Dear friends,
The Asian Human Rights Commission (AHRC) is calling for your urgent intervention to save the life of Mr. Mirza Tahir Hussain (aged 38), who is facing imminent execution scheduled for early November after Ramadan, the fasting month for Muslims. He, who was 18 years old at that time, had been charged with murder in 1988, but was acquitted of all charges against him by the Lahore High Court in 1996. However, the Federal Shariat Court suddenly claimed its jurisdiction over the case under Islamic law, overturned high court judgement and sentenced him to death in 1998. The Supreme Court upheld the judgement of the Shariat Court in 2003 and dismissed Mr. Hussain’s appeal in 2004. Only an act of clemency by the President can save Mr. Mirza Tahir Hussain’s life.
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In 1988, Mr. Mirza Tahir Hussain, a Pakistani born British national who was 18 years old at that time, came to Pakistan from London to see his native place. He was tried and convicted of murdering a taxi driver while travelling to the village of Bhubar from Rawalpindi, Punjab Province on 17 December 1988. The taxi driver reportedly stopped the car and produced a gun, and Mr. Mirza Tahir Hussain, was reportedly physically and sexually assaulted by the taxi driver. In the scuffle that followed, the gun went off, and the taxi driver was fatally injured.
Mr. Mirza Tahir Hussain was sentenced to death in 1989 at the Sessions Court in Islamabad.
The case was returned to the Sessions Court where Mr. Mirza Tahir Hussain was sentenced to life imprisonment in 1994. Following a second appeal, the Lahore High Court then dismissed this sentence in 1996 for lack of evidence, and Mr. Mirza Tahir Hussain was acquitted of all charges against him.
While Mr. Mirza Tahir Hussain was waiting for his release from prison, one week after the high court the case was referred to the Federal Sharia Court, which announced the case under its jurisdiction based on the fact that charges from the original case, including robbery involving murder fell under Islamic offences against property law. According to the Constitution of Pakistan, the duties of Federal Sharia Court’s duties are to review the laws of the country to ensure that they are in conformity with Islamic Doctrine and to deal with appeals of cases tried under Islamic Laws. However, the Constitution does not mention that the Federal Sharia Court can reopen the case which was completed by the secular courts. Interestingly, the Federal Sharia Court never claimed its jurisdiction on this case while it was being tried in the secular Session Courts in Islamabad and the High Courts from 1988 to 1996, until the High Court acquitted him.
The entire case against Mr. Mirza Tahir Hussain was reopened, and in 1998, he was sentenced to death by the Federal Shariat Court, despite their acknowledgment that no robbery had taken place due to the taxi being hired. In the case of Mr. Mirza Tahir Hussain, there was neither eye witness nor the accused of the alleged robbery case during entire court proceedings. According to the Islamic law, the death penalty is imposed only if “reliable eyewitness” accounts or a “confession” to the court are submitted.
However, Supreme Court upheld the judgement of the Federal Shariat Court in 2003 and dismissed Mr. Mirza Tahir Hussain’s appeal in 2004. A petition for clemency was sent to the President in 2005 but was declined. Meanwhile, the killed taxi driver’s family refused compensation offered Mr. Mirza Tahir Hussain’s family, which could allow Mr. Mirza Tahir Hussain to be pardoned under the Islamic law.
Mr. Mirza Tahir Hussain’s case is a typical case of dual judicial system of Pakistan, the Islamic courts and secular courts. The secular courts are coming under the Supreme Court of Pakistan, while the Federal Sharia court is coming under Supreme Court. At provincial level, Sharia courts come under the provincial high courts.
Several local and international human rights groups including Amnesty International, the members of European parliament and the members of parliament of United Kingdom have appealed to the President of Pakistan to pardon Mr. Mirza Tahir Hussain as he did not receive a fair trial due to the contradictory statements of the different courts and lack of evidence. Mr. Mirza Tahir Hussain, who is now 38 years, has been detained for 18 years and is awaiting execution in the notorious Adiala Jail in Rawalpindi, Pakistan.
The second petition for clemency for Mr. Mirza Tahir Hussain has been pending with the President’s office since 2005. His execution was scheduled for 1 October 2006 but the President deferred it for one month, which means early November, due to the holy month of Ramadan in October. This was the fifth time that the President deferred Mr. Mirza Tahir Hussain’s execution awarded by the Federal Sharia Court.
SUGGESTED ACTION:
Please urgently write to the President of Pakistan regarding Mr. Mirza Tahir Hussain’s case and urge him to approve the petition for clemency and pardon Mr. Mirza Tahir Hussain considering violation of his right to have a fair trial and his long 18 years of suffering. Please also write to other persons listed below and demand their urgent intervention.
To support this case, please click here: SEND APPEAL LETTER
SAMPLE LETTER
Letter 1: To President of Pakistan
(We request you to visit the website of the President's Office, where you can send a message to the President. The relevant website address is attached below with this sample letter.)
Your Excellency,
PAKISTAN: I call for your clemency for Mr. Mirza Tahir Hussain, who faces imminent execution
I write to you pleading for your Excellency's clemency for Mr. Mirza Tahir Hussain (aged 38), who is facing imminent execution in early November 2006. I was informed that your Excellency deferred his execution scheduled for 1 October 2006 for one month due to the holy month of Ramadan.
As your Excellency is well aware of this case because it has been widely publicised, Mr. Mirza Tahir Hussain had been charged with murder in 1988 but later was acquitted of all charges against him by the Lahore High Court in 1996. However, the Federal Shariat Court claimed its jurisdiction about this case under Islamic law, overturned high court judgement and sentenced him to death in 1998. The Supreme Court upheld the judgement of Shariat Court in 2003 and dismissed Mr. Hussain's appeal in 2004.
