A/HRC/16/53/Add.1
who poses as a Muslim, refers to his faith as Islam, or preaches or propagates his faith shall
be punished with imprisonment up to three years and shall also be liable to be fined.
(b)
Response from the Government of Pakistan dated 11 June 2010
296. In its letter dated 29 March 2010, the Government of Pakistan responded to the
communication of 19 April 2010 requesting information about the alleged killings of Mr.
Ashraf Pervez, Mr. Masood Javed and Mr. Asif Masood, members of the Ahmadiyyah
community in Faisalabad, Pakistan.
297. The Government indicated that the matter had been referred to the authorities
concerned for necessary investigation and response. As per the information received, the
local authorities, based on the complaint file by the family member of the deceased, have
registered the case against the unidentified assassins.
298. The Government indicated that investigations are underway to find their
whereabouts and that the concerned administrative and law enforcement authorities have
been instructed to redouble their efforts in this regard.
(c)
Observations by the Special Rapporteur
299. The Special Rapporteur is grateful that the Government of Pakistan replied by letter
of 11 June 2010. He would like to refer to Human Rights Council resolution 6/37, in which
the Council urges States “(a) To ensure that their constitutional and legislative systems
provide adequate and effective guarantees of freedom of thought, conscience, religion and
belief to all without distinction, inter alia, by the provision of effective remedies in cases
where the right to freedom of thought, conscience, religion or belief, or the right to practice
freely one’s religion, including the right to change one’s religion or belief, is violated; […]
(l) to take all necessary and appropriate action, in conformity with international standards
of human rights, to combat hatred, intolerance and acts of violence, intimidation and
coercion motivated by intolerance based on religion or belief, as well as incitement to
hostility and violence”. The General Assembly, in its resolution 64/164, urges States “to
ensure that no one within their jurisdiction is deprived of the right to life, liberty or security
of person because of religion or belief [...] and to bring to justice all perpetrators of
violations of these rights”.
4.
(a)
Urgent appeal sent on 27 July 2010 jointly with the Special Rapporteur on
extrajudicial, summary or arbitrary executions; and Independent Expert on minority
issues
Allegations transmitted to the Government
300. The Special Procedures mandate holders brought to the attention of the Government
information regarding Mr. Rashid Emmanuel and Mr. Sajid Emmanuel, killed on 19 July
2010, in Faisalabad, Punjab province.
301. According to the information received, Pastor Rashid Emmanuel (32 years) and his
brother Sajid Emmanuel (30 years) were arrested in Faisalabad on 2 July 2010 on charges
of having written a pamphlet with derogatory remarks in respect of the Prophet
Mohammad, which pursuant to section 295-C of Pakistan’s Penal Code is punishable with
death or imprisonment for life. A representative of the Christian community contacted the
police and was told by station head officer Aamir that a Sub-inspector and an Assistant
Superintendent had been chosen to undertake the investigation. However, this procedure
reportedly does not comply with section 156-A of the Criminal Procedure Code which
provides that a blasphemy case has to be investigated by an officer not less than the rank of
Superintendent of Police.
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