PAKISTAN: Seven Christians arrested in false blasphemy cases and men torture to extract false confession

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ASIAN HUMAN RIGHTS COMMISSION - URGENT APPEALS PROGRAM

17 April 2007
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UA-129-2007: PAKISTAN: Seven Christians arrested in false blasphemy cases and men tortured to extract false confessions

PAKISTAN: Discriminatory law against religious freedom of minority; implication of false case; torture; arbitrary detention
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Dear friends,

The Asian Human Rights Commission (AHRC) is deeply concerned by the alleged false blasphemy cases filed against 7 Christians in Sindh and Punjab province in April 2007. According to the information received from the Islamic Human Rights Commission (IHRO) and the Association of Peace and Prosperity (APP), 7 Christians were arbitrarily charged with blasphemy by the police without any investigation into the allegations. Further, in both cases, no inquiry was conducted by the district police officer or the officer bearing the above rank, which is a requirement under the amended Blasphemy law in 2004. It is also alleged that some of the victims have been brutally tortured by the police and forced to give false confessions about the accusation. Christian homes in the concerned areas were also allegedly attacked by Muslim extremists who remain at large, while local police have failed to intervene. In fact, the police indirectly supported the alleged perpetrators by filing a FIR against the victims in a hurried manner. The AHRC strongly calls for your immediate intervention into this matter. Please urge the Government of Pakistan to immediately launch an inquiry into the incidents, arrest those responsible and secure the release of the victims.    

CASE DETAILS:

Case 1:

Mr. Sattar Masih, a the 29-year-old worker at a water pumping station in Kotri city, resides in the Christian colony of Sikanderabad, Kotri city, Jamshoro district of Sindh province He was allegedly attacked by Muslim extremists on 13 April 2007.  After the attack, the victim was then arrested by the Kotri police in Kotri city on charges of blasphemy under sections 295A and 295C of Pakistan Penal Code (PPC). Section 295A states "deliberate and malicious acts intended to outrage religious feelings of any class by insulting its religion or religious believers", while section 295-C contends that the "Use of derogatory remarks, etc, in respect of the Holy Prophet " may result in the punishment of death or life imprisonment with a fine. 

After a 2004 amendment to the Blasphemy law, it was highlighted that an investigation should be conducted first by a high ranking officer with the status of District Police Officer (DPO). The amendment was made to prevent the blasphemy charges from being abused against religious minorities. However, the Kotri police filed a blasphemy case against the victim without fulfilling such legal requirement. 

On that day, during the Muslim prayers of Juma, Mr. Maulvi Umer, the leader of the Mohammadi Masjid (mosque) Telegraph colony in Kotri announced to the congregation that the mosque found some written papers in the donation boxes hanging outside the mosque, denouncing the Holy Prophet Mohammad (PBUH) saying that the prophet is a lie and asked people to come to author’s house to learn the truth. The message also allegedly had photos of the victim and the victim’s house address since he was nearly illiterate. The mosque leader Maulvi Umer then showed the letters to the worshipers that contained the photo of Mr. Sattar Masih with his residential address.

The astonished Muslim worshipers then attacked Mr. Sattar Masih's house and tried to kill him. The victim narrowly escaped with the help of a chief of union council of Sikanderabad. However, the mob went out of control causing the police to arrive at the scene. Surprisingly, the police then arrested the victim while not detaining any of the attackers.  

After the arrest, the Kotri police held Mr. Sattar Masih in the police lock up. With the help of alleged pressure from Muslim extremists, the police quickly filed an illegal blasphemy case against the victim before any investigation was conducted by the District Police Officer.

While the victim was in custody, the police allegedly tortured him to extract a forced confession. It is reported that one of the victim's hand was broken due to the police attack. The police also arrested Mr. Sattar Masih's uncle Mr. Mushtaq Masih from his workplace in Hyderabad district and recorded another alleged forced confession under the duress of torture.  

