Saving Dr. Shaikh

(The following article by IHEU Executive Director Babu Gogenini appeared in International Humanist News for December 2000/January 2001.)

Dr. Younis Shaikh is founder-President of Enlightenment, the Pakistan-based IHEU member organisation. A teacher at a medical college in Islamabad, Dr. Shaikh was arrested on 4 October 2000 by the Islamabad police and booked under the dreaded Section 295-C (Blasphemy) of the Pakistan Penal Code for allegedly saying that the Prophet did not become a Muslim till the age of 40 (i.e. until he received the first revelation), and that the Prophet’s parents were non-Muslims since they died before Islam was proposed by the Prophet. Blasphemy in Pakistan is a cognizable offence, punishable mandatorily by death.

Dr. Shaikh informs the IHEU

After two weeks in detention, when Dr. Shaikh was presented to the court for formal identification, he had no lawyer, he was not supplied with a copy of the Police First Information Report, and was not allowed to meet anyone. A group of 20 clerics — menacing and aggressive - representing the Majlis-I-Katam-I-Nabuwat (Organization on the Finality of the Prophet) were present in the court. One of the groups responsible for Pakistan’s descent into lawlessness, this group’s leaders responded to requests for withdrawal of the case with the threat that even those making these requests would he accused of blasphemy. Somehow Dr. Shaikh managed to pass on to a human rights activist IHEU’s E mail address - scribbled on a cigarette pack - thereby alerting the international community to his plight.

IHEU Action

On learnng the shocking news, IHEU immediately sent out an Urgent Action Alert to IHEU Member organisations, as well as to Humanist and Human Rights contacts, A global campaign was launched, a special E Mail address was created to be a focus of protests as well as to centralise information, a web page was set up with available information on the case, and contacts were made with various Embassies and Diplomats. A Fund raising appeal fbr Dr. Shaikh’s defence was also launched, Soon, a coordination strategy was worked out in cooperation with Amnesty international: the new strategy considered the possible negative results of a high profile media campaign. IHEU recognised that the inevitable fundamentalist reaction and uproar might dissuade lawyers from taking up the case, as had happened in the past when lawyers were attacked and physically intimidated by clerics. A low media profile will be maintained until all the legal and diplomatic channels have been exhausted.

Global

Response

The response to IHEU’s appeal for action was overwhelming: as Humanist groups and activists relayed the information all over the world through E mail and fax, hundreds of letters of support were received by the IHEU: from Romania to Slovakia; from Argentina to Tasmania. As suggested by the IHEU, a flood of protests were sent to General Musharraf, Chief Executive of Pakistan; activists contacted their own Foreign Affairs Ministries, Members of Parliament etc. urging them to act. US citizens contacted the Office of international Religious Freedom invoking the provisions of the international Freedom of Religion Act, 1998, which obliges the US Government to take action in such cases. Nationals of EU Member States contacted their Ambassadors, and representatives of the Norwegian Humanist Association and the Finnish Humanist Union met with their Foreign Ministry officials, to discuss appropriate action and possible asylum. The international Academy of Humanism issued letters of protest, the newly formed Institute of Humanist Studies in the United States offered a major donation towards Dr. Shaikh’s defense. At the behest of the French Free Thinkers, some French Members of Parliament and also the CGT-Foree Ouvrière, one of France’s leading Workers Unions, lobbied with their government for support to Dr. Shaikh. The Notional Secular Society and the Sea of Faith Network issued emergency news bulletins; the internet-based UK Humanists and the Rationalist international relayed the news on the Internet. While the Dutch, Italian, Polish and Swiss humanists sent protests as well as activated their contacts in Human Rights groups, the Universite Libre ne llricvelles issued an official protest, as did several UK-based academic institutions. A letter \vas sent to General Musharraf on behalf of the French Academe of Sciences. A team of US-based international lawyers. as well as lnterrights. a leading Human Rights organisation. offered to provide legal help where appropriate. In Pakistan itself, several courageous liberal minded people started an initiative to help Dr. Shaikh, along with the help of the Pakistani diaspora. Their names and their valiant role is not mentioned in detail here only to protect their identity.

