PAKISTAN: Asylum appeal for young man threatened to death by religious extremists

ASIAN HUMAN RIGHTS COMMISSION - URGENT APPEALS PROGRAMME

Urgent Appeal Case: AHRC-UAC-149-2015
ISSUES: Administration of justice, Fabrication of charges, Right to life,

The Asian Human Rights Commission (AHRC) has received updated information regarding  death threats to a young man and his parents from religious fanatics for committing blasphemy while he was sitting for his annual examinations. The young man and his family are since hiding 2011.  A blasphemy case is pending in Court and he was 17 at the time of incident. The Judges at the Session’s Court were reluctant to hear his case because of the apprehensions of retaliation from militant groups. The authorities and the judiciary in Pakistan have so far failed to provide him and his family with any protection.

CASE NARRATIVE:

On January 28, 2011 a case of blasphemy was registered against 17-year-old Syed Samiullah, an intermediate student (12th class student) and resident of Mujtaba Colony, Malir Halt, Karachi, Sindh. The charge    was registered in the Shahrah-e-Noor Jahan Police Station, North Nazimabad, Karachi, Sindh Province. He was arrested on the complaint of Controller of Examinations, Intermediate Board of Education, Karachi. Sami Ullah, whose case has been pending in court since 2011. Sami was granted bail in 2011, after spending having spent 6 months in jail. The case has been pending in court ever since.

No judge has been ready to hear the case. In Pakistan, cases involving allegations of blasphemy are very sensitive and any action or statement in favor of the accused can get an adjudicator killed.

In the latest development, a judge has been appointed to hear the case. However, the legal counsel of Sami Ullah fears that the case will not progress, and will be made to linger for an indefinite period so that fundamentalist forces will not attack the judges and the Judiciary.

Sami and his parents have been in hiding at different sites, moving from one to the other, as they are being monitored and followed by the fundamentalist militant groups. Sami Ullah cannot opt for higher education and cannot earn a livelihood. His parents and siblings are living in an atmosphere of insecurity and uncertainty; they have unconditionally apologized for his act and promised it will not recur.

(The details of the case can be found at the following links: here, here, here, here, and here.)

It is apprehended by his family members and lawyers that Sami or his parents will be assassinated. It is dangerous for Sami Ullah to emerge from his hideouts given that he and his family members are under surveillance and are being monitored.

Grounds for Appeal of Asylum:

The facts of the case are as follows: on January 28, 2011 a case of blasphemy was registered against 17-year-old Syed Samiullah, an intermediate student and resident of Mujtaba Colony, Malir Halt. The charge    was registered in the Shahrah-e-Noor Jahan Police Station, North Nazimabad, Karachi, Sindh Province.

Sami was exercising his right to free speech. His examiner was under the obligation to keep the text he had written confidential. Or at maximum, he could have reprimanded and failed the student; however, the examiner immediately informed the concerned authority. An FIR (First Information Report) (56 11) was registered against him under 295-C of the Pakistan Penal Code (PPC) at Shahrah-e-Noor Jahan Police Station. In an application to the judicial magistrate, Sami Ullah submitted that he had confessed to committing an “unpardonable sin”. He apologized, promising never to commit “such a sin” again.

Blasphemy laws in Pakistan have caused several miscarriages of justice; and are ruthlessly used by the fanatics, who take it upon themselves to defend the honor and glory of Islam. From the law’s inception in 1984 up to 2004, around 5,000 cases of blasphemy were registered in Pakistan. Of these, thirty-two people charged with blasphemy have been killed, extrajudicially.

Children belonging to minority groups are also not spared. In 2011, a Christian eighth-grade student was beaten black and blue by her Muslim teacher for misspelling a word in a way that amounted to sacrilege. Faryal Bhatti, a student at the Sir Syed Girls High School in Pakistan Ordnance Factories (POF) colony Havelian, erroneously misspelled a word in an Urdu exam, while answering a question on a poem written in praise of the Holy Prophet (PBUH). The word in question was ‘laanat’ instead of ‘naat’ – an easy error for a child to make, as the written versions of the words are similar. Similarly on 9 February 1995, Salamat Masih, a Pakistani Christian boy, who was then 14, was sentenced to death for blasphemy by a lower court in Lahore, Pakistan, for allegedly writing derogatory remarks about the Prophet Muhammad on the wall of a mosque.

