Explainer: the medevac repeal and what it means for asylum seekers on Manus Island and Nauru

Jacqui Lambie has made a secret deal with the Coalition government to secure the repeal of medevac.
AAP/Lukas Coch

Alex Reilly, University of Adelaide

After much negotiation, the government has secured the repeal of the medical evacuation law – known as “medevac” – after making a secret deal with Senate cross-bencher Jacqui Lambie.

So what does this mean for those held in offshore detention?

Understanding the numbers

The number of refugees and asylum seekers in Nauru and Manus Island peaked at 2,450 in April 2014 (1,273 on Manus and 1,177 on Nauru) and has been dropping ever since. As of this week, about 466 asylum-seekers and refugees remain offshore – 208 on Papua New Guinea and 258 on Nauru.

Of the nearly 2,000 who are no longer in offshore detention, 632 have been transferred to the United States, 17 died in detention, mainly due to suicide, several hundred have been deported after their claims had been rejected, or after returning “voluntarily” with financial assistance from the Australian government. Of these returnees, 33 have been reported dead.

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Read more:
Explainer: how will the ‘medevac’ bill actually affect ill asylum seekers?

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In addition, the majority of those who are no longer on Nauru and PNG have been transferred to Australia for medical treatment. Prior to the Medevac law, 1,246 people had been transferred to Australia for medical reasons, including accompanying family. “Less than a handful” of these were returned to Nauru or PNG. The most recent return was on April 15 2018.

The number of medical transfers jumped dramatically from 2017-18, when there were 35 transfers, to 461 from July 2018 to the passing of the medevac law in February 2019. Since then, a further 288 were transferred under the earlier system of approvals.

According to Senates Estimates, between March 2 2019 when Medevac became law, and October 21 2019, 135 refugees and asylum seekers from Nauru and PNG have been transferred for emergency medical treatment under this process.

Why has there been such a focus on medevac?

The primary failure of the policy of removing asylum seekers to Nauru and PNG for processing has been the inability to find permanent resettlement options for those who are found to be refugees under the UN Convention.

Having ruled out resettlement in Australia, the government has scrambled to find other countries to take in the asylum seekers. In 2016, then-Prime Minister Malcolm Turnbull was fortunate to find President Barack Obama open to a resettlement arrangement, which he subsequently convinced Donald Trump to honour.

But this has been the only option on the table. There was an aborted deal with Cambodia, and a small number have been resettled in Canada through private sponsorship. The government inexplicably refused an offer from New Zealand to resettle 150 refugees each year, concerned they could then enter Australia via New Zealand.

With limited prospects for resettlement, and the mental health of those on Nauru and PNG always vulnerable and quickly deteriorating, medical transfers have been an important strategy. The increasing number of people transferred for medical reasons is a result of the escalating medical emergency.

Prior to medevac, transfers were at the discretion of the minister. When the minister refused a medical transfer to Australia, people were forced to challenge the exercise of the minister’s discretion in the courts.

After protracted legal actions, Australian courts routinely ordered the minister to transfer people for urgent medical treatment to fulfil Australia’s duty of care to people in offshore places. Medevac replaced this cumbersome process with a medical assessment by two doctors that was reviewed by an independent health advice panel. The minister maintained the power to refuse a transfer on security grounds.

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Now that the medevac law has been repealed, people will once again rely on ministerial discretion for a medical transfer. One would expect that most, if not all, of those remaining on Nauru and PNG will eventually make an application for a transfer. This is because spending up to six years in these places with limited facilities, and an indefinite timeframe for their detention, will eventually undermine the mental health of even the most robust of those who remain.

Recent figures released by the Department of Home Affairs suggest there are currently 418 applications for a transfer out of the remaining 466 people remaining offshore.

The tragedy is that these applications will not be assessed on purely medical grounds, and are likely to be long and protracted.

Repeal of medevac and the end game for offshore detention

The government’s repeal of the medevac law will do little more than delay transfers of the last remaining refugees held offshore. We may never know the conversations between the government and Jacqui Lambie, but perhaps she was persuaded that there was value in the government maintaining its uncompromising line on asylum seekers arriving by boat, while medical transfers continue unabated.

The majority of those now in Australia as a result of a medical transfer live in alternative places of detention while they access medical treatment. In time, the only realistic option is to grant these people a visa to stay in Australia. This should happen quietly, while the government maintains its firm but unrealistic line of no one ever being resettled in Australia.

These people can then become part of the Australian community, adults can find work, children can go to school. If this happens, there will be no resumption of boats arriving from Indonesia, and we can be rid of the blight of offshore detention.

Alex Reilly, Director of the Public Law and Policy Research Unit, Adelaide Law School, University of Adelaide

This article is republished from The Conversation under a Creative Commons license. Read the original article.

