PAKISTAN: A suspect in a blasphemy case died after being attacked by a policeman with a brick cutter 

Dear friends

The Asian Human Rights Commission (AHRC) has received information that Samuel Masih, 27, a suspect in a blasphemy case, who was in a critical condition after police constable Faryad Ali hit him on the head with a brick cutter, died on 28 May 2004.

Samuel was a tuberculosis patient who got TB while in jail, and on 22 May 2004 he was sent to Gulab Devi Chest Hospital for his treatment. Faryad Ali was appointed as one of the guards to go with Samuel, but instead he attempted to kill Samuel. He did this despite the presence of the other guards with Samuel. Faryad allegedly said that he wanted to earn a place in heaven by killing Samuel and was reportedly calm after the attempt.

AHRC is deeply concerned that the incident is an example of the state of rule of law and treatment of minorities especially on charges such as blasphemy. Your urgent action is required to assert the government of Pakistan to correct this matter. Please also demand the government of Pakistan to abolish the blasphemy and other discriminatory laws without delay.

Urgent Appeals Desk
Asian Human Rights Commission (AHRC)
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DETAILED INFORMATION:

Samuel Masih, 27, a suspect in a blasphemy case, who was in a critical condition at the Lahore General Hospital after a police constable hit him on the head with a brick cuter, died in the afternoon of 28 May 2004.

Samuel was a tuberculosis patient who got TB while in jail, and on 22 May 2004 he was sent to Gulab Devi Chest Hospital for his treatment. Faryad Ali was appointed as one of the guards to go with Samuel, but instead he attempted to kill Samuel. He did this despite the presence of the other guards with Samuel. Faryad allegedly said that he wanted to earn a place in heaven by killing Samuel and was reportedly calm after the attempt. Faryad Ali was sent to jail after a case was registered against him.

Since it happened, the authorities have been trying to keep entire incident secret. The Punjab Home Department had banned visitors to the hospital’s ward No 18, where Samuel was treated. His relatives were reportedly refused permission to see him too. Hospital staff were also reluctant to speak.

Samuel was charged with blasphemy under Section 295 of the Pakistan Penal Code (PPC). Chaudhry Muhammad Yaqoob, librarian of the Darul Islam Lawrence Garden, Lahore, registered a First Information Report (FIR) against Samuel, accusing him of littering the wall of Darul Islam Masjid in Lawrence Gardens on 23 August 2003. The Centre for Legal Aid Assistance and Settlement (CLAAS), a non-governmental organization working for minority rights, had been pursuing the case since 23 August 2003. The NGO said it was the second case of its kind in which Section 295 of the PPC was imposed. Samuel was sent to Kot Lakhpat jail while awaiting for trial.

There are four sections of the PPC which provide punishment for a person accused of blasphemy: Sections 295, 295 A, B and C. Section 295 says that the punishment of a person could be extended to a maximum of two years or a fine or both if he defiled a place of worship with the intent of insulting the religion.

According to Samuel’s younger brother Sarwar, the family was told about the incident two days later. He added that Samuel had become mentally unstable after the death of their mother and he was thus not in his senses when he left home on 23 August 2003. He testified that the day when this incident happened, Samuel left home in anger because he had had a fight.

CLAAS has filed a writ petition in the Lahore High Court against the Kot Lakhpat jail superintendent and Dr Sikandar, who were in charge of the emergency ward when Samuel was admitted after being hit over the head by the constable. The court hearing of the case was scheduled on 2 June 2004.

AHRC is of the opinion that minority religious groups in Pakistan, especially the Christians, are being prosecuted by the blasphemy laws. Currently, if an individual goes to the police and simply accuses someone of blasphemy, the police have to make an immediate arrest before an investigation. Subsequently, the accused is subjected to inhuman, degrading and horrible forms of torture to confess.

AHRC is deeply concerned that the incident is an example of the state of rule of law and treatment of minorities especially on charges such as blasphemy. Your urgent action is required to assert the government of Pakistan to correct this matter. Please also demand the government of Pakistan to abolish the blasphemy and other discriminatory laws without delay.

BACKGROUND INFORMATION:
Religious discrimination is inscribed in Pakistan’s blasphemy laws 295 B and C, whose violation brings severe punishment, including the death penalty, and is imbedded in societal structures. This has resulted over the years in religious intolerance and violence against Christians, Hindus and members of the Ahmadiye community, the imposition of discriminatory and repressive laws against religious minorities, and extremist attacks against religious minorities, especially Christians.

The laws in their present form are a source of victimization and persecution of the minorities in Pakistan who are often falsely accused. Even though vaguely defined, blasphemy carries a mandatory death sentence when against the prophet. As a result, many of the accused are killed, in some cases even before they are brought to trial. Furthermore, it has become virtually impossible to get a fair hearing for those charged under these laws in the prevalent environment of intolerance and of pressure exercised on the judiciary.

SUGGESTED ACTION:
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