A/HRC/16/53/Add.1
interpreting article 6 (2) of the Covenant, however, the Human Rights Committee has
consistently rejected the imposition of a death sentence for offences that do not result in the
loss of life, finding only cases involving murder not to raise concerns under the most
serious crimes provision.
331. Furthermore, the Special Procedures mandate holders also appealed to the
Government to ensure the right to freedom of religion or belief of Ms. Bibi in accordance
with article 18 of the Universal Declaration of Human Rights and of the International
Covenant on Civil and Political Rights. In this context, they referred to General Assembly
resolution 64/164, in which the Assembly 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”.
332. The Special Procedures mandate holders asked the Government to provide detailed
information on how the detention and death sentence of Ms. Bibi and the application of
section 295-C of the Pakistani Penal Code is compatible with the international norms and
standards on the rights to life, freedom of religion or belief and freedom of opinion and
expression.
(b)
Response from the Government of Pakistan dated 23 November 2010
333. In its letter dated 23 November 2010, the Government of Pakistan acknowledged
receipt of the joint urgent appeal of 22 November 2010. The Permanent Mission of Pakistan
stated that the urgent appeal has been transmitted to Islamabad for serious consideration
and an early response. The Permanent Mission of Pakistan indicated that it will revert to the
Special Procedures mandate holders as soon as a response has been received.
(c)
Observations by the Special Rapporteur
334. The Special Rapporteur is grateful that the Government of Pakistan acknowledged
receipt of the joint urgent appeal of 22 November 2010. He would like to stress the risk that
efforts to combat blasphemy may be manipulated for purposes contrary to human rights and
that any blasphemy legislation should not be used to censure all inter-religious and intrareligious criticism (see E/CN.4/2000/65, para. 111). The Special Rapporteur recommends a
review of the Penal Code and he would like to reiterate that a useful alternative to
blasphemy laws is to fully implement the protection of individuals against advocacy of
national, racial or religious hatred that constitutes incitement to discrimination, hostility or
violence (see A/62/280, para. 76).
335. Furthermore, the Special Rapporteur would like to make reference to his
predecessor’s country report to Pakistan, in which Mr. Abdelfattah Amor stated that
“applying the death penalty for blasphemy appears disproportionate and even
unacceptable” (see E/CN.4/1996/95/Add.1, para. 82). International human rights law
provides that States which retain the death penalty can only impose it for “the most serious
crimes”. As observed by the Special Rapporteur on extrajudicial, summary or arbitrary
executions, the conclusion to be drawn from a thorough and systematic review of the
jurisprudence of all of the principal United Nations bodies charged with interpreting the
“most serious crimes” provision, is that a death sentence can only be imposed in cases
where it can be shown that there was an intention to kill which resulted in the loss of life
(see A/HRC/4/20, para. 53). This would exclude charges related to blasphemy from those
for which the death penalty can be imposed under international law.
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