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PAKISTAN: Torture of two men after being falsely charged under blasphemy law

October 9, 2006

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ASIAN HUMAN RIGHTS COMMISSION - URGENT APPEALS PROGRAMME

Urgent Appeal

10 October 2006
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UA-335-2006 PAKISTAN: Torture of two men after being falsely charged under blasphemy law

PAKISTAN: Torture; blasphemy law; fabrication of charges; religious discrimination; police abuse; impunity; un-rule of law
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Dear friends,

The Asian Human Rights Commission (AHRC) has received information about the severe torture of two men by the Saddar police in Faisalabad district, Punjab province, Pakistan on 10 September 2006. The victims have been reportedly charged with a false blasphemy case after the police failed to present concrete evidence of an alleged theft case against them. In Pakistan, charging a person with the blasphemy laws is the easiest way to book any minority person. We also received information that the families of the victims fled their homes due to the brutal attack by local Muslims and that the lives of the victims are in danger due to constant threats by the other inmates in the jail. We call for your immediate intervention into this case to ensure the safety of the victims. 

On 31 August 2006, a doctor named Mr. Arshad Mehmood Khan hired Shahid Masih's brother Mr. Farooq Masih to whitewash his clinic, which is located at Chak no. 208, Abid Shaheed road, Madina town, Faisalabad, Punjab province, Pakistan. The doctor later complained to Farooq that his younger brother Shahid stole some medicines from his clinic.  However he could not provide sufficient evidence to prove this.

Dr. Arshad went to the Saddar police station in Faisalabad on September 1 and attempted to register a theft case against Shahid and a Muslim watchman Mr. Mohammad Ghaffar, which police refused to accept due to lack of evidence. After several attempts, Dr. Arshad, on the advice of Saddar police, finally lodged a false case against the two men under sections 295 (B) and 308 of Pakistan Penal Code (PPC), known as the blasphemy law. In Pakistan, this is the easiest way to book any religious minority person.

On September 10, Dr. Arshad lodged a written complaint based a fabricated story to the Saddar police. In the complaint, he stated that when he came to his clinic on September 10, he found a volume of a book Tafseer Ibn-a- Qasser, which interpreted different verses of holly book Quran, was missing and only found its burnt cover. He also stated that he caught Mr. Mohammad Ghaffar, who confessed that he and Shahid burnt the pages." The Saddar police registered this false case under sections 295-B/ 308 of PPC (reference number: FIR No. 1537/06).

After that, Mr. Rana Umer Daraz, the then Station Head Officer (SHO) of the Saddar police, Mr. Zafar Iqbal, Assistant Sub Inspector (ASI), Police Constable No. 2980 Mr. Abdul Raoof, PC No. 4133 Mr. Mohammad Hayat and PC No. 2903 Mr. Munir Ahmed arrested Shahid and Mohammad Ghaffar on the same day and severely tortured them.

Meanwhile, after learning of the story which was fabricated by Dr. Arshad and the Saddar police, furious people in the area, who were from different mosques, attacked the houses of Shahid and Mohammad Ghaffar and the families of the both accused had to flee their homes.

This case is in complete violation of the laws of Pakistan. According to Section 196 of the Criminal Procedure Code of Pakistan, a blasphemy case can be registered only after the competent authority or a judicial magistrate reviews the case. In addition, there is no eyewitness to this case which is required under sections 38, 39, 40, and 43 of the Law of Evidence. 

The AHRC fears that there is a great possibility that the both falsely accused may be killed in prison as all the prisoners are threatening to take revenge on them for insulting the Quran. Besides this, their families also have been receiving death threats constantly from local clerics.

ADDITIONAL INFORMATION:

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.

The following are examples of some of the recent cases that illustrates how people suffer from the blasphemy laws.

1. On 30 September 2006, a 40-year-old Christian named Mr. Bashir Masih was killed in Bhawal Pur District Jail in a suspicious manner. He was sentenced to death by the district session court Punjab province under blasphemy laws only because he kept the Quran in his house.

2. On 25 September 2006, Mr. Shahbaz alias Kaka was sentenced to life imprisonment by a session court of Faisalabad, Punjab province under blasphemy laws. His appeal case is pending in the high court. He is currently detained in Faisalabad Jail, where he has been severely beaten several times by his inmates. His family is scared that he will be killed in prison.

3. A Muslim mob set ablaze a Hindu temple of Hindu and destroyed the houses of Hindu residents, following a baseless allegation of the desecration of the Holy Quran by Yousaf Masih (60) in June 2005 at Nowshera district, North West Frontier province.

4. On 19 February 2006, a mob attacked St. Mary's Church, St. Xavier's Church and St. Mary's School at Sukkar, Sindh province. The attacks resulted from an abuse of blasphemy laws as Mr. Irfan, a Muslim convert, allegedly tried to implicate his Christian father-in-law, Mr. Saleem, in burning a copy of Holy Quran. After the investigation, Mr. Irfan later confessed that he fabricated the story against his father-in-law.

Here are some other blasphemy cases that we have issued urgent appeals for:

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 a letter to following authorities and urge their urgent intervention into this case. Please also urge the Pakistan government to abolish blasphemy laws without further delay.