Jailed Pakistani Mother Living in Constant Fear, Husband Says

Murder of Punjab governor intensifies security concerns for woman sentenced to death.

LAHORE, Pakistan, January 19 (CDN) — A mother of five sentenced to death on “blasphemy” charges has lived in constant fear since the killing of Punjab Gov. Salman Taseer, her husband told Compass as he came out of Sheikhupura District Jail after meeting with her last week.

Ashiq Masih said his wife, Asia Noreen (alternatively spelled Aaysa, and also called Asia Bibi), is “very afraid.” Her conviction triggered a violent chain of events in Pakistan, including the Jan. 4 murder of Taseer by his bodyguard after the governor voiced support for her.

“She knows the Muslims have announced a prize on her head and would go to any lengths to kill her,” a visibly nervous Masih told Compass. “The governor’s murder in broad daylight has put her in a state of paranoia.”

He added that threats by Islamist extremists have dampened Noreen’s hope of getting justice from the Lahore High Court, where her appeal against the conviction has been filed but yet to be taken up.

Wearing a dark cloak to hide his identity, Masih was visibly nervous after meeting with her on Jan. 11.

“She was asking me about the situation outside,” he said. “I tried to console her, but she knows it’s really bad. She’s also worried about the children.”

The mother of two children and stepmother to three others, Noreen asked him to appeal for more prayers for her, he said.

“Please tell everyone to pray for her,” he said.

Masih said prison authorities had improved Noreen’s security considerably after Taseer’s killing.

“She’s being kept in a separate cell with a warden deployed 24 hours for her security,” he said. “Only I am allowed to meet her, but even I am searched completely before they bring her out for the meeting. I just hope and pray she keeps safe inside the prison.”

Still, prison officials have reportedly said she will be transferred to another prison soon because of security concerns.

The female warden tasked with Noreen’s security the day Taseer was killed told Compass of the Christian woman’s reaction to the news.

“I was escorting her for her routine walk on the evening Governor Taseer was gunned down,” said the warden, who requested anonymity. “We were passing by a barrack when the news broke out on TV that the governor was dead … She stood there in shock for some time, and then she started screaming and crying.”

The warden added that she helped Noreen back to her cell, “as she could barely walk and kept weeping.”

“She cried all evening and also refused to have supper,” the warden said. “The governor’s killing shattered her. The governor’s visit had boosted her morale – she was very happy and every time I spoke to her, I could feel the joy in her heart. She shared with me how she had lost hope, and how God had sent Taseer to help her. A particular verse that she often repeats is from John 14:1, which says, “Do not let your hearts be troubled. You believe in God, believe also in me.”

The warden said she was assigned Noreen’s security following reports that attempts would be made to kill her inside the jail. Since Taseer’s killing, she said, Noreen has grown suspicious of everyone around her.

“She’s only taken out of her cell for an hour, but even then she is fearful of her surroundings, even though all the other inmates are locked up before she’s taken out for exercise,” she said. “One can imagine how insecure she must be feeling after Taseer was killed by one of his own guards.”

Sheikhupura District Jail Superintendent Sheikh Khalid, who recently assumed charge, told Compass that Noreen was the most “high value” inmate of the prison and that he was not going to take any chances regarding her security.

“She is on the hit list of several extremist organizations,” he said, “and there are reports that she might be targeted inside the jail – moreover, she has a 30 million rupee [US$350,000] prize on her head. This is enough incentive for anyone to kill her.”

He said the prison had enhanced its security measures, and additional forces have been employed to guard the premises at night.

“No one except her husband can meet her,” Khalid said. “I have also directed her not to eat anything given to her by any person other than the wardens deployed for her security. We are trying our best to keep her safe, but life and death are in the hands of Allah.”

Noreen’s lawyer, S.K. Chaudhry, declined to discuss the future course of legal action because of the sensitive nature of the case.

Noreen has been condemned to death for insulting Islam’s prophet, Muhammad, a charge she denies. A week after her conviction, the governor of Punjab province visited her in jail. Taseer, a liberal Muslim, did not mince words as he assured Noreen of his support. He told her he believed that the charges against her were fabricated and that there had been a miscarriage of justice. He promised that he would recommend a presidential pardon for her.

During that visit, he called Pakistan’s blasphemy statutes “a black law” and called for their repeal – a demand that ultimately resulted in his brutal killing, as one of his own police bodyguards believed that Taseer had blasphemed by criticizing the law.

Masih, Noreen’s husband, said he was about to have lunch when he first heard the news of the killing of Taseer on TV.

“I had taken the first bite when the news flashed that Governor Taseer had been killed,” he said. “I was stunned, couldn’t swallow the food either … no words can explain that moment.”

He denied government reports that it was providing his family security, saying they were living in a safe-house arranged by “some friends” and surviving on money provided by Christian organizations. Taseer’s murder, he added, had shaken the little confidence the family had after the governor’s assurance of support to them.