The family of Mr. Sattar Masih insists that the allegations against the victim are false. They say that the victim is incapable of writing such letters as he is not educated well and barely knows how to write his own name or numbers.

Meanwhile, houses of both victims were attacked and ransacked by Muslim fundamentalists.
The families of the two victims and their close friends fled to Karachi city to escape from further harassment. It is also reported that the Christian community in both cities of Kotri and Hyderabad are now under a direct threat from Muslim extremists, while local authorities are not providing any protection for them.

Case 2:

Mr. Salamat Masih is a 45-year-old resident of the Muslim dominated Bakhshi Park, Toba Tek Singh district, Sindh province. He has been living in the area for over 20 years with his family and has had no complaints relating to blasphemy against them during this period.

At around 11:00 am on 1 April 2007, a fight broke out between several Muslim boys and Danial Masih, the son of Salamat Masih, while they were playing a game. The children's fight soon turned into a fight between the parents of the children and was only resolved after the intervention of Muslim elders in the neighborhood. 

However, Mr. Abdul Ghaffar, the uncle of a Muslim boy named Faisal, refused to accept the intervention of elders and went to a Muslim seminary named Masjid Faizan-e-Madina where he reported the children's fight. As it was one of the day of the birth anniversary celebrations of the Prophet Mohammad (PBUH) on April 1, the seminary was full of worshipers. Abdul Ghaffar and others at the seminary then allegedly agreed to teach the Christians a lesson.   

Later that day at around 2:00 pm before the city’s big celebratory procession was about to commence, Mr. Abdul Ghaffar filed a report at the city police station of Toba Tek Singh.  The report claimed that Mr. Salamat Masih and four other Christian persons were responsible for the desecration of Islamic posters and stickers containing the name of Allah, Prophet Mohammad (PBUH) and other Islamic verses.  

Mr. Arif Ali Watto, the Station Head Officer (SHO), allegedly converted the report into a First Information Report (FIR) within 20 minutes without initiating any investigation into the allegation.  This translated into an illegal blasphemy case against the five persons. The five persons are; Mr. Salamat Masih, his son Mr. Rashid Masih and three others namely Sheela Masih, Bao Masih and Shabba Masih. All of them have been charged under sections of 295A, 295C, 452, 148 and 149 of Pakistan Penal Code. No inquiry by a police officer with a ranking of District Police Officer or above has been made in this case. 

After confirming that a blasphemy case was filed against the five Christians, Mr. Abdul Ghaffar, allegedly instigated people gathered at the seminary for the celebrations saying that Christians torn off sacred verses of Quran Shareef, holy book of Muslims, and disgraced the name of the Prophet Mohammad (PBUH) with shoes.

Upon hearing this, at around 3:00 pm on the same day, about 80 young Muslims from the main procession attacked the Christian colony close to Bakhshi Park. They ransacked the houses of Christians and assaulted several people who received injuries. Some Christian homes were also brunt down. During the attack, one young disabled Christian person named Ratan Masih was brutally hit with bricks and severely injured. He was later admitted to a civil hospital in the district.

The city police of Toba Tek Singh arrived at the scene of the incident late but did not take any positive action to intervene. At 7:00 pm, Father Bonnie Mendous and Mr. Sadaqt of APP along with some others went to the city police station to file a complaint against the attackers. However, the SHO Mr. Arif Ali Watto allegedly refused to register a FIR. They then visited several high ranking police officials, who all allegedly refused to register the complaints lodged by the Christians. Only at about 1:00 am the following morning, were they told that the police registered an FIR about the attack. However, the police refused to provide a copy of the report. 

On April 2, when the representatives of the Christian community visited the Toba Tek Singh city police station, the police again refused to provide a copy of the FIR to them. The Christian representatives met with different Muslim leaders who showed sympathy to the Christians regarding this matter to pressurize the police to register the case against the alleged attackers.

However, to date none of the alleged attackers whose names are mentioned in the FIR have been arrested by the police and a copy of the FIR has still not been provided. 

