On Trial: the Implementation of Pakistan's Blasphemy Laws

On Trial: the Implementation of Pakistan's Blasphemy Laws
Author: International Commission of Jurists (1952- )
Publisher:
Total Pages: 61
Release: 2015
Genre: Blasphemy
ISBN: 9789290372141

"People accused of violating Pakistan's draconian 'blasphemy laws' face proceedings that are glaringly flawed, said the ICJ in a new report published today. 'Pakistan's blasphemy laws fly in the face of Pakistan's international legal obligations, including the duties to respect the rights of freedom of expression and freedom of religion and belief,' said Sam Zarifi, ICJ's Asia Director. 'But even worse, those facing accusations of blasphemy suffer through trials that are often fundamentally unfair.' In the 60-page report On Trial: the Implementation of Pakistan's Blasphemy Laws, the ICJ has documented in detail systematic and widespread fair trial violations in proceedings related to blasphemy offences in Pakistan, particularly in trial courts. Some of the problems documented in the report include: Intimidation and harassment of judges and lawyers that impede on the independence of the judiciary and the right to a defense; Demonstrable bias and prejudice against defendants by judges during the course of blasphemy proceedings and in judgments; Violations of the right to effective assistance of counsel; Rejection of bail and prolonged pre-trial detention; Incompetent investigation and prosecution that do not meet due diligence requirements under the law; The prosecution and detention of people living with mental disabilities; Inhumane conditions of detention and imprisonment, including prolonged solitary confinement. Pakistan's laws on 'offences related to religion'--sections 295-298-C of the Penal Code that are commonly known as 'blasphemy laws'--include a variety of crimes including misusing religious epithets, 'defiling' the Holy Quran, deliberately outraging religious sentiment, and using derogatory remarks in respect of the Prophet Muhammad. Sentences for these offences range from fines to long terms of imprisonment, and in the case of defamation of the Prophet Muhammad (section 295-C), a mandatory death sentence. 'Section 295 is a relic of the British colonial system that lends itself to human rights violations, including in Pakistan, India, Myanmar, and elsewhere,' Zarifi said. 'In Pakistan, General Zia-ul-Haq made additions to the laws that made them truly draconian.' Based on the analysis of over 100 judgments of the high courts and courts of first instance from 1986-2015 as well as interviews with defendants in blasphemy cases, their families, and defense counsel; judges, lawyers and police officials; and human rights activists, the report found: In 19 out of 25 cases under section 295-C (defamation of the Prophet Muhammad) studied by the ICJ, high courts have acquitted individuals convicted for blasphemy by trial courts. Glaring procedural irregularities and mala fide complaints are the grounds for acquittal on appeal in over 80 per cent of cases; Even in cases that ultimately result in acquittal, blasphemy proceedings suffer from undue delay--proceedings in trial courts can take on average three years, and appeals can take even longer, more than five years on average; Individuals accused of blasphemy under section 295-C are frequently denied bail even though they meet requirements under the law; Individuals detained pending trial or convicted for blasphemy are often kept in prolonged solitary confinement, at times, over a number of years. The report also confirms concerns recently raised by the Supreme Court of Pakistan that individuals accused of blasphemy 'suffer beyond proportion or repair', in the absence of adequate safeguards against misapplication or misuse of such blasphemy laws, the Geneva-based organization says. The ICJ has also made a number of recommendations to the Pakistani executive, legislative and judicial branches to address the defects in the framing of the blasphemy laws as well as of the shortcomings at the investigative, prosecutorial, procedural, administrative and judicial levels highlighted in the report to minimize the misuse of the blasphemy laws and ensure that those accused of blasphemy have a fair chance at defending themselves. 'It's time Pakistan and other countries got rid of these noxious laws, which continue to stifle freedom of expression and freedom of religion or belief, and instead promote extremism and intolerance,' Zarifi added."--

Respecting Rights?