“They killed the governor for supporting her,” he said. “He died for us, but it seems his sacrifice has gone in vain.”

Report from Compass Direct News

Murder of Governor in Pakistan Darkens ‘Blasphemy’ Case

Assassination called a blow to prospects of justice for Christian mother on death row.

LAHORE, Pakistan, January 5 (CDN) — The case of Asia Noreen, the first Christian woman sentenced to death in Pakistan on blasphemy charges, suffered a major setback when her most vocal supporter, the governor of Punjab Province, was gunned down by one of his police bodyguards yesterday (Jan. 4) in Islamabad.

The lives of Noreen and Gov. Salman Taseer were at risk since the day he, his wife and daughter visited her in the Sheikhupura District Jail on Nov. 22, after news of her conviction appeared in the media.

Taseer had openly criticized the blasphemy statutes and vowed to try to repeal the “black laws” in parliament. He also promised Noreen (also called Asia Bibi) that he would recommend a presidential pardon for her.

The governor’s assurance and his support for Noreen gave new hope to the impoverished mother of two children and step-mother to three others – and drew violent condemnation from Islamist forces, sparking countrywide protests.

“The governor’s visit gave us hope that all was not lost,” Sohail Johnson of Sharing Life Ministries Pakistan, which has pursued Noreen’s case from the onset, told Compass. “We believed that God had sent the governor to help us … his words of support boosted Noreen’s morale, and she was actually quite optimistic about the outcome of her appeal in the high court.”

He said the murder of Taseer in broad daylight had shocked all those opposing the blasphemy laws, and that “there is little hope of these laws ever being repealed.”

Johnson confirmed that Noreen’s life was at high risk ever since the governor had highlighted her case.

“The local Islamist forces believed that President [Asif Ali] Zardari would pardon Noreen on Taseer’s recommendation, and this was unacceptable to them,” said Johnson, confirming that intelligence agencies had determined that Islamists had plotted to kill Noreen inside jail to make an example of her. “Noreen was earlier allowed two hours in the morning and two in the evening to go outside her cell to relax. After the intelligence information, the jail authorities restricted her movement, and now she is kept in the cell at all times. A security guard has also been deployed with her.”

He added that news of the assassination of the governor would surely panic the Christian woman.

Johnson said Noreen’s appeal of her conviction had yet to be taken up for hearing by the Lahore High Court, but that the murder would definitely affect the course of justice. “The governor’s brutal murder has diminished our hopes for justice for Noreen,” he said.

Her family, he said, has been in hiding since Islamist parties started protests in favor of the blasphemy laws.

“Even I am keeping a low profile these days,” Johnson said.

Taseer and Noreen were declared “Wajibul Qatil” (liable to be killed) by radical Islamic clerics. A cleric in Peshawar and a local politician in Multan offered a combined sum of 50 million rupees (US$579,300) for anyone who killed Taseer and Noreen.

Protests, shut-down strikes and general uproar pressured Pakistan’s federal government to announce that the blasphemy laws would not be repealed.

Taseer, however, continued to publicly vent his opposition – even using Twitter – to the blasphemy laws, which effectively mandate death for anyone convicted of insulting Muhammad, the prophet of Islam. Although courts typically overturn convictions, and no executions have been carried out, rights activists say the laws are used to settle rivalries and persecute religious minorities.

On Friday (Dec. 31), Taseer had tweeted “I was under huge pressure 2 cow down b4 rightest pressure on blasphemy. Refused. Even if I’m the last man standing.”

The assassination is significant not simply because of the person targeted and the reason behind it, but because of the broader societal implications.

“[It points to] the presence of radical elements inside the Pakistani state apparatus,” said columnist Cyril Almeida.

He said that the fact that Taseer’s own bodyguard shot him is not just worrying because it indicates a failure of the vetting process but because it points to “the extent to which this poison has affected the Pakistani state. The investment in jihad has come home to roost.”

In the hours immediately following the killing, television anchors hosted several shows in which guests, while stopping short of openly supporting the murder of Taseer, did speak out in support of killing those deemed to have blasphemed. Some Pakistanis have reported that they received text messages on their mobile phones praising the assassination.

Pakistan Interior Minister Rehman Malik has said the guard, Malik Mumtaz Hussein Qadri, told police that he killed Taseer because of the governor’s opposition to Pakistan’s blasphemy laws. Qadri had escorted the governor from Rawalpindi to Islamabad on Tuesday (Jan. 4).

A 26-year-old policeman from Barakhao on the outskirts of Islamabad, Qadri had reportedly transferred to the Elite Force after commando training in 2008. Thus far, he has not been identified as a member of any violent Muslim extremist groups but is considered devout in his faith.

