HRWF-Ayub Masih (27), a Christian accused of having said derogatory words about the Prophet Mohammad during a dispute with a fellow villager, was sentenced to death under the Blasphemy Laws in Pakistan. Rana Abdul Ghaffar, the Additional Sessions Judge, Sahiwal, announced the judgment on April 27, 1998. Journalists were not allowed to be present for the court hearing, which was held in jail for the defendant's safety. On November 6, 1997, Ayub Masih had been shot at in the corridors of the Sessions Court in Sahiwal on November 6, 1997. The same judge had requested the Lahore High Court to allow a jail trial for lack of security in the open court.

Ayub Masih can appeal within 30 days in the High Court against the judgment He had pleaded not guilty and his lawyer claimed that the prosecution had relied only on the verbal testimony of the complainants and no circumstantial evidence had been provided to prove the allegation against the accused.

Background

A case under Section 295-C of the Pakistan Penal Code which carries a mandatory death punishment was brought against Ayub Masih on October 14, 1996, in Arifwala (Southern Punjab, 700 km from the capital Islamabad). After the accusation, the Christian populace (15 families) of the village where Ayub Masih lives was forced to evacuate the village the same day, leaving all their belongings behind.

Since the evacuation of the Christian families, tension was mounted between the landless Christian peasants and the land-owning Muslims in the area. The former had applied to the provincial government for an allotment of a piece of land for their settlement. It has been alleged in some local sources that some Muslim landowners did not want Christians to own land such that they will become their neighbours. Ayub was accused of blasphemy during a dispute with a Muslim villager. Local sources claim that the accusation of Ayub Masih was a tactic used by some Muslim groups against the Christian minority so that the latter would not be able to reclaim their land and be expelled from the village.

It is interesting to note that Ayub's brother Samsoon was also taken into custody and accused of blasphemy. The two brothers were allegedly severely tortured by their accusers and the police. Larer on, the police declared Samsoon innocent and only charged Ayub with having insulted the Prophet of Islam.

The trial progressed normally till November 6, 1997, when Ayub was shot at in the court room. Luckily he was saved. One of Ayub's brothers and his mother who were present at the scene identified the assailant as Mohammad Akram, one of the complainants in Ayub's blasphemy case. Ayub's family tried to lodge a case with the police but was rejected. They then approached the Lahore High Court Multan Bench where their application is pending a hearing.

Ayub's blasphemy case has sparked public controversy. Two religio-political groups, Sipah-e-Sahaba Pakistan and Majlis Khatam-e-Nabuat Pakistan, have carried out a propaganda campaign against Ayub. Pamphlets inciting Muslims in the district to take revenge on the Christians whom they claim are guilty of insulting the Prophet Mohammed were distributed.

Blasphemy Laws

In 1986, certain clauses of the Pakistan Penal Code were amended to include new offenses pertaining to the religion of Islam. The purpose was said to defend the honour of the Holy Quran, the Prophet of Islam, his wives and other holy personages of Islam. The new sections, 298 A-C, state that anyone who by either spoken or written words, or by visible representations, or by any imputation, innuendo, or insinuation, directly or indirectly made insulting remarks against any other holy personages of Islam will be liable to three years imprisonment (298-A); the Holy Quran will be liable to life imprisonment (298-B); and the name of the Holy Prophet will be liable to the death sentence (298-C).

However, the Blasphemy Laws in Pakistan make no stipulation about the actual intention of such acts. The charges of blasphemy always appear to be arbitrarily brought or founded on malicious accusations against individuals. Dozens of cases of blasphemy had been tried since the enactment of the Blasphemy Laws and non-Muslims had been put to death under such allegations. It happens that after allegations were made against certain person(s), non-Muslim localities in these respective communities were under attack, resulting in burning and looting of Christian properties and churches (The burning of Christian properties in Khanewal and Shanti Nagar in February 1997 after an alleged desecration of the Holy Quran was one example, HL/ACPP 970222[1])

ACTION REQUESTED Please write polite letters expressing your concern and requesting the government:

1. to re-try the case in a fair and open court and guaranteeing that Ayub Masih be not subjected to any harm or ill-treatment in jail ;
2. to ensure the safety of Ayub Masih's family, sympathizers and lawyers ; and 
3. to re-examine section 298A-C of the Pakistan Penal Code to ensure that the rule of law will not be abused by certain sector in the community over others and that individual rights and dignity be respected.

Send Letters To: 
President Mohammad Rafique Tarar, Aiwan-i-Sadr, Islamabad, Pakistan. 
Fax : 92-51- 811390

CC Copies To:
1. Prime Minister Mohammad Nawaz Sharif, Prime Minister's House, Islamabad, Pakistan Fax : 92-51-9204921
2. Chief Minister of Punjab, Mian Shehbaz Sharif, Chief Minister's House, Lahore, Pakistan Fax : 92-42-9200160
3. Diplomatic representatives of Pakistan accredited to your country

SAMPLE LETTER (Please try not to copy)

We write concerning the death penalty on Mr. Ayub Masih who was accused of blasphemy under section 289-C of the Pakistan Penal Code. We received reports saying that the prosecution had relied only on the verbal testimony of the complainants and no circumstantial evidence has been provided to prove the allegation against Mr. Masih. The introduction of the Blasphemy Laws, sections 298A-C, have sparked widespread controversy and concern that the law has been abused by certain sector in the community over the others, namely other religious groups other than the mainstream Islam.

We trust the good will of your government to uphold and protect the rights and dignity of every individual in the community. We hereby urge for a fair and open re-trail for Mr. Ayub Masih and the assurance that he will not be subjected to any forms of torture or ill-treatment in the meantime. We also,ask for the assurance that Ayub's family, sympathizers and lawyers be protected against any threat of harassment or revenge.

In the meantime, given the many alleged abuses of these laws, it is important that your government undertake a review of section 298 A-C of the Pakistan Penal Code to ensure the uphold of the rule of law for the people of Pakistan.

Please remember to send copies of your letters to Hotline. 
DO NOT TYPE "c.c. copy to Hotline" in your original letters. Thank-you for your continued support.

Source: Asian Center for the Progress of Peoples
52 Princess Margaret Road 1/F
Kowloon, Hong Kong
Tel.: (852) 2712 3989/2714 5123
Fax: (852) 2711 3545