BACKGROUND INFORMATION:

The country's draconian blasphemy laws were described by Amnesty International as "'so vaguely formulated that they encourage, and in fact invite, the persecution of religious minorities or non-conforming members of Muslim majority." Despite an outcry for abolishing blasphemy laws, which seriously violate fundamental rights of people, from inside and outside of the country, the Pakistan government has yet to take any genuine steps to do so. Meanwhile, many citizens are being arrested, prosecuted and even killed under this draconian law.

In 1984 came the 295-C clause, usually referred to as the blasphemy law. It rather sweepingly stipulates that "derogatory remarks, etc., in respect of the Holy Prophet . . . either spoken or written, or by visible representation, or by any imputation, innuendo, or insinuation, directly or indirectly . . . shall be punished with death, or imprisonment for life, and shall also be liable to fine." Six years later, the stakes were raised when the Federal Sharia Court, where cases having to do with Islamic issues tend to be heard, ruled, "The penalty for contempt of the Holy Prophet . . . is death and nothing else." So far, none of the convicted has been executed, in part because scheduling an execution can take years. But lynch mobs have killed several of the accused. (Information source: Pakistan's Blasphemy Law: Words Fail Me by AKBAR S. AHMED, The Washington Post, May 19, 2002. Page B01)

Here are some other blasphemy cases that we have issued urgent appeals for:
UA-335-2006 PAKISTAN: Torture of two men after being falsely charged under blasphemy law
UA-196-2006: PAKISTAN: Under-trial prisoner killed following fabricated blasphemy charges having been laid against him
UA-214-2005: PAKISTAN: Desecration and destruction of churches and Christian property after blasphemy allegations at Sangla Hills, Pakistan
UP-148-2005: PAKISTAN: Tensions continue to simmer in alleged blasphemy case at Sangla Hills, Pakistan
UA-56-2004: PAKISTAN: A suspect in a blasphemy case died after being attacked by a policeman with a brick cutter

SUGGESTED ACTION:
Please write letters to the relevant authorities demanding that an independent investigation is launched and that the alleged perpetrators are brought to justice. Also urge the authorities to punish those police officers responsible for torture and for refusing to protect minority groups in the community. The AHRC has already written to the UN Special Rapporteur on the right to freedom of religion or belief regarding these cases and called for her urgent intervention.

To support this appeal, please click:

Sample letter:

Dear ________,

PAKISTAN: Seven Christians arrested in false blasphemy cases and man tortured to extract false confessions

CASE 1:
Name of victims:
1. Mr. Sattar Masih, aged 29, son of Mr. James Masih, the resident of Christian colony, Sikanderabad, Kotri city, Jamshoro district, Sindh province, Pakistan
2. Mr. Mushtaq Masih, the uncle of victim 1, the resident of American quarters, block 70, Christian colony. Latifabad town, Hyderabad district, Sindh province, Pakistan
Names of alleged perpetrators:
1. Mr. Mhammad Umer Bakao, Pesh Imam (leader of mosque) Masjide Mohammadi, Sikanderabad, Kotri city, Sindh province, Pakistan
2. Mr. Yaqoob Baruro, Sub Inspector and Investigation officer of the case, attacked to the Kotri police station
3. Mr. Mohammad Khan Baloch, the Station Head Officer (SHO) of the Kotri police station
4. Mr. Ahmed Khan Jamali, Assistant Superintendent of Police (ASP)-Investigation, Kotri
5. Mr. Khamiso Khan Menon, District Police Officer of Jamshoro
Date of incident: 13 April 2007

CASE 2:
Name of victims:
1. Mr. Salamat Masih, son of Sadique Masih
2. Mr. Rashid Masih, son of Victim 1
3. Mr. Bao Masihis
4. Mr. Sheela Masih
5. Mr. Shabba Masih
All of them are residents of Bakhshi Park, Toba Tek Singh district, Punjab province, Pakistan.
Names of alleged perpetrators:
1. Mr. Abdul Ghaffar, son of Mohammad Shareef, Masjid e Faizan, Talab Bazar, Toba Tek Singh, Punjab province, Pakistan
2. Mr. Arif Ali Watto, Station Head Officer (SHO) of City police station of Toba Tek Singh city
3. Mr. Aslam, Deputy Superintendent of police of Toba Tek Singh, Punjab province, Pakistan
Date of incident: 1 April 2007