Noreen was convicted under Section 295-C of the defamation statutes for alleged derogatory comments about Muhammad, which is punishable by death, though life imprisonment is also possible. Section 295-B makes willful desecration of the Quran or a use of its extract in a derogatory manner punishable with life imprisonment. Section 295-A of the defamation law prohibits injuring or defiling places of worship and “acts intended to outrage religious feelings of any class of citizens.” It is punishable by life imprisonment, which in Pakistan is 25 years.

Report from Compass Direct News

Pakistani Islamists Keep Two Newlywed Couples from Home

Armed Muslims upset that Christians complained to police of false ‘blasphemy’ charge.

KARACHI, Pakistan, May 27 (CDN) — Islamists armed with pistols and rifles waited for two Christian couples to return to their rented home this week, seeking to kill them after the newlyweds complained to police that the radical Muslims had falsely accused them of desecrating the Quran, according to a local Christian legislator.

Christians Atiq Joseph and Qaiser William and their wives, who requested anonymity, went to an undisclosed location after Christians in Gulshan-e-Iqbal town, Karachi, warned them that the armed Muslims were stationed in front of their joint home on Friday (May 21), said Saleem Khurshid Khokhar, a representative of Sindh in the Punjab Provincial Assembly.

“These 10 unidentified, armed Muslim men were still patrolling in front of the houses of Atiq Joseph and Qaiser William, waiting for them to return and shoot them to death,” Khokhar told Compass earlier this week.

The Christians were returning from having tried to file a complaint against the Islamists at Peer Ilahi Bakhsh police station of Gulshan-e-Iqbal town – where Muslim police responded by shouting angry obscenities at the couples and began secretly planning to charge them under Pakistan’s widely condemned “blasphemy” laws, Khokhar said. Both couples were wed on April 2.

Earlier that day (May 21), about 20 Muslim extremists had threatened to kill the Christian couples after accusing them of desecrating the Quran, the legislator said. Having just moved into the joint home in a predominantly Christian slum, the previous day the couples had gathered a large pile of garbage after cleaning up debris, including pieces of old newspapers, left by the previous tenants.

On Friday (May 21), after Joseph and William had left for work, their wives threw the debris onto the pile of garbage, Khokhar said. An area resident, Bashir Pervezi, told Compass that a door of their home was open and anyone passing by could see the women at their household work.

“I was standing in front of the new Christian tenants’ house while 20 bearded, armed Muslim men arrived and started searching for something in the garbage,” Pervezi said. “After about 35 minutes of searching, they started shouting at the women and hurling threats of dire consequences, threats of killing family members for desecrating the holy pages of Quran and Hadith [words and deeds of Islam’s prophet, Muhammad] by dumping them onto waste.”   

The two housewives went out and read every scrap of paper, said Pervezi, but they found no pages of the Quran or the Hadith, said both Pervezi and Khokhar. 

The women did their best to reason with the armed Muslims, who only continued to insist that the new Christian tenants had desecrated the pages of the Quran and the Hadith, Khokhar said.

“The armed Muslim men who had arrived from an unknown place terrorized both Christian women by threatening that they should prepare to face death for desecration of the pages of the holy Quran and the holy Hadith,” Khokhar said.

Local Christian residents told Khokhar as well as Compass that they found no pages or excerpts of Quranic verses or of the Hadith. The area Christians confirmed Khokhar’s assertion that the armed Muslims went away hurling threats. The women immediately informed their husbands of the confrontation.

Joseph and William consulted with local residents and decided to go to the police station for justice and protection. When they and their wives submitted an application to register a case against the 20 Islamic extremists for threatening them and leveling false allegations of desecrating the Quran and Hadith, the station house officer (SHO) and other Muslim police officers became furious, the couples told Compass.

Police began to shout obscenities at them, they said. A sympathetic police officer aware of their innocence notified them that the SHO was secretly planning to register a First Information Report against them under Article 295-A of the blasphemy law – hurting religious feelings, which can bring life in prison – and would put them in jail, Khokhar said. The officer told them to hurry away. 

As the couples made their way home, Christian residents warned them that 10 Muslims armed with pistols, Kalashnikovs and long-range rifles were waiting for them and kept them from returning home, Khokhar said.

The two couples went to an undisclosed location to avoid danger.

The SHO at the Peer Ilahi Bakhsh police station was unavailable for comment; after Compass made repeated requests to speak with him, a police station registrar said that the SHO could not comment because he was ill in the hospital.

Khokhar called on the government to immediately repeal all discriminatory laws, including the controversial blasphemy laws – 295-A for injuring religious feelings, 295-B for defiling the Quran and 295-C for blaspheming Muhammad – as they have often been misused by fanatical Muslims against Christians.

Maximum punishment for violation of Section 295-A, as well as for Section 295-B (defiling the Quran), is life imprisonment; for violating Section 295-C the maximum punishment is death, though life imprisonment is also possible.