I am most concerned that Mr. Mirza Tahir Hussain's right to have a fair trial was violated during his trials.
First, according to the Constitution of Pakistan, the duties of Federal Sharia Court's are to review the laws of the country to ensure that they should be in conformity with Islamic Doctrine and to deal with appeals of cases tried under Islamic Laws. However, the Constitution does not mention that the Federal Sharia Court can reopen a case completed by the secular courts, which is what happened in this case. I also wish to draw your Excellency's attention that the Federal Sharia Court never claimed its jurisdiction on this case while it was being tried in secular Session Courts in Islamabad and High Courts from 1988 to 1996, until the High Court acquitted him.
Secondly, I also want to bring to your Excellency's notice that in the case of Mr. Mirza Tahir Hussain, there was neither eye witness nor the accused of the alleged robbery case during entire court proceedings. According to the Islamic law, the death penalty is imposed only if "reliable eyewitness" accounts or a "confession" to the court are submitted.
I strongly believe that Mr. Mirza Tahir Hussain's right to have a fair trial was violated due to the contradictory statements of the different courts and he was sentenced to death without the sufficient evidence that is required by law.
I also plead for your Excellency's sympathy for Mr. Mirza Tahir Hussain, who is in great suffering after 18 years in jail, while being denied his right to a fair trial. I therefore humbly request your Excellency's clemency for Mr. Mirza Tahir Hussain and pardon him.
I most fervently hope that Your Excellencys mercy will save the life of Mr. Mirza Tahir Hussain.
Yours sincerely,
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SEND THIS LETTER TO:
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)
Letter 2: To other relevant authorities and persons concerning this case
To send your letter, please click:
Dear ________,
PAKISTAN: Mirza Tahir Hussain faces imminent execution
I am writing to you to ask your urgent intervention into the case of Mr. Mirza Tahir Hussain (aged 38), who is facing imminent execution in early November 2006. His execution was scheduled for 1 October 2006 but the President deferred it for one month, which means early November, due to the holy month of Ramadan in October.
I believe that Mr. Mirza Tahir Hussain's right to have a fair trial was violated due to the contradictory statements of the different courts and he was sentenced to death without the sufficient evidence that is required by law. Even though he was acquitted of all charges against him by the Lahore High Court in 1996, the Federal Shariat Court overturned high court judgement and sentenced him to death in 1998. There was neither eye witness nor the accused of the alleged robbery case during entire court proceedings. As the Supreme Court dismissed Mr. Hussain's appeal in 2004, at this point, only an act of clemency by the President of President can save Mr. Mirza Tahir Hussain's life.
In light of above, I plead with you to request the President of Pakistan to pardon Mr. Mirza Tahir Hussain, who is in great suffering after 18 years in jail, while being denied his right to a fair trial.
Your urgent intervention in this case will be highly appreciated.
Yours sincerely,
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SEND THIS LETTER TO:
1. Mr. Muhammad Wasi Zafar
Minister of Law, Justice and Human Rights
S Block, Pakistan Secretariat
Islamabad
PAKISTAN
Fax: +92 51 920 2628
E-Mail: minister@molaw.gov.pk
2. Mr. George Galloway
Member of Parliament for Bethnol Green & Bow
9 Club Row, London
E1 6JX-
UNITED KINGDOM
Tel: +20 76135225
E-mail: georgegallowaydotcom@gmail.com
3. Justice Iftikhar Muhammad Chaudhry
Chief Justice of Pakistan
Supreme Court of Pakistan,
Constitution Avenue, Islamabad
PAKSTAN
Tel: +92 51 9213767
E-mail: cjpakistan@yahoo.co.kr
4. Dr. Faqir Hussan
Registrar
Supreme Court of Pakistan
Constitution Avenue, Islamabad
PAKISTAN
Tel: +92 51 9213770
E-mail: registrar@supremecourt.gov.pk
5. Mr. Thomas Hammarberg
Office of the Commissioner for Human Rights
Council of Europe
F-67075 Strasbourg Cedex
Tel: +33 3 88 41 34 21
Fax: +33 3 90 21 50 53
E-mail: commissioner@coe.int
6. Rt. Hon. Margaret Beckett MP
Foreign & Commonwealth Office
King Charles Street
London
SW1A 2AH
UNITED KINGDOM
Tel: +44 0207 008 1500
Fax: +44 0207 839 2417
Email: private.office@fco.gov.uk
7. Ambassador of Pakistan
Embassy of Pakistan
Ailesbury Villa,
1B Ailesbury Road,
Ballsbridge,
Dublin 4
U.S.A
Tel: +1 261 3032 / 01 261 3033
Fax: +1 261 3007
8. Mr. Philip Alston
Special Rapporteur on Extra-judicial, Summary, or Arbitrary Executions
Attn: Lydie Ventre
Room 3-016
c/o OHCHR-UNOG
1211 Geneva 10
SWITZERLAND
Tel: +41 22 917 9155
Fax: +41 22 917 9006 (ATTN: SPECIAL RAPPORTEUR EXECUTIONS)
9. Mr. Leandro Despouy
Special Rapporteur on the independence of judges and lawyers
Att: Sonia Cronin
Room: 3-060
OHCHR-UNOG
1211 Geneva 10
SWITZERLAND
Tel: +41 22 917 9160
Fax: +41 22 917 9006 (ATTN: SPECIAL RAPPORTEUR INDEPENDENCE JUDGES & LAWYERS)
Thank you.
Urgent Appeals Programme
Asian Human Rights Commission (ahrchk@ahrchk.org)