I am writing to voice my deep concern over two alleged false blasphemy reports filed against minority Christian groups on April 1 and 13 April 2007. I ask that you immediately investigate each case and arrest those responsible for committing such hateful acts of random violence. Please allow me to explain to you the circumstances I have come to understand.  

On 13 April 2007, a 29 year old worker at a water pumping station in Kotri City named Mr. Sattar Masih was allegedly attacked by Muslim extremists. After the attack, the victim was then arrested by the Kotri police in Kotri city on charges of blasphemy under sections 295A and 295C of Pakistan Penal Code (PPC). I also know that after the arrest, Mr. Sattar Masih was held in lock up and quickly charged with a blasphemy case before any investigation was conducted by the District Police Officer.

The incident took place soon after Mr. Maulvi Umer, the leader of the Mohammadi Masjid (mosque) Telegraph colony in Kotri announced to his congregation during the Muslim prayers of Juma that the mosque found some written papers denouncing the Holy Prophet Mohammad (PBUH). The mosque leader Maulvi Umer then showed the letters to the worshipers that contained the photo of Mr. Sattar Masih with his residential address. The astonished Muslims then attacked the victim's house.

While the victim was in custody, the police allegedly tortured him to extract a forced confession. It is reported that one of the victim's hand was broken due to the police attack. The police also arrested Mr. Sattar Masih's uncle Mr. Mushtaq Masih from his workplace in Hyderabad district and recorded another alleged forced confession under the duress of torture. 

However, the family of Mr. Sattar Masih insists the innocence of the victim claiming that the victim is incapable of writing such letters as he barely knows how to write his own name or numbers. Meanwhile, houses of both victims were attacked and ransacked by Muslim fundamentalists.
The families of the two victims and their close friends fled to Karachi city to escape from further harassment.

This is not the only fabricated blasphemy case I have heard about happening this month. On 1 April 2007, a 45 year-old man named Mr. Salamat Masih and other four men, who is the residents of the Muslim dominated Bakhshi Park, Toba Tek Singh district, Sindh province fell victims to fabricated charges.

I have learned that at around 11:00 am, a fight broke out between several Muslim boys and Danial Masih, the son of Salamat Masih. The children's fight soon turned into a fight between the parents of the children and was only resolved after the intervention of Muslim elders in the neighborhood. 

However, Mr. Abdul Ghaffar, the uncle of a Muslim boy named Faisal, was dissatisfied about the intervention and went to a Muslim seminary named Masjid Faizan-e-Madina where he reported the children's fight. As it was one day of the birth anniversary celebrations of the Prophet Mohammad (PBUH) on April 1, Abdul Ghaffar and others at the seminary allegedly agreed to teach the Christians a lesson.   

Later that day at around 2:00 pm, Mr. Abdul Ghaffar filed a report at the city police station of Toba Tek Singh. The report claimed that Mr. Salamat Masih and four other Christian persons mentioned above were responsible for the desecration of Islamic posters and stickers containing the name of Allah, Prophet Mohammad (PBUH) and other Islamic verses.  

Mr. Arif Ali Watto, the Station Head Officer (SHO), allegedly converted the report into a First Information Report (FIR) within 20 minutes without initiating any investigation into the allegation.  All of them have been charged under sections of 295A, 295C, 452, 148 and 149 of Pakistan Penal Code. No inquiry by a police officer with a ranking of District Police Officer or above has been made in this case. 

I am also informed that after hearing this news, about 80 instigated young Muslims from the main procession attacked the Christian colony close to Bakhshi Park at around 3:00pm on the same day. They ransacked the houses of Christians and assaulted several people who received injuries. Some Christian homes were also brunt down. During the attack, one young disabled Christian person named Ratan Masih was brutally hit with bricks and severely injured. He was later admitted to a civil hospital in the district.