Report from Compass Direct News 

Deadline for re-registration passes; churches face illegal status

Oppressive new laws in Azerbaijan and Tajikistan required religious communities to re-register with the government by January 1, 2010 or face illegal status. As of December 16, only about 100 of Azerbaijan’s 534 religious communities had been able to do so. Fewer than half of Tajikistan’s religious communities re-registered, reports MNN.

According to Joel Griffith of Slavic Gospel Association, officials place obstructions in the paths of churches trying to re-register.

"They will find some technicality or basically any reason to deny registration. So even if some of the groups actually follow the law to the letter and meet the requirements, it just seems very arbitrary and capricious as to whether the officials will agree to register to not," he explained.

It’s unclear how strictly the governments of the two nations will enforce their laws.

"In the worst case scenario…they could basically close congregations down and impose pretty stiff penalties," Griffith said. "In the best case scenario…unless they agree to fully repeal these statues or amend these laws, I think we need to just hope and pray that even though they’re on the books, these things won’t be enforced."

That’s often the case in countries that have similar laws. The new laws include other burdensome requirements in addition to the re-registration mandate. Azerbaijan’s law requires religious communities to provide more information for registration and to obtain approval to build or rebuild places of worship. It also prohibits the sale of religious literature in unapproved locations and religious activity outside registered addresses.

Tajikistan’s religion law censors religious literature, bans state officials from founding religious communities, requires state approval to invite foreigners for religious visits or to travel abroad for religious events, and restricts children’s religious activity and education.

Christians in Azerbaijan are especially concerned about how courts might interpret unclear provisions in the law. They fear a loose interpretation could penalize "peaceful religious activity." Griffith quoted a passage from the law and explained the issue.

"‘The community formulates its relations with other religious confessions on the basis of religious toleration (tolerance), respect and the avoidance of conflict,’ and the community cannot use violence or the threat of violence in proclaiming its faith. Well, if you don’t define those terms, such as ‘respect and the avoidance of conflict’…you could almost say that Christian evangelism could even be illegal under a formulation like that."

Since Christians believe in only one means of salvation — Jesus Christ — it would be entirely possible for disagreement with other religious groups to be interpreted as "conflict." However, Christians are not the only people worried about the potential impact of the law.

"It’s not just Christians that are concerned; we’ve got Muslim groups that are concerned. These are largely Muslim nations," Griffith said. "I think there are a number of people that are concerned about what this will possibly do down the road."

No matter what does happen, the Christian church will remain committed to the Gospel.

"Regardless of what happens in these countries, the churches still have their marching orders from the Lord: to proclaim the Gospel," Griffith said. "And no matter what man does, they’re going to continue to proclaim the Gospel."

Christians in Tajikistan and Azerbaijan need the prayers and support of their fellow believers. SGA has been supporting churches in the former Soviet Union for 75 years, and it continues to support churches in these two countries.

"It’s important to help them take advantage of every open door they can find to share the Gospel," Griffith said. "It might be through supporting a church-planting missionary; it might be through providing Russian-language Bibles and literature; it may be through helping to support in-country training, and sometimes that training has to take place quietly…. But for churches here in the West that have the resources, it’s important to support our brothers and sisters there who don’t have the resources that we do."

Report from the Christian Telegraph 

Pakistan court releases 18 Muslims held for Gojra violence

Eighteen Muslims arrested in the wake of Gojra violence under the Anti-Terrorism Act (ATA), were released from their local district jail on Saturday, September 19, Pakistan English Daily “Dawn” has reported, reports Dan Wooding and Sheraz Khurram Khan, special to ASSIST News Service.

Gojra, a small town in Punjab province of Pakistan exploded into the international limelight when miscreants on August 1 set ablaze over 50 Christian houses that resulted in killings of seven Christians. Scores of Christians left their houses, fearing further trouble from extremists.

The newspaper said the Muslim men were booked under Section 7 of the ATA on the charges of attacking Christian community on July 29 and August 1 following an incident of alleged desecration of the Holy Quran in Chak (village) 95-JB, Adda Korian, and Christian Colony, Gojra.

They were declared innocent by a joint committee of Muslims and Christians formed to reconcile between both the groups, said the Dawn report.

The committee recommended to the police to delete the names of these 18 people from the Police First Information Report on which they were set free, it said.

Reacting to the release of the Muslim men, Mr. Joseph Francis, Director of the Centre for Legal Aid, Assistance and Settlement (CLAAS), has alleged that the Chief Justice Lahore High Court, is “anti-Christian, biased and a fanatic.”

Francis alleged that the Chief Justice had granted bail to the Muslim men without serving notice on the lawyers of Catholic Church, therefore they could not appear in the court the day the accused were granted bails, he said.

He said CLAAS was going to protest against the decision by setting up a hunger strike camp outside Lahore Press Club.