He was subsequently acquitted on 23 February 1995, because the court found that he was, in fact, illiterate. Subsequently, Justice Arif Iqbal Bhatti, who acquitted Masih, was assassinated in his chambers at the Lahore High Court, in 1997.

In recent past the high profile personalities like Mr. Salman Taseer, former governor of Punjab province, and Mr. Shahbaz Bhatti, former federal minister for religious minorities affairs, in relation to cases of blasphemy. Therefore, it is dangerous for Sami Ullah to emerge from his hideouts given that he and his family members are under surveillance and are being monitored.

Under Article 13, the Convention on the Rights of the Child, to which Pakistan is also a signatory, states:

The child shall have the right to freedom of expression; this right shall include freedom to seek, receive and impart information and ideas of all kinds, regardless of frontiers, either orally, in writing or in print, in the form of art, or through any other media of the child’s choice.”

Sami’s life is in grave danger from religious fanatics, who may be looking to kill him. Under Article 35 of the Constitution of Pakistan, it is incumbent upon the State to protect a young man like Sami; the Article states: “The State shall protect the marriage, the family, the mother and the child.”

There are fears that he will not be able to lead a normal life given the history and the dire threats. The authorities back in Pakistan are least interested to go against the fundamentalist and militant groups for the protection of freedom of speech and safety of the victims of the blasphemy laws.

SUGGESTED ACTION:

Please write the letters to the following calling them to save the life of Sami Ullah and that of his family members; as it is not possible for members of this family to survive in peace and security in Pakistan. There are strong chances that Sami or his parents will be assassinated. Please also urge them to provide asylum in any other country so that he and his family members can be survived. It is dangerous for Sami Ullah to emerge from his hideouts given that he and his family members are under surveillance and are being monitored. The then controller of Examination, Intermediate Board must be prosecuted for putting the life of the victim dangerous destroying his future.

To support this case, please click here: SEND APPEAL LETTER

SAMPLE LETTER

Dear ___________,

PAKISTAN: Asylum appeal for young man threatened to death by religious extremists

Name of victim:
1. Syed Samiullah, resident of Mujtaba Colony, Malir Halt, Karachi, Sindh.

Names of alleged perpetrators:
Professor Agha Akbar, the then controller of examinations of the Intermediate Board of Education, Karach

Date of incident: January 2011

Place of incident: Intermediate Board of Education, Karachi, Sindh

I am writing to voice my deep concern regarding the death threats to a young man and his parents from religious fanatics for committing blasphemy while he was appearing in his annual examinations. The young man and his family are hiding since 2011. Blasphemy case is pending in court ever since. He was 17 at the time of incident. The judges at the Session’s court were reluctant to hear his case because of the apprehensions of retaliation from militant groups.

He cannot opt for further education and cannot earn for livelihood. Sami’s life is in grave danger from religious fanatics, who may be looking to kill him. The authorities and judiciary in Pakistan have failed to provide him and his family protection.

According to the information received by me on January 28, 2011 a case of blasphemy was registered against 17-year-old Syed Samiullah, an intermediate student (12th class student) and resident of Mujtaba Colony, Malir Halt, Karachi, Sindh. The charge was registered in the Shahrah-e-Noor Jahan Police Station, North Nazimabad, Karachi, Sindh Province. He was arrested on the complaint of Controller of Examinations, Intermediate Board of Education, Karachi. Sami Ullah, whose case has been pending in court since 2011. Sami was granted bail in 2011, after spending having spent 6 months in jail. The case has been pending in court ever since.

I am shocked to know about the weak judiciary in Pakistan that no judge has been ready to hear the case. In Pakistan, cases involving allegations of blasphemy are very sensitive and any action or statement in favor of the accused can get an adjudicator killed.

In the latest development, a judge has been appointed to hear the case. However, the legal counsel of Sami Ullah fears that the case will not progress, and will be made to linger for an indefinite period so that fundamentalist forces will not attack the judges and the Judiciary.

I am appalled that Sami and his parents have been in hiding at different sites, moving from one to the other, as they are being monitored and followed by the fundamentalist militant groups. Sami Ullah cannot opt for higher education and cannot earn a livelihood. His parents and siblings are living in an atmosphere of insecurity and uncertainty; they have unconditionally apologized for his act and promised it will not recur.
(The details of the case can be found at the following links: here, here, here, here, and here.)