I know that the city police of Toba Tek Singh arrived at the scene of the incident late but did not take any positive action to intervene. When the victims reported the incident to the police, the SHO Mr. Arif Ali Watto allegedly refused to register a FIR. The police only registered the FIR about the attack only after receiving several complaints by the representatives of Christians.
However, the police have refused to provide a copy of the FIR to the victims. None of the alleged attackers have been arrested so far.  

I am particularly concern that in both cases, no inquiry was conducted by the district police officer or the officer bearing the above rank, which is a requirement under the amended Blasphemy law of 2004. In both cases, the police immediately charged the victims with blasphemy without conducting any inquiry into the allegations. I am also concerned that the victims of the first case have been brutally tortured by the police and forced to give false confessions about the accusation.

In light of the above, I strongly urge you to immediately investigate all parties responsible for the heinous act of instilling such fear in these minority groups, arrest those responsible and bring them to justice as soon as possible. The false blasphemy charges against the victims should be removed immediately and the victims should also be released. I also request you to take sanction against the responsible police officers who did not follow the legal requirement and showed the inaction in the two cases. Adequate compensation should be awarded to all the victims.

Lastly, I again urge the Government of Pakistan to abolish the blasphemy laws, which is abused to arbitrarily persecute and punish religious minorities or non-conforming members of Muslim majority.

Yours sincerely,

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PLEASE SEND YOUR LETTER TO:

1. Mr. Muhammad Wasi Zafar
Minister of Law, Justice and Human Rights
S Block Pakistan Secretariat
Islamabad
PAKISTAN
Fax: +92 51 920 2628
E-Mail: minister@molaw.gov.pk

2. Mr. Aftab Ahmed Khan Sherpao
Federal Minister of Interior
Room#404, 4th Floor, R Block,
Pak Secretariat
Islamabad (Pakistan)
Tel: +92 51 9212026
Fax: +92 51 9202624
E-mail: minister@interior.gov.pk

3. Mr. Mohamag Ali Durrani
Federal Minister for Information and Broadcasting
Government of Pakistan
Islamabad
PAKISTAN
Email: infominister@infopak.gov.pk

4. Dr. Ishrat UL Ibad
Governor of Sindh province
Karachi
PAKISTAN
Tel: + 92 21 920 1201
Fax: 92-21-9205041
E-mail: pvt_secretary@governorsindh.gov.pk (for private secretary of Governor)

5. Dr. Arbab Abdul Rahim
Chief Minister of Sindh
Chief Minister House
Karachi
PAKISTAN
Fax: 92-21-9202000

6. Chief Secretary
Government of Sindh
Chief Secretariat,
Karachi, Sindh province,
PAKISTAN
Tel: +92 21 921950
Fax: +92 21 9211946
Email: cs.sindh@sindh.gov.pk 

7. Secretary
(Criminal Prosecution) SGA &CD Department
Government of Sindh
Sindh Secretariat,
Karachi, Sindh Province.
PAKISTAN
Tel: +92 21 9213327-6
Fax: +92 21 9213873
Email: secy.cpsd@sindh.gov.pk

8. Lt. General Khalid Maqbool
Governor of Punjab
Governor House
Mall Road, Lahore
PAKISTAN
Fax: +92 42 9200023
E-mail: governor.sectt@punjab.gov.pk 

9. Chief Secretary of Government of Punjab
Punjab Secretariat
Lahore
PAKISTAN
Fax: +92 42 7324489
E-mail: chiefsecy@punjab.gov.pk 

10. Mr. Khusro Pervez Khan
Home Secretary
Punjab Secretariat
Lahore
PAKISTAN
E-mail: home@punjab.gov.pk

Thank you.

Urgent Appeals Programme
Asian Human Rights Commission (ahrchk@ahrchk.org)