Respecting Rights?
Author: U S Commission on International Religious Freedom
Publisher: Government Printing Office
Total Pages: 152
Release: 2017-08
Genre: Education
ISBN: 9780160942938

This report examines and compares the content of laws prohibiting blasphemy ("blasphemy laws") worldwide through the lens of international and human rights law principles. The laws examined in this study prohibit or criminalize the expression of opinions deemed "blasphemous," or counter to majority views or religious belief systems, and many impose serious, often criminal, penalties. Blasphemy laws are actively enforced in many states throughout the world. Many governments deem repeal not feasible or desirable and justify the prohibition and criminalization of blasphemy as necessary to promote religious harmony. This study seeks to evaluate the language and content of blasphemy laws to understand what aspects of these laws adhere to--or deviate from--international and human rights law principles. A better understanding of the laws' compliance with these principles may assist in the public policy community in developing clear, specifically-tailored recommendations for areas for reform. Related products: Explore ourFaith-Based Education resources collection Discover ourHuman Rights collection

World Report 2019

World Report 2019
Author: Human Rights Watch
Publisher: Seven Stories Press
Total Pages: 847
Release: 2019-02-05
Genre: Political Science
ISBN: 1609808851

The best country-by-country assessment of human rights. The human rights records of more than ninety countries and territories are put into perspective in Human Rights Watch's signature yearly report. Reflecting extensive investigative work undertaken by Human Rights Watch staff, in close partnership with domestic human rights activists, the annual World Report is an invaluable resource for journalists, diplomats, and citizens, and is a must-read for anyone interested in the fight to protect human rights in every corner of the globe.

Muslims against the Muslim League

Muslims against the Muslim League
Author: Ali Usman Qasmi
Publisher: Cambridge University Press
Total Pages: 418
Release: 2017-09-15
Genre: History
ISBN: 1108621236

The popularity of the Muslim League and its idea of Pakistan has been measured in terms of its success in achieving the goal of a sovereign state in the Muslim majority regions of North West and North East India. It led to an oversight of Muslim leaders and organizations which were opposed to this demand, predicating their opposition to the League on its understanding of the history and ideological content of the Muslim nation. This volume takes stock of multiple narratives about Muslim identity formation in the context of debates about partition, historicizes those narratives, and reads them in the light of the larger political milieu of the period. Focusing on the critiques of the Muslim League, its concept of the Muslim nation, and the political settlement demanded on its behalf, it studies how the movement for Pakistan inspired a contentious, influential conversation on the definition of the Muslim nation.

Blasphemy and Freedom of Expression

Blasphemy and Freedom of Expression
Author: Jeroen Temperman
Publisher: Cambridge University Press
Total Pages: 771
Release: 2017-11-16
Genre: Law
ISBN: 1108416918

This book details the legal ramifications of existing anti-blasphemy laws and debates the legitimacy of such laws in Western liberal democracies.

Prison Bound

Prison Bound
Author: Vikram Parekh
Publisher: Human Rights Watch
Total Pages: 162
Release: 1999
Genre: History
ISBN: 9781564322425

Abuses by Jail Staff

Crime and Punishment in Islamic Law

Crime and Punishment in Islamic Law
Author: Rudolph Peters
Publisher: Cambridge University Press
Total Pages: 242
Release: 2005
Genre: History
ISBN: 9780521792264

This book, first published in 2006, is an account of the theory and practice of Islamic criminal law.

Beyond Reason

Beyond Reason
Author: Human Rights Watch (Organization)
Publisher: Human Rights Watch
Total Pages: 51
Release: 2001
Genre: Capital punishment
ISBN:

"Beyond Reason: The Death Penalty and Offenders with Mental Retardation" is a March 2001 document of Human Rights Watch that focuses on the execution of people with mental retardation in the United States. Human Rights Watch notes that 25 U.S. states permit capital punishment for offenders who are mentally retarded. The agency recommends that until capital punishment is completely abolished in the United States, offenders with mental retardation should be exempted from a sentence of death or execution.

Islamic Criminal Law in Northern Nigeria

Islamic Criminal Law in Northern Nigeria
Author: Gunnar J. Weimann
Publisher: Amsterdam University Press
Total Pages: 205
Release: 2010
Genre: Law
ISBN: 9056296558

Annotation. In 2000 and 2001, twelve northern states of the Federal Republic of Nigeria introduced Islamic criminal law as one of a number of measures aiming at "reintroducing the shari'a." Immediately after its adoption, defendants were sentenced to death by stoning or to amputation of the hand. Apart from a few well publicised trials, however, the number and nature of cases tried under Islamic criminal law are little known. Based on a sample of trials, the present thesis discusses the introduction of Islamic criminal law and the evolution of judicial practice within the regions historical, cultural, political and religious context. The introduction of Islamic criminal law was initiated by politicians and supported by Muslim reform groups, but its potential effects were soon mitigated on higher judicial levels and aspects of the law were contained by local administrators. This title can be previewed in Google Books - http://books.google.com/books?vid=ISBN9789056296551.