It is apprehended by his family members and lawyers that Sami or his parents will be assassinated. It is dangerous for Sami Ullah to emerge from his hideouts given that he and his family members are under surveillance and are being monitored.

Grounds for Appeal of Asylum:

The facts of the case are as follows: on January 28, 2011 a case of blasphemy was registered against 17-year-old Syed Samiullah, an intermediate student and resident of Mujtaba Colony, Malir Halt. The charge was registered in the Shahrah-e-Noor Jahan Police Station, North Nazimabad, Karachi, Sindh Province.

Sami was exercising his right to free speech. His examiner was under the obligation to keep the text he had written confidential. Or at maximum, he could have reprimanded and failed the student; however, the examiner immediately informed the concerned authority. An FIR (First Information Report) (56 11) was registered against him under 295-C of the Pakistan Penal Code (PPC) at Shahrah-e-Noor Jahan Police Station. In an application to the judicial magistrate, Sami Ullah submitted that he had confessed to committing an “unpardonable sin”. He apologized, promising never to commit “such a sin” again.

Blasphemy laws in Pakistan have caused several miscarriages of justice; and are ruthlessly used by the fanatics, who take it upon themselves to defend the honor and glory of Islam. From the law’s inception in 1984 up to 2004, around 5,000 cases of blasphemy were registered in Pakistan. Of these, thirty-two people charged with blasphemy have been killed, extrajudicially.

Children belonging to minority groups are also not spared. In 2011, a Christian eighth-grade student was beaten black and blue by her Muslim teacher for misspelling a word in a way that amounted to sacrilege. Faryal Bhatti, a student at the Sir Syed Girls High School in Pakistan Ordnance Factories (POF) colony Havelian, erroneously misspelled a word in an Urdu exam, while answering a question on a poem written in praise of the Holy Prophet (PBUH). The word in question was ‘laanat’ instead of ‘naat’ – an easy error for a child to make, as the written versions of the words are similar. Similarly on 9 February 1995, Salamat Masih, a Pakistani Christian boy, who was then 14, was sentenced to death for blasphemy by a lower court in Lahore, Pakistan, for allegedly writing derogatory remarks about the Prophet Muhammad on the wall of a mosque.

He was subsequently acquitted on 23 February 1995, because the court found that he was, in fact, illiterate. Subsequently, Justice Arif Iqbal Bhatti, who acquitted Masih, was assassinated in his chambers at the Lahore High Court, in 1997.

In recent past the high profile personalities like Mr. Salman Taseer, former governor of Punjab province, and Mr. Shahbaz Bhatti, former federal minister for religious minorities affairs, in relation to cases of blasphemy. Therefore, it is dangerous for Sami Ullah to emerge from his hideouts given that he and his family members are under surveillance and are being monitored.

Under Article 13, the Convention on the Rights of the Child, to which Pakistan is also a signatory, states: 

The child shall have the right to freedom of expression; this right shall include freedom to seek, receive and impart information and ideas of all kinds, regardless of frontiers, either orally, in writing or in print, in the form of art, or through any other media of the child’s choice.”

Sami’s life is in grave danger from religious fanatics, who may be looking to kill him. Under Article 35 of the Constitution of Pakistan, it is incumbent upon the State to protect a young man like Sami; the Article states: “The State shall protect the marriage, the family, the mother and the child.”

There are fears that he will not be able to lead a normal life given the history and the dire threats. The authorities back in Pakistan are least interested to go against the fundamentalist and militant groups for the protection of freedom of speech and safety of the victims of the blasphemy laws.

I therefore urge you to save the life of Sami Ullah and that of his family members; as it is not possible for members of this family to survive in peace and security in Pakistan. There are strong chances that Sami or his parents will be assassinated. I also urge them to provide asylum in any other country so that he and his family members can be survived. It is dangerous for Sami Ullah to emerge from his hideouts given that he and his family members are under surveillance and are being monitored. It is also appalling that authorities in Pakistan and judiciary have failed to provide him and his family members the safety and protection in view of continuous threats from militant organisations. The then controller of Examination, Intermediate Board must be prosecuted for putting the life of the victim dangerous destroying his future.