When ANS asked him how Christians could have reservations on the release of the Muslim men when a committee comprising of Muslims and Christians declared them innocent, Mr. Joseph said he doubted the “credibility of the committee.” He went on to say that a Catholic priest of Gojra Shafique had given a pardon to the Muslim men without consulting with the victims.

“How could the Muslim men in question be granted bail when the findings of the Inquiry Commission led by Justice Iqbal Hameed-ur-Rehman have not come to the fore?,” he questioned.

Francis maintained the police in the wake of Gojra violence mentioned names of some 129 Christians in a cross version. Out of 129, he said, 100 Christians are unidentified where as 29 Christians have been named.

He also revealed that a Bishop of the Church of Pakistan, John Samuel and his son have also been named in the cross version, which means these people were not originally named in the FIR but police added their names later as accused.

The CLAAS director said the police arrested two Christian brothers named Naveed and Nouman and claimed to ANS that Nouman had opened fire on miscreants, which he said saved lives of so many Christians as it enabled them to flee the scene.

He said Nouman was in Karachi when the Gojra violence took place but the police have arrested him.

Francis said he lodged a petition against arrest of the two brothers in Lahore High court. Mr. Francis said that when the high court asked the police in a hearing on Friday, September 18, they said the pair was not in its custody rather they have been taken by the law enforcement agencies.

According to Mr. Francis, the court has ordered the Station House Officer, Rasool Ghulam, District Coordination Officer and District Police Officer to explain the court about Naveed and Nouman on October 1, 2009.

Asked to comment on the recent statements by Pakistani religious hardliners and conservative politicians opposing the repeal of Pakistan blasphemy laws, he said he was going to present a memorandum demanding the repeal of Pakistan blasphemy laws to the United Nations in Rawalpindi.

“The religious parties are making a political capital by reiterating their inflexible posture on repeal of the blasphemy laws,” he claimed.

Report from the Christian Telegraph 

PAKISTAN: ISLAMIC RADICALS STORM ‘BLASPHEMY’ HEARING

Christian couple on trial; member of prosecution team threatens to kill wife.

ISTANBUL, May 29 (Compass Direct News) – Radical Pakistani Muslims in a town outside of Lahore this month overran a courtroom in hopes of swaying a judge in a “blasphemy” case against a Christian couple, and a member of the prosecution later threatened to kill the wife.

Some 50 molvis (Muslim clergy) on May 14 burst into the courtroom in Mustafabad, where a bail hearing was taking place in the case against Munir Masih and his wife Ruqiya Bibi, according to the Centre for Legal Aid Assistance and Settlement (CLAAS).

“Nobody could stop them as they rushed into the court,” said CLAAS’s Tahir Gull, sole representative for the accused. “They said, ‘No non-Muslim has the right to keep a Quran in his house, they have done this so they are liable to be punished.’”

Masih and Bibi, both in their 30s, were originally accused under section 295-B of Pakistan’s penal code with defiling the Quran by touching it with unwashed hands on Dec. 8 of last year. Masih was taken to prison and remained there until Jan. 22, when a Muslim neighbor who had asked him to store some of his possessions, including his Quran, testified on his behalf and the case was dropped.

The complainant, Mohammad Nawaz, subsequently filed another accusation on Feb. 12, this time under 295-C, blasphemy against Muhammad, Islam’s prophet. This charge carries a death sentence, whereas defiling the Quran calls for life imprisonment.

Despite pressure from the crowd of clerics, Judge Shafqat Ali – also a molvi – granted the couple bail. Following the hearing, however, a member of the prosecution team approached Bibi outside the courtroom and threatened to kill her.

“Ruqiya was waiting outside the court,” said Gull, “and one man came and said, ‘Whatever the decision, we will kill you.’”

A prosecution lawyer read portions of the Quran while presenting his case, he added.

“He was not explaining the law in which the accused were charged,” said Gull. “He was trying to influence the court religiously.”

Charges of blasphemy are common in Pakistan and particularly incendiary, often leading to strong shows of religious zeal. It is not uncommon for sections 295-B and 295-C of the Pakistani penal code to be invoked in retaliation for personal grievances.

“It is very easy to grab any person for religious reasons,” said Parvez Choudhry, chairman of Legal Aid for the Destitute and Settlement, who specialize in blasphemy cases. “There are many personal cases involving property, or money, or business that motivate the complainant against the accused person. All the cases are falsely charged.”

Pakistan’s blasphemy laws have come under heavy fire from international rights groups. Any private citizen can file blasphemy charges, destroying reputation and livelihood. The charge can possibly lead to the death penalty in the conservative Islamic country.

Masih, who before his initial arrest had been a day laborer, is no longer able to find work due to the stigma of the blasphemy accusation.

“There is a need to repeal these sections [295-B and 295-C],” said Choudhry. “This is considered a draconian law.”

