Bail denied to Christian activist for his own safety; judge also under fire.

ISTANBUL, May 6 (Compass Direct News) – A Pakistani Christian charged with abetting blasphemy against Islam was denied bail for his own safety last week after an Islamist lawyer allegedly threatened his life in a court hearing.

Hector Aleem, 51, remains in Adiyala Jail in Rawalpindi, near Pakistan’s capital of Islamabad. Judge Mustafa Tanveer dismissed his bail application at a court session on Thursday (April 30).

“If the judge does not punish Aleem according to the law, then [we] will kill him ourselves,” said Tariq Dhamal, an attorney for the unnamed complainant, according to a report by the Centre for Legal Aid Assistance and Settlement (CLAAS).

Police arrested Aleem last November when a Muslim scholar received a text message insulting the Islamic prophet Muhammad. Authorities charged Aleem with blasphemy and abetting blasphemy, sections 295(c) and 109(bb) respectively of the Pakistani criminal code.

Court evidence shows the text message came from an unlisted phone number, not Aleem’s. At an April 25 hearing, Investigating Officer Zafer Ikbal said he had concluded that evidence proved Aleem’s innocence. Ikbal’s investigation, along with a February judicial decision, resulted in charges of blaspheming Islam being dropped. The charge of abetting blasphemy still stands.

Nevertheless, at the April 25 hearing prosecuting attorneys asserted that Aleem was guilty of blasphemy on grounds that “he is a Christian and can make blasphemous comments about the prophet Muhammad,” according to Katherine Sapna, a field officer for CLAAS.

Aleem’s lawyer, Malik Tafik, said he has filed for upcoming hearings to be closed to the public for fear that Muslim fanatics could try to kill his Christian client. Tafik will present another bail application in the high court of Islamabad on May 14.

Tafik, a Muslim, has come under pressure from the Rawalpindi Bar for taking on the case of a Christian accused of blasphemy. The bar has filed an application against him for handling the case.

Dhamal, the lawyer who allegedly made the death threat against Aleem, is a member of Sunni Tehreek, an Islamist political movement involved in violent sectarian clashes in the last decade.

In the April 25 hearing, five lawyers and 180 Islamist protestors gathered around the courthouse. Tafik said he believes the crowds hoped to intimidate the judge into declaring Aleem guilty. More than 100 protestors have congregated at previous hearings, shouting that Aleem’s life would not be spared and he should be handed over to the police.

Tafik said the judge is afraid to rule in favor of Aleem for fear of his life from Rawalpindi Islamists.

“The judge is under pressure and not deciding the case based on merits,” Tafik said. “He is ready to hear on merits, but the lawyers are just [acting] on the basis of Islamization.”

Pakistan’s blasphemy laws have come under heavy fire from international rights groups. Any private citizen can file blasphemy charges, and they have been used in petty disputes as a means of retaliation as they can destroy reputation, livelihood and possibly lead to the death penalty in the conservative Islamic country.

Before his arrest, Aleem led human rights campaigns on behalf of Christians, particularly a land dispute between a congregation and the Rawalpindi Water and Sanitation Agency, which wanted to demolish their church building.

More Muslims than Christians are charged with blasphemy in Pakistan. In 2008 there were 13 cases registered against Muslims in Punjab province, where Aleem resides, and only six against Christians.

Boy Dies

Insulting Islam is a dangerous activity in the conservative nation of 170 million, but with the spread of the Taliban, non-Muslims fear their very existence will make them a target to fundamentalists.

On April 22 Christians in Taiser town, near Karachi, noticed on the walls of their church graffiti that read, “Long Live the Taliban” and calls for Christians to either convert to Islam or pay the jizye, a poll tax under sharia (Islamic law) paid by non-Muslims for protection if they decline to convert.

Armed men arrived on the scene and opened fire on Christians who were erasing the graffiti, injuring five. An 11-year-old boy shot in the attack, Irfan Masih, has reportedly since died from his injuries (see “Taliban-Inspired Attacks Hit Christians,” April 27).

Security forces fear that sectarian violence could erupt in the port city of Karachi. They have banned public gatherings and processions, according to Release International aid agency.

Report from Compass Direct News


Human rights activist could face violence long after trial finishes.

CHICAGO, March 13 (Compass Direct News) – A Pakistani investigator has ruled out a charge against a Christian for “blaspheming Islam” but retained another for abetting blasphemy, and advocates worry the stigma of the charges could make him a target for local Islamists.

