hero. No case yet has been lodged against the speakers.

For my knowledge the details of the case are; on January 9, 2011 according to police officials over 40,000 people gathered in the streets of Karachi, the capital of Sindh Province for a rally. The rally was organised by Tahaffauz-e-Namoos-e-Risalat which is a conglomerate of religious parties opposed to amendments of the country's blasphemy laws. It is these possible amendments that were behind the assassination of the governor of the province, Salman Taseer by one of his own security guards. The rally, while demonstrating against the amendments also showed support for the assassin, Mumtaz Quadri. "He is a hero and we salute his courage," the speakers declared. It is known that more than 3,000 police officers were present, supposedly to maintain law and order. However, when the speakers announced over their public address system that anyone showing support for the amendments to the blasphemy laws should face the same fate as Salman Taseer no officer or government official moved to silence them. The vast majority of the participants were students from the Madrassas. One of the speakers was a member of the banned organisation, Jamaat-ud-Dawa which is banned by both Pakistan and the United States; however, once again, no move was made to prevent him from publically representing this banned organisation.

Salman Taseer was assassinated by Quadri on 4 January while the other Mr. members of his security detail and regular police officers looked on and took no action. Quadri was able to expend 40 rounds from his machine pistol before placing it on the ground before him and surrendering. The speakers announced that if the government was to prosecute Quadri then thousands of 'Quadris' would emerge from their houses to copy the example of what he did to Salman Taseer. The liberal and progressive elements of society would be particularly targeted and would face the same fate.

I am appalled know that in similar fashion to the lack of action by the police and the security detail during and following Salman Taseer's death the government has taken no action whatsoever to curtail the hate speeches and religious intolerance by the fundamentalist. Likewise following the rally of the 9th and despite the fact that the speakers openly called for the death of anyone showing support for the amendments to the blasphemy laws the Provincial government of Sindh has taken no action to file cases of incitement to murder against any of the speakers or organisations involved. In a previous Urgent Appeal by the Asian Human Rights Commission, dated 8 December 2010 we called for the government to prosecute the Muslim leader of Mahabat Khan Mosque, Peshawar who urged his followers and all Muslims to kill Aasia Bibi, offering them a reward of Rs. 500,000.00 for the act. Aasia Bibi is a 45-year-old Christian lady who was sentenced to death by a court for committing blasphemy. Her sentence is under appeal.

I am shoked to know that Mumtaz Quadri has become a national hero and throughout the country posters containing his picture are being distributed proclaiming him as a fighter against liberal and secular ideas and even against the United States who is believed to be behind the move to amend the blasphemy laws.

It was believed that immediately after the assassination of Salman Taseer the government would follow criminal and legal procedure in prosecuting the killer and taking action against the perpetrators of the hate speeches that urged him to commit the crime. However, the government's indifferent attitude regarding religious intolerance has proved it incapable of any sensible action. This is what allowed the rally in Karachi to proceed in turning the country into a narrow minded religious state based on hatred, sectarianism and violence.

I call upon you that where is the law that should protect the ordinary citizen, be they Muslim, Christian or otherwise from the religious intolerance of one group that declares openly that anyone opposing them is marked for death? Article 9 of the Constitution of Pakistan explicitly states:

Security of person -- No person should be deprived of life or liberty save in accordance with law.

So, where and how is the government enforcing this article? According to Pakistani law anyone threatening to kill another person or inciting a third party to kill another person is liable to be tried for attempted murder.

Section 503 of the Pakistan Penal Code states that it is an offense to: Threaten a person with any injury. It further states that it is an offense to: ... cause that person to do any act which he is not legally bound to do as the means of avoiding the execution of such threat,.......

I urge that the government must take advantage of the existence of these laws to rein in any person or party that threatens anyone else with death or harm for whatever reason and bring them before the rule of law. It is vital at this time, when the citizens of the country are living in fear in an extremely volatile environment, that it must show courage. Action must be taken immediately against all of the religious leaders openly advocating murder to any person opposing the ideas and beliefs of the fundamentalists. The Sindh government must instruct the police to file FIRs against the speakers of the religious rally of January 9 who urged their followers and the public in general to kill anyone opposed to the misuse of the blasphemy laws. How is it possible that the killer of an innocent man, the chief executive of the province, is made out to be the hero? What message does this send to society? It is because of the silence of the government that sectarian strife will become rampant in Pakistan, not in the months and years to come, but in the days to follow.

I also urge that the government must ban the distribution and exhibition of any posters portraying the killer, Mumtaz Quadri, as a hero and prosecute him according to the law.

I look forward to your prompt action to provide substantial and comprehensive policy responses on the freedom of expression and prosecution of the religious Muslim leaders who openly justifying the murder of a governor and inciting the religious bigots to kill to who so ever asking for the amendment in blasphemy laws so that laws should not be misused.