Section 295-C carries a death sentence for anyone found “by words or visible representation or by an imputation or insinuation, directly or indirectly, [to have] defiled the name of the Muhammad of Islam.”

Choudhry suggested that just correcting the vagueness of this definition would go a long way toward reducing its frequent misuse.

“The word ‘indirect’ should be repealed – this is wrong, unconstitutional,” he said. “They have no value in the Evidence Act of Pakistan. The Evidence Act states that there needs to be direct evidence for a conviction.”

The next court date has not yet been assigned, but Gull said he is confident about securing an acquittal.

“We have a good case on our side,” he told Compass. “I am very optimistic.”

Report from Compass Direct News

PAKISTAN MINORITIES WILL CONTINUE FIGHTING FOR REPEAL OF BLASPHEMY LAWS

Reiterating his pledge to continue mounting efforts for a repeal of Pakistan’s controversial blasphemy laws, Shahbaz Bhatti, the Chairman of the All Pakistan Minorities Alliance (APMA) has assured the family of a blasphemy-accused that the APMA would not rest until release of Dr. Robin, a Pakistani Christian homeopathic doctor who was arrested in May 2008 after he was accused of blasphemy.

Dr. Robin was accused of passing derogatory remarks against the beard of Prophet Muhammad.

He is currently detained in Gujranawala jail. Dr. Robin’s family was forced to go into hiding as the family members of the accused cannot stay at their home after the stigma of blasphemy has been slapped on any of their family members.

The family of Dr. Robin and some 20 Christian residents of district Hafizabad had come to see the APMA Chief; Mr. Shahbaz Bhatti, after Dr. Robin was accused of blasphemy. They apprised him of the insecurity they had become exposed to after Robin was implicated in a blasphemy case.

The APMA has been extending financial support to the family as well as free legal aid to Dr. Robin since the occurrence of alleged blasphemy by Dr. Robin.

The family of the accused including Veenus, 50, Tariq 42, Waseem Bhatti, 32 and Francis Masih, a relative of Dr. Robin came to the APMA office in Islamabad on October 3, 2008.

Describing the fear and uncertainty that gripped the family members following leveling of blasphemy charges on Dr. Robin, Waseem told ANS that they felt as if a roof had been snatched from them.

“We felt secure after we met the APMA Chief Shahbaz Bhatti,” he said.

“We wanted our voice to be raised. We were desperately looking for someone to steer us out of the problem we were confronting. We were praying for some help. We prayed to God and we knew our prayers were heard when we met Shahbaz Bhatti”, said Waseem.

The young Christian man went on to say that fears of sorts were assailing the family’s mind after detention of Dr. Robin. They (fears) left us disturbed and helpless all the more, he said.

After incarceration of Dr. Robin, he said the family had lost the breadwinner and they were not in a position of hiring a lawyer.

“You need a lawyer to defend you even in a simple dispute. We knew we had to hire a competent defense counsel for Dr. Robin. It was again Mr. Shahbaz who extended free legal aid for Dr. Robin”, said Waseem as tears ran down his cheeks.

Waseem, who works as an animator in a local Non Governmental Organization (NGO) feared that it had become virtually impossible for Dr. Robin to run his clinic at the same locality.

He also ruled out possibility of any of his family members staying at the same place after leveling of blasphemy accusations on Dr. Robin.

“His (Dr. Robin’s) family members are living in hiding. They have been able to find a roof above their heads with the help the APMA Chief extended to the family but you still feel alienated. You take time to settle down at a new place. You continue to live a tension-ridden life”, he said.

“The children of Dr. Robin have been robbed of fatherly love. Michael Rose, the youngest of Dr. Robin’s children used to stay in a hostel. He does not feel comfortable staying at the hostel now”, said Waseem.

In response to a question he said that during this period of tribulation Dr. Robin had emerged as a strong Christian. He said his (Dr. Robin’s) belief in Christ had only become stronger.

Tariq, a relative of Dr. Robin told ANS that Dr. Robin wished to be released as soon as possible.

He said the incident had come as a big jolt to the children of Dr. Robin.

He said they had not been able to concentrate on their studies fully after Robin was arrested by the police.

Francis, brother-in-law of Dr. Robin called for repeal of Pakistan’s blasphemy laws.

Citing his talks with a couple of Muslim friends, he said that they were of the view that the law should be repealed.

“My Muslim friends admitted that a thorough investigation should be made before lodging of a blasphemy-related Police First Information Report (FIR)”, said Tariq.

Tariq disclosed that he had been able to record a conversation between the complainant and some family members of Dr. Robin in which the complainant tried to do a “deal” with the family of the accused.

According to Tariq, the complainant said that he would withdraw charges against Dr. Robin if his family agreed to pay him money.

He claimed he recorded the conversation on September 19, a day ahead of the hearing of Dr. Robin’s case in a lower court.