Hector Aleem, 51, remains in Adiyala Jail in Rawalpindi, near Pakistan’s capital of Islamabad. His lawyer said he believes law enforcement officers and community members framed Aleem for his social activism on behalf of Christians so that the stigma of the charges would subject him to the danger of violence.

The case began last November when a Muslim scholar received a text message insulting the Islamic prophet Muhammad. Authorities charged Aleem with violating sections 295c (blasphemy) and 109bb (abetting) of the Pakistani criminal code.

Investigating Officer Zafer Ikbal on March 4 ruled out the possibility of a blasphemy charge since evidence showed the message came from an unlisted phone number, not Aleem’s. This move followed a Feb. 2 decision by Judge Sakhi Mohammad Kohut to exonerate Aleem of blasphemy by moving the case from an anti-terrorism court to a magistrate court; with the change of court, the investigating officer had considered anew the possibility of a blasphemy charge.

Phone records in the investigation showed the original culprit had a one-hour conversation with someone at Aleem’s phone number. Aleem claimed that his assistant, Bashar Kokar, was the one who talked with the culprit. As a result, both men were incarcerated and charged with abetment.

In the meantime, Aleem’s attorney, Malik Tafik, has filed an application for bail. He said he hopes it will be approved at a session court hearing next week.

The crime of abetting does not carry a severe penalty in Pakistani criminal law. But in this case, Tafik said, its connection to blasphemy against Islam could put Aleem in danger of attacks by Muslim extremists even if he is found innocent.

“He will continue to be in danger from religious extremists after the case finishes,” Tafik said. “Even though he is only charged with abetment, he is still in danger.”

A Pakistani official concurred that those in the community opposed to Aleem’s human rights activism may have used the charges as a pretext to jail him. Khushdil Khan Malik, deputy secretary of Pakistan’s Ministry of Human Rights, said Aleem may have been framed due to his social activism as director of a small Non-Governmental Organization that lobbies for the rights of Pakistani Christians in Islamabad.

Last November, Aleem became involved in a land dispute between a congregation and the Rawalpindi Water and Sanitation Agency, which wanted to demolish their church building.

Blasphemy charges carry a particularly dangerous stigma in certain parts of Pakistan. Within Rawalpindi, there is a dedicated following of the Islamist political movement Sunni Tehreek, which has been involved in violent sectarian clashes with other Islamist movements in the last decade. When Aleem was transferred to a Rawalpindi anti-terrorism court for a hearing on Jan. 30, a crowd of 150 protestors gathered, shouting that his life would not be spared and that the police should hand him over to them.

But Malik said the case has nothing to do with sectarian tensions and resulted only from members of the municipality targeting Aleem because they opposed his campaign to save a church slated for destruction.

“Generally the relations between Muslims and Christians are good,” Malik said. “This was a false case against Aleem.”

Aleem’s bail application is pending. But due to current court strikes in Pakistan, the application may take a few weeks, said Katherine Sapna, a field officer for the advocacy group Centre for Legal Aid Assistance and Settlement (CLAAS). Lawyers are rallying against the government in a bid to reinstate former Supreme Court Chief Justice Iftikhar Chaudry, who was deposed by former President Pervez Musharraf.


More ‘Blasphemy’ Cases

Christian legislators have called on the Pakistani Parliament to strike down its blasphemy laws, as they are frequently used against the Muslim-majority country’s Christian minority.

Punishment for blasphemy in Pakistan can potentially mean death, and the charges are easy to file. Private citizens can register a blasphemy case, whereas normal procedure calls for police officers to file charges.

According to a CLAAS report, police opened blasphemy charges against two Christians on March 1 in the village of Malukay, 55 miles southeast of Lahore. Walayat Masih and his daughter Sarina attended a fair in a graveyard to honor a deceased religious figure, Muharri Shah, revered by both local Christians and Muslims.

In the course of the celebrations, local Muslims thought that the Christians had improperly covered an Islamic inscription on the tomb. Soon a mob gathered and began attacking those Christians who weren’t able to flee. A crowd cornered Masih and his daughter and severely beat them until police arrived and took the victims to the police station, where they were charged with blasphemy.

CLAAS is investigating the case. The organization will represent the two in court if charges are not dropped.  

Report from Compass Direct News