Governments and the UN get involved

The American diplomatic mission raised the question of Dr. Shaikh’s safety with the Pakistani Minister for Interior who appeared sympathetic to Dr. Shaikh’s situation - but that sympathy has not yet translated into action. New Zealand’s Ambassador held a meeting in Islamabad with Pakistan’s Foreign Secretary; a meeting of EU Ambassadors under the Presidentship of the French Ambassador was also held to discuss the matter, interestingly, here the problem of blasphemy laws persisting in Europe was also discussed. Finnish Humanistt Union and the Finnish Freethinker~ lobbying led to the Finnish Foreign Minister Mr. Erkki Tuomioja taking a personal interest in the matter. The UK’s Foreign and Commonwealth Office Minister of State Peter Ham wrote to the British Humanist Association that their High Commission was closely monitoring the case; the Canadian High Commission in Islamabad is also keeping a close watch. In Geneva I met with UN Human Rights officials, and also appraised the office of the United Nations Special Rapparteur on Freedom of Religion or Belief of the latest developments.

What should we do now?

Human Rights activists have visited Dr. Shaikh in prison, brought him books and fruits, and found him in inspiringly good cheer. lIe remains physically unharmed, and his health is reasonable despite his being locked up in a crowded cell, among common convicts. Amazingly, Dr. Shaikh also managed to write a letter from prison to our contacts asking for his thanks and greetings to be passed on to the humanist community. Several organisations like the Sea of Faith, and other liberal Christians and Muslims who have also activated their own Human Rights networks have proposed to join an international committee for Dr. Shaikh’s defence. The immediate object of the campaign is to get Dr. Shaikh out of prison. and to obtain asylum for him — and for others who are similar victims of blasphemy laws. Diplomatic efforts - the only realistic means of helping him as things stand - will continue, The strategy of maintaining a low profile in the media will remain unchanged unless the situation changes.

Meanwhile, Dr. Shaikh’s appeal for bail has been rejected in the lower court, and in the High Court the appeal for bail was heard on 22 Dec. 2000: the next hearing is now scheduled for 12 January 2001. The prosecution’s case was argued by 4 lawyers, while a huge crowd of clerics gathered and demonstrated outside the court room, asking for severe punishment for Dr. Shaikh. Dr. Shaikh’s defence will take the line that while the law is against ‘defiling’ the name of the Prophet, ‘defiling’ itself has not been defined in the law. Therefore misstatements about the Prophet or even criticism should not automatically attract provisions of Section 295-C.

As for us, there can be no let up in efforts to help Dr. Shaikh. After all, with calm courage, and with a burning passion for democracy and Universal Human Rights, Dr. Shaikh stood up for others when he was able to. Now it is our turn.

Blasphemy in the Indian sub-continent

A shameful relic of the British Ra's 1860 Criminal Law, the crime of blasphemy exists in various forms in the Penal Codes of Pakistan. Bangladesh and India, Laws relating to ‘defamation’ of religion. ‘hurting the religious sensibilities of sections of society’ or ‘blasphemy’ in the Penal Codes of Pakistan, India and Bangladesh are being increasingly used by the respective countries to prosecute religious dissenters, minorities, rationalists and atheists, and to hamper the free and responsible exercise of the Freedom of Speech and Expression.

Blasphemy in Pakistan

The 1860 Blasphemy law was modified in 1926 before Pakistan was horn, and again in independent Pakistan in 1986 and in 1991 when criminal law was Islamicised, Under the regime of Islamic jurisprudence in the country, the evidence required to prove a crime is ‘at least two Muslim adult male witnesses who are supposed to be truthful persons who abstain from major sins’. It is also required at the trial that the Presiding officer must be a Muslim. Islamic law of evidence declares that the evidence recorded by minorities and women has a status inferior to that of Muslim men.

Blasphemy of Islam is punished differently and much more severely than Blasphemy of other religions. Despite the draconian provisions of the law, and the barbarity of the punishment. Section 295-C does not even precisely define the crime it is meant to punish. This law has a history of abuse since it empowers a police officer to arrest, without obtaining a warrant from a judicial magistrate. Once arrested, very often the accused is murdered either in police custody or even in the court-room itself by blood thirsty zealots. It is difficult to obtain an advocate for those accused of blasphemy, and it is even more difficult to ensure the safety of the accused person’s family. There is absolutely no freedom of religion or belief in Pakistan,  and the country’s theocracy deprives many honest citizens of their liberty and of their life.