Echoing a grave concern of Pakistani Christians, who like their fellow Muslim Pakistanis want their concerns to be highlighted on national and print media, Tariq said that Dr. Robin’s case only drew marginal coverage of the incident.

Lashing out at the police he alleged that the police failed to provide adequate security to Dr. Robin’s family.

“If the Police had provided security to Dr. Robin’s family and his vulnerable relatives then they might have decided to continue staying in Hafizabad but in the absence of any such security the family was forced to go into hiding”, he said.

In an apparent bid to support his disbelief in the police, he said that police did not take initiative for rescuing Dr. Robin’s family “rather some local Christians entered Dr. Robin’s home at about 3 am and rescued the family members who had become prone to attack by the angry Muslim residents of Hafizabad”.

“Do you want us to jump into fire”, he quoted a police official as saying, who Tariq and other Christian residents of the area wanted to rescue Dr. Robin’s family members.

Post-arrest situation

Tariq said when he and some other members of Dr. Robin’s family went to Dr. Robin’s place to collect some clothes, books and some other daily use items they saw a “shocking scene”.

“Not even a single thing was at its place. There were visible signs of human presence at Dr. Robin’s house. It was not hard to conclude that some people have been living at Dr. Robin’s house. We saw crumbs of bread, chicken bones, and unwashed dishes.

Dr. Robin’s house had been ransacked”, said Tariq, who looked scared while sketching the ransacked home of Dr. Robin.

He said that the lower court rejected a post-arrest bail petition, prompting the APMA to file a petition in Lahore High Court.

Asked who could have inhabited Dr. Robin’s house after his arrest and exiting of his family members, Tariq said that the fundamentalist Muslims of the area could have maintained their presence at Dr. Robin’s house. Nobody could have dared entering Dr. Robin’s home if the police had been vigilant, he said.

Tariq disclosed that a small but angry Muslim crowd took out a rally in a bid to pressurize the court.

He said that participants of the rally were holding placards, which were inscribed with slogans, “Give death to Dr. Robin.”

He disclosed that the witnesses at a court hearing had submitted their written version on legal papers that Dr. Robin did not commit blasphemy.

He said he learned that Dr. Robin’s lawyer also gave precedents of post-arrest bails granted to blasphemy accused in the past “but even then the judge did not grant post-arrest bail to Dr. Robin”.

Talking to the APMA Chief, Mr. Shahbaz Bhatti, Veenus said that recording of the alleged conversation between the complainant and some family members further angered the local Muslims.

Thanking Mr. Shahbaz, she said she was optimistic that Dr. Robin would soon be home due to the APMA’s efforts.

She said: “I urge the Christians across the world to pray for release of my husband from prison. I cannot give fatherly love to my children. We want him back as soon as possible”, she said while talking to the APMA Chief”.

The APMA Chief told ANS that he was going to urge authorities to do an in-camera trial of Dr. Robin for security purposes. An application in this regard would be moved soon, he said.

He assured the family of the accused that Dr. Robin would soon be with them.

“The APMA is concerned. It (APMA) has been since leveling of the blasphemy accusations on Dr. Robin. We stand by you at this critical juncture in Robin’s and your life,” Shahbaz told the family of Dr. Robin who had come to see him at his office in Islamabad.

“It is the case of entire Christian community. When children of Dr. Robin talk to me by phone, I could feel the agony in their voices. I understand what they are living through. The APMA will do all it can to ensure expedient release of Dr. Robin”, said Shahbaz.

“We understand that the Pakistan blasphemy laws are being misused to settle personal scores. Religious enmity, prejudice and intolerance have been found behind filing of blasphemy cases in the past”, he maintained.

“God will move in His own mysterious way. Dr. Robin will be with you soon”, the APMA Chief told Dr. Robin’s spouse, Veenus.

Shahbaz reiterated his pledge that the APMA would continue to extend free legal aid to the blasphemy accused.

He said the APMA would continue to struggle until the blasphemy laws are repealed.

A person is reduced to the status of a refugee in his country after blasphemy allegations are leveled against him, said Shahbaz implying to the threats the accused and his family receive after slapping of blasphemy charges.

Responding a question, he said the APMA had been providing free legal aid and shelter to the blasphemy-accused since the abuse of the law became rampant in Pakistan.

The APMA, he said, wants to see the controversial laws abolished. He disclosed that he wanted to table a bill in parliament in a bid to either get the laws repealed or see them significantly amended.

He appealed to the Christians across the world to pray for the APMA and Pakistani Christians.

“I thank you for your previous prayers and support. We need your prayers to be able to continue fighting for the rights of the marginalized and the down-trodden Pakistani Christians and other minorities”, he said.

Dubbing Pakistan blasphemy laws as a death warrant in the hands of extremists, Shahbaz called for the repeal of the law, which he said had done more harm than good since their introduction in 1986.

Report from the Christian Telegraph