GENEVA, Switzerland – Another case of blasphemy has left Pakistan legal circles reeling.
A university lecturer Independent has not only been convicted, but has been sentenced to death for his ‘crime.’
The conviction follows a similar conviction last year of a Christian, Asia Bibi, who also received a death sentence. That conviction was overturned by the Pakistan Supreme Court in a landmark ruling.
It has generally been understood that ruling set a precedent for blasphemy cases.
Notwithstanding, 33-year-old Junaid Hafeez, a lecturer at Bahauddin Zakariya University in Multan, has been convicted and is sentenced to hang.
“The Supreme Court ruling in the Asia Bibi case should have set a precedent for lower courts to dismiss any blasphemy case that has not been proved beyond reasonable doubt,” independent UN human rights experts said Friday.
They have made an urgent appeal to the Pakistan government over the legality of the case, given the Supreme Court ruling in the Bibi matter.
“In the light of this ruling, the guilty verdict against Mr. Hafeez is a travesty of justice, and we condemn the death sentence imposed on him,” the experts said in their appeal.
“We urge Pakistan’s superior courts to promptly hear his appeal, overturn the death sentence and acquit him.”
International law generally forbids capital punishment, however the death penalty is acknowledged in exceptional circumstances, which requires incontrovertible evidence of intent to murder, the experts said.
“The death sentence imposed on Mr. Hafeez has no basis in either law or evidence, and therefore contravenes international law,” the experts argued.
They said “carrying out the sentence would amount to an arbitrary killing.”
The experts expressed serious concern at blasphemy charges still being brought against people “legitimately exercising their rights to freedom of thought, conscience, religion and expression.”
Mr. Hafeez was arrested on 13 March 2013 and charged for allegedly making blasphemous remarks on his Facebook page, by insulting Islam’s Prophet Muhammad.
Carrying out the sentence would amount to an arbitrary killing UN experts
He has been in solitary confinement since his trial began in 2014, seriously affecting his mental and physical health. The death sentence was imposed by a district and sessions court in Multan last week, on 21 December 2019.
“Prolonged solitary confinement may well amount to torture, or other cruel, inhuman or degrading treatment or punishment,” the experts said.
Mr. Hafeez’s case has gone through lengthy trials in Multan, with the prosecution failing to provide convincing evidence of his guilt, they pointed out, while also noting that “some documentary evidence submitted to the court was never subjected to independent forensic review despite allegations it had been fabricated, and that a lawyer representing Mr. Hafeez in 2014, Rashid Rehman, was murdered and the killers have not been brought to justice.”
Rehman had received open death threats at the trial and within days was shot to death.
“There seems to be a climate of fear among members of the judiciary handling this case, which may explain why at least seven judges were transferred during this lengthy trial,” the UN experts concluded.
The independent experts voicing concern consisted of the Special Rapporteur on freedom of religion or belief; Special Rapporteur on extrajudicial, summary or arbitrary executions; Special Rapporteur on Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment; and members of the UN Working Group on Arbitrary Detention.
(Photo credit: Asad Jamal).