June 11 2003

A Christian falsely accused of blasphemy in Pakistan was acquitted on June 4 after spending four and a half years in prison.

The Lahore High Court overturned the origin verdict on the basis that the conviction, based on hearsay evidence, was unsafe.

Aslam Masih, a Christian pastor from Mammun Kanjun, Faisalabad district (north central Pakistan), was given two life sentences and a fine of 100,000 Rupees ('1,300) on May 7 last year for allegedly defiling the Qur'an (s.295B) and the Prophet Mohammed (s.295C).

He was accused of writing insulting words against the Prophet Mohammad on some lucky amulets in a bid to win a dog fight in 1998.

The complainant was a local mullah and a member of the 'Ahlay Hadees' Islamic militant group.

According to local human rights groups, the case against 46-year-old Aslam Masih was unfounded and registered without proper investigation. He was also reportedly stabbed in the back and severely beaten by a mob of angry Islamists before being taken to the police station. The prosecution had failed to produce concrete evidence to establish Aslam Masih's guilt during the trial. The prosecution's key witness also reportedly testified in open court that he did not know Aslam Masih and did not agree with the accusation brought by the complainant.

Eyewitnesses also observed that on the day of trial, the Additional Session Judge was under severe pressure from the Islamic extremists who had gathered outside the courtroom.

Aslam Masih has been detained in Faisalabad Central jail since 1998. Muslim inmates reportedly tortured him on several occasions.

Christian Solidarity Worldwide (CSW) has been campaigning for his release since his arrest. CSW welcomes the recent decision but is concerned that it took four and a half years for the courts to free an innocent man.

Stuart Windsor, National Director of CSW said: "We are delighted that Aslam Masih has finally been cleared and hope this latest decision will bring a ray of hope to many others such as Ranja Masih, Augustine Masih and Parvez Masih who are still imprisoned under the divisive and blatantly unjust blasphemy law.

"Aslam Masih's case is another clear example of how extremist mullahs and members of the Islamic militant groups manipulate the poorly drafted blasphemy law to persecute those they disagree with.

"To protect the innocents, the government of Pakistan must take immediate steps to introduce legislative and administrative measures to safeguard against further abuses. People who file maliciously-motivated complaints should also be brought to justice without delay."

NOTES TO EDITORS:

Section 295 of Pakistan's Penal Code, known as the blasphemy law, is open to widespread abuse due to its vague wording and the lack of penalties against its misuse.

The law allows the courts to pass sentence on those who 'by words, either spoken or written, or by visible representations, or by any imputation, innuendo, or insinuation, directly or indirectly, defile the scared name of the Holy Prophet.' A conviction carries a mandatory death sentence.

According to the National Commission for Justice & Peace, at least 148 Muslims (121 cases), 208 Ahmadis (56 cases), 75 Christians (64 cases) and eight Hindis (five cases) have been charged with blasphemy since 1987. In 2001 alone, it is estimated that at least 40 Muslims, 23 Ahmadis, ten Christians and two Hindus were charged with blasphemy.

In April 2003, Ranjha Masih, a Christian from Faisalabad district, was sentenced to life and fined 50,000 Pakistani rupees ('660) for blasphemy.

Last June, Augustine Ashiq Masih (alias Kungri Masih) from Mohalla Saeedabad, Faisalabad district, was given the mandatory death sentence plus a heavy fine for making derogatory remarks against the Prophet Mohammed.

Parvez Masih, a Christian headmaster from Daska, was charged with blasphemy in April 2001. According to local sources, the complaint was filed by a rival Muslim in a malicious attempt to force Parvez Masih into closing down his school. The local Bar Council had announced that any lawyer taking up Parvez Masih's case would be killed.