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

4. 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 

6.Mr. Muhammad Ayaz Soomro
Minister for Law, Parliamantry Affairs & Criminal Prosecution Service
Sindh Assembly Building,
Court road, Karachi, Sindh province
PAKISTAN
Fax: +92 21 9211982
E-mail: secy.law@sindh.gov.pk

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

8. Ms. Nadia Gabol
Minister for Human Rights
Government of Sindh,
Pakistan secretariat, Barrack 92,
Karachi, Sindh Province
PAKISTAN
Fax: +92 21 9207044
Tel: +92 21 9207043 +92 21 9207043 +92 21 9207043 +92 21 9207043
E-mail: lukshmil@yahoo.com

9. 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 General
Document ID :
AHRC-UAG-001-2011
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Extended Introduction: Urgent Appeals, theory and practice

A need for dialogue

Many people across Asia are frustrated by the widespread lack of respect for human rights in their countries.  Some may be unhappy about the limitations on the freedom of expression or restrictions on privacy, while some are affected by police brutality and military killings.  Many others are frustrated with the absence of rights on labour issues, the environment, gender and the like. 

Yet the expression of this frustration tends to stay firmly in the private sphere.  People complain among friends and family and within their social circles, but often on a low profile basis. This kind of public discourse is not usually an effective measure of the situation in a country because it is so hard to monitor. 

Though the media may cover the issues in a broad manner they rarely broadcast the private fears and anxieties of the average person.  And along with censorship – a common blight in Asia – there is also often a conscious attempt in the media to reflect a positive or at least sober mood at home, where expressions of domestic malcontent are discouraged as unfashionably unpatriotic. Talking about issues like torture is rarely encouraged in the public realm.

There may also be unwritten, possibly unconscious social taboos that stop the public reflection of private grievances.  Where authoritarian control is tight, sophisticated strategies are put into play by equally sophisticated media practices to keep complaints out of the public space, sometimes very subtly.  In other places an inner consensus is influenced by the privileged section of a society, which can control social expression of those less fortunate.  Moral and ethical qualms can also be an obstacle.

In this way, causes for complaint go unaddressed, un-discussed and unresolved and oppression in its many forms, self perpetuates.  For any action to arise out of private frustration, people need ways to get these issues into the public sphere.

Changing society

In the past bridging this gap was a formidable task; it relied on channels of public expression that required money and were therefore controlled by investors.  Printing presses were expensive, which blocked the gate to expression to anyone without money.  Except in times of revolution the media in Asia has tended to serve the well-off and sideline or misrepresent the poor.

Still, thanks to the IT revolution it is now possible to communicate with large audiences at little cost.  In this situation there is a real avenue for taking issues from private to public, regardless of the class or caste of the individual.

Practical action

The AHRC Urgent Appeals system was created to give a voice to those affected by human rights violations, and by doing so, to create a network of support and open avenues for action.  If X’s freedom of expression is denied, if Y is tortured by someone in power or if Z finds his or her labour rights abused, the incident can be swiftly and effectively broadcast and dealt with. The resulting solidarity can lead to action, resolution and change. And as more people understand their rights and follow suit, as the human rights consciousness grows, change happens faster. The Internet has become one of the human rights community’s most powerful tools.   

At the core of the Urgent Appeals Program is the recording of human rights violations at a grass roots level with objectivity, sympathy and competence. Our information is firstly gathered on the ground, close to the victim of the violation, and is then broadcast by a team of advocates, who can apply decades of experience in the field and a working knowledge of the international human rights arena. The flow of information – due to domestic restrictions – often goes from the source and out to the international community via our program, which then builds a pressure for action that steadily makes its way back to the source through his or her own government.   However these cases in bulk create a narrative – and this is most important aspect of our program. As noted by Sri Lankan human rights lawyer and director of the Asian Human Rights Commission, Basil Fernando:

"The urgent appeal introduces narrative as the driving force for social change. This idea was well expressed in the film Amistad, regarding the issue of slavery. The old man in the film, former president and lawyer, states that to resolve this historical problem it is very essential to know the narrative of the people. It was on this basis that a court case is conducted later. The AHRC establishes the narrative of human rights violations through the urgent appeals. If the narrative is right, the organisation will be doing all right."

Patterns start to emerge as violations are documented across the continent, allowing us to take a more authoritative, systemic response, and to pinpoint the systems within each country that are breaking down. This way we are able to discover and explain why and how violations take place, and how they can most effectively be addressed. On this path, larger audiences have opened up to us and become involved: international NGOs and think tanks, national human rights commissions and United Nations bodies.  The program and its coordinators have become a well-used tool for the international media and for human rights education programs. All this helps pave the way for radical reforms to improve, protect and to promote human rights in the region.