To support this appeal, please click:

Sample letter:

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Dear ________,

PAKISTAN: Torture of two men after being falsely charged under blasphemy law

Name of the victims:
1. Mr. Shahid Masih, son of Mr. Munawer Masih, resident of Chak No. 208, Abid Shaheed road, Madina town, Faisalabad district, Punjab province, Pakistan
2. Mr. Mohammad Ghaffar, son of Mr. Lal Din, Od (gypsy) by caste, resident of Habib Chowk 204, Faisalabad district, Punjab province
Alleged perpetrators:
1. Dr. Arshad Mehmood, son of Ghazanfer Ali, Rajpoot by caste, resident of Abid Shaheed road, Madina town, Faisalabad, district, Punjab province; his clinic is located his clinic, where is located at Chak no. 208, Abid Shaheed road, Madina town
2. Mr. Rana Umer Daraz, Sub Inspector of Faisalabad police and the then Station House Officer of the Saddar police station in Faisalabad (at the time of incident)
3. Mr. Zafar Iqbal, Investigation officer and Assistant Sub Inspector of the Saddar police station
4. PC 2980 Mr. Abdul Raoof of the Saddar police station
5. PC 4133 Mr. Mohammad Hayat Saddar police station
6. PC 2903 Mr. Munir Ahmed Saddar police station

I am deeply concerned about the two victims mentioned above who have been falsely charged under the blasphemy laws. I was also informed that they were severely tortured by the Saddar police after their arrest on 10 September 2006.

To describe the case details briefly, on 1 September 2006, a doctor named Mr. Arshad Mehmood Khan attempted to lodge a theft case from his clinic against the two victims with the Saddar police who refused to accept it due to lack of evidence. However, after several attempts, Dr. Arshad, on the advice of Saddar police, finally lodged a fabricated case against the two victims under sections 295 (B) and 308 of Pakistan Penal Code (PPC), known as the blasphemy law. I am aware that this is the easiest way to book any minority person in Pakistan.

In his written complaint submitted to Saddar police on September 10, Dr. Arshad stated that when he came to his clinic on the morning of September 10, he found a volume of a book Tafseer Ibn-a- Qasser was missing and only found its burnt cover and then he caught Mr. Mohammad Ghaffar, who confessed that he and Shahid Masih burnt the pages. The Saddar police registered this false case under sections 295-B/ 308 of PPC (reference number: FIR No. 1537/06).

I was also informed that the two victims were arrested and then brutally tortured by Mr. Rana Umer Daraz, the then Station Head Officer (SHO) of the Saddar police at the time of incident, Mr. Zafar Iqbal, Assistance Sub Inspector (ASI), Police Constable No. 2980 Mr. Abdul Raoof, PC No. 4133 Mr. Mohammad Hayat and PC No. 2903 Mr. Munir Ahmed.

I am challenging this case because it completely violates the laws of Pakistan. According to Section 196 of Criminal Procedure Code of Pakistan, a blasphemy case can be registered only after the competent authority or a judicial magistrate reviews the case. In addition, there is no eyewitness to this case and other sufficient evidence that is required under sections 38, 39, 40, and 43 of Law of Evidence. 

I am also concerned by the safety of the victims and their families. I am informed that the families of the two victims had to flee their homes due to violent attack by furious Muslim villagers and have been receiving death threats all the time from local Muslim clerics. I also fear that there is a great possibility that the victims may be killed in prison as their inmates are threatening them to take the revenge on them for insulting the Quran. 

Under the circumstances, I strongly urge you to order an immediate and independent inquiry about this alleged fabricated blasphemy case and brutal torture against two victims. Those who are responsible for the fabrication of the case and torture must be arrested and then prosecuted by law as soon as possible. Meanwhile, I also urge you to provide prompt and effective protection to the victims to ensure their safety. I further urge you to inquire about the attacks and constant death threats to the families of the victims and bring those responsible to justice immediately.

Without strong and constant intervention from the Government of Pakistan, fundamental rights of people will be continued to be violated under the draconian blasphemy laws. The Pakistan government should listen to huge outcry of abolishing the blasphemy laws from inside and outside of the country and respond to it accordingly without further delay.

Yours truly,


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SEND YOUR LETTER TO:

1. General Pervez Musharraf
President
President's Secretariat
Islamabad
PAKISTAN
Fax: +92 51 922 1422, 4768/ 920 1893 or 1835
E-mail: (please see - http://www.presidentofpakistan.gov.pk/WTPresidentMessage.aspx)

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

3. Mr. Mohammad Ijaz ul Haq
Minister of Religious Affairs
Zakat & Ushr Wing
Near GPO, Islamabad
PAKISTAN
Tel: +92 51 921 4856
E-mail: minister@mra.gov.pk or infor@mra.gov.pk 

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

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

6. Choudhry Pervez Ihhah
Chief Minister of Punjab
Chief Minister House
Lahore
PAKISTAN

7. Secretary of Law and Parliamentary Government of Punjab
Punjab Secretariat
Ravi Road
Lahore
PAKISTAN
E-mail: law@punjab.gov.pk 

8. Ms. Asma Jahangir
UN Special Rapporteur on the right to freedom of religion or belief
Attn.: Anthony Cardon
C/o OHCHR-UNOG
1211 Geneva 10
SWITZERLAND
Tel: +41 22 917 93 88
Fax: +41 22 917 9006 (ATTN: SPECIAL REPPORTEUR ON THE RIGHT TO FREEDOM OF RELIGION OR BELIEF)


Thank you.

Urgent Appeals Programme
Asian Human Rights Commission (AHRC)

Document Type :
Urgent Appeal Case
Document ID :
UA-335-2006
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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.