Hotline Asia Urgent Appeals -- UA010905(9)

Stop Unlawful Death Penalty, Repeal Blasphemy Laws
~ PAKISTAN ~
5 September 2001

Action Requested || Sample Letter || Background
update

Summary

Dr. Younas Shaikh has been accused and charged under Pakistan's blasphemy laws, punishable with death, since October 2000. In November 2000, Hotline Issued UA001103(16) on his case as well as for the repeal of the blasphemy laws. This appeal was subsequently withdrawn at the request of his relatives.

On 18 August 2001, an Additional Sessions Court in Islamabad sentenced Dr. Younas Shaikh to death. His relatives have directly asked local sources for assistance in highlighting his plight to build national and international pressure to secure his release. Dr. Shaikh was sentenced for stating a historical fact about the Prophet Mohammed, and of blasphemy against his remarks, supposedly made during a routine lecture he gave in a medical college where he was a lecturer in physiology. He has been given a week's time to appeal in the High Court, as opposed to the usual 30 days.

Although it may take many months or even years for the Supreme Court to decide the case for the accused, and no one has been hanged due to blasphemy convictions, many Pakistanis languish in Pakistan jails after being accused or convicted under the country's draconian blasphemy laws.

 
Action Requested

To continue efforts for justice in Pakistan and to build international pressure, please write polite letters to show your concern over the death sentence awarded to Dr. Younas Shaikh and request the authorities to:

  1. Review the death sentence of Dr. Younas Shaikh in the interest of justice and

  2. Make efforts for the repeal of the Blasphemy Laws.

Send letters and faxes to:  
H.E. Pervez Musharraf
President of Pakistan
Aiwan-e-Sadar, Islamabad
Pakistan
Fax:
92-51-811 390
c.c. Copies to:  
Mr. Justice Irshad Hassan Khan
Chief Justice of Pakistan
Supreme Court of Pakistan
Constitutional Avenue, Islamabad
Pakistan
Fax:
92-51-921 3452
Dr. Abdul Fatteh Amor
The UN Special Rapporteur on Freedom of Religion or Belief
8-14 Avenue de la Paix
1211 Geneva 10
Switzerland
Fax:
41-22-917 9016
Diplomatic Representatives of Pakistan in your country.  
 

Sample Letter

We are deeply concerned about the death sentence of Dr. Younus Shaikh by an Additional Sessions Court in Islamabad on 18 August 2001. Dr. Shaikh, a peace activist and founder of the progressive group 'Enlightenment' has been accused under the blasphemy laws since last October. We are aware that his accusation and trial have not been just: the complainants were not present during the alleged offence, and justice and thorough investigation was compromised due to threats and pressure that influenced the Judges during the open court trial.

In this case, we humbly request and urge you to look into this case and put all your effort into giving justice to Dr. Shaikh. We take this opportunity to express that the "Blasphemy Laws" violate international standards for justice and human rights, and we urge you make efforts to repeal them for the sake of innocent victims.

 

Background

Dr. Younas Shaikh (46), a peace activist and founder of the progressive group 'Enlightenment' - a Pakistan-based organization, which is a member of the International Humanist and Ethical Union, has been accused of blasphemy since October 2000. He was charged of merely saying that neither Prophet Mohammed nor his Parents could logically have been Muslims before Islam was revealed to the Prophet. Last November, due to some reservations, his family did not want publicity around the case. However, they have recently asked for help from local organizations to help build international pressure after the decision of the sessions court.

On 18 August 2001 Dr. Younas Shaikh was sentenced to death by the Additional Sessions Judge, Islamabad, Mr. Safdar Hussain Malik, and fined an equivalent of US$1500. Charges of blasphemy against Dr. Shaikh's remarks, supposedly made in the course of a routine lecture he gave in a medical college where he was a lecturer in physiology, are malicious.

It was reported that none of the complainants to the police were eyewitnesses to the alleged offence. Moreover, the complaint was lodged by leaders of the Majlis Tahaffuz-i- Khatm-i-Nabuwat (Committee for the Protection of the Finality of the Prophethood), an alleged conservative organization that is known to have harassed and attacked non-orthodox Muslims in the past. In the course of the trial, one of the witnesses to the accusation was completely discredited, as it was shown that he was not present in class on the day Dr. Shaikh supposedly made his 'blasphemous remarks'.

As it always happens in Blasphemy cases, pressure for the judge was also obvious during Dr. Younas Shaikh's sessions court trial. A group of imminent fundamentalist clergy was present throughout the open court trial, thus overawing the judge and the defense.

In Pakistan, the procedure of the blasphemy cases may take months to years for the accused to appeal to the higher courts and finally to the Supreme Court to decide the case. Although so far no one has yet been hanged due to blasphemy convictions, many Pakistanis have languished in Pakistan jails after being accused or convicted of blasphemy.

The Blasphemy law in Pakistan existed since 1860 under British Criminal Law. Under the vague and arbitrary definition of blasphemy, it makes no stipulation about the actual intention of the acts nor define the crime it is meant to punish, yet is punishable by a mandatory death sentence. Human rights groups have long demanded that the unjust Laws be repealed as it is often abused against religious minorities or in personal vendettas and land disputes. There is a continuous call for the international community to express their concern on the unjust effect of the "Blasphemy Laws" and especially to call for justice for the recent victims.

[For information about Dr. Younas Shaikh's case please refer to UA001103(16); information on Blasphemy Laws in Pakistan can be found in UA980505(3) and UA000525(8)]

 

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Thank you for Your Continued Support!!