Therefore I strongly appeal you to provide asylum to Syed Sami Ullah in any country.

Yours Sincerely,

……………….

PLEASE SEND YOUR LETTERS TO:

1. Mr. Ban Ki Moon
Secretary General of the United Nations
Office of the Spokesman for the Secretary-General 
United Nations
S378, New York, NY 10017 
USA
Tel: +1 212 963 5012
Fax: +1 212 963 7055 or 2155
E-mail: ecu@un.org, inquiries@un.org
Tel. +1 212 963 7162 New York, NY 10027 
USA
Fax. +1 212 963 7055

2. Mr. Zeid Raad Al Hussein
Office of the United Nations High Commissioner for Human Rights (OHCHR) 
Palais Wilson 
52 Rue Des Paquis 
CH-1201 Geneva
SWITZERLAND
Tel: +41 22 917 9656
Fax: +41 22 917 9012 0213
Email: civilsociety@ohchr.org

3. Mr. Ambassador of Norway
Royal Norwegian Embassy in Islamabad 
House No. 25, Street No. 19, Sector F-6 2
P.O. Box 1336
Islamabad
Pakistan 
Telephone: + 92 51 2077700
Fax: +92 51 2279726 92-51-2279729
E-Mail: emb.islamabad@mfa.no

4. Mr Hiroshi Inomata, Ambassador
Anbassador of Japan
Japanese Embassy in Islamabad, Pakistan
Plot No.53 70, Ramna 5 4
Diplomatic Enclave 1
P.O. Box 1119
Islamabad
Pakistan
TELEPHONE: +92 51 907 2500
FAX: +92 51 907 2352

5. Mr. Leif H. Larsen, Ambassador
Australian High Commissioner 
HEAD OF MISSION
Constitution Ave and Ispahani Rd,
Diplomatic Enclave, No. 1
Sector G 5 4, Islamabad, Pakistan
PO Box 1046, Islamabad, Pakistan
Constitution Ave and Ispahani Rd
Diplomatic Enclave No. 1, Sector G 4
Islamabad
Pakistan
Phone: 92 51 2824345 
Fax: 92 51 282 0112 
Email:ahcisb@isb.compol.com

6. Mr. Ambassador 
Embassy of Switzerland 
Street 6, Diplomatic Enclave, G 5 4
Islamabad 44000
Pakistan
Fax :+92 51 227 92 86 
Email: isl.vertretung@eda.admin.ch

7. Ms. Ina Lepel,
Ambassador of Germany in Pakistan 
Ramna 5, Diplomatic Enclave, Islamabad, P.O. Box 1027, Islamabad
PAKISTAN
Tel: 0092-51 227 9430 Fax: 0092-51 227 9436
Fax: 0092-51 227 8917
E-Mail for visa enquiries: visainfo@isla.auswaertiges-amt.de

8. Mr. David Hale
Ambassador
American Embassy
Diplomatic Enclave, Ramna 5
Islamabad, Pakistan
Embassy Operator: +92 51208-0000 +92 0512014000 
Embassy Fax: +92 512338071

9. High Commissioner of Canada
High Commission of Canada
Diplomatic Enclave, Sector G-5
P. O. Box 1042
Islamabad, Pakistan
Toll free: 0800 00 226
Fax: 011 92 51 208 6900
email: isbad@international.gc.ca

10. Mr. Philip Barton
British High Commissioner to Pakistan
Diplomatic Enclave, Ramna 5, P O Box 1122, Islamabad
Islamabad
Pakistan 
Telephone +92 51 201 2000 
General +92 042 6316591
Email Islamabad-general.enquiries@fco.gov.uk

 

11. Mr. Justice Zaheer Jamali,
Chief Justice of Pakistan
Supreme Court of Pakistan 
Constitution Avenue, Islamabad 
PAKISTAN 
Fax: + 92 51 9213452 
E-mail: mail@supremecourt.gov.pk

Thank you.

Urgent Appeals Programme 
Asian Human Rights Commission (ua@ahrc.asia)

Document Type : Urgent Appeal Case
Document ID : AHRC-UAC-149-2015
Countries : Pakistan,
Campaigns : Blasphemy Law in Pakistan
Issues : Administration of justice, Fabrication of charges, Right to life,