A/HRC/10/8/Add.1
page 5
II. SUMMARY OF CASES TRANSMITTED AND REPLIES RECEIVED
Afghanistan
Urgent appeal sent on 28 January 2008 jointly with the Special Rapporteur on the
promotion and protection of the right to freedom of opinion and expression, the Special
Rapporteur on the independence of judges and lawyers and the Special Rapporteur on
extrajudicial, summary or arbitrary executions
4.
The Special Rapporteurs brought to the attention of the Government information they had
received regarding Mr. Sayed Perwiz Kambaksh, a student and journalist at a local newspaper
in the city of Mazar-i-Sharif. According to the information received, Mr. Kambaksh was
sentenced to death on blasphemy charges by the city court of Mazar-i-Sharif on 22 January 2008
in a trial reportedly conducted in camera and without the presence of a defence lawyer. The
blasphemy charges are related to a report that Mr. Kambaksh printed off the Internet and
distributed to other journalism students at Balkh University, which was considered by the judges
as having “distorted Quran verses” and “humiliated Islam”. According to reports,
Mr. Kambaksh’s condemnation may be related to articles written by his brother and published by
the Institute of War and Peace Reporting criticizing Balkh provincial authorities for corruption
and abuse of power.
Observations
5.
The Special Rapporteur regrets that she has not received a reply from the Government of
Afghanistan concerning the above mentioned allegations. Reportedly, the Appeal Court of Kabul
overturned Mr. Kambaksh’s death sentence on 21 October 2008, but sentenced him to 20 years’
imprisonment. The Special Rapporteur would like to take this opportunity to refer to her report
to the 62nd session of the General Assembly (A/62/280), which discusses issues of concern with
regard to blasphemy laws. In paragraph 75, she notices that there are worrying trends towards
applying blasphemy laws in a discriminatory manner and that they often disproportionately
punish members of religious minorities, dissenting believers and non-theists or atheists. In
paragraph 77, she reiterates that criminalizing “defamation of religions” can be
counterproductive, since it may create an atmosphere of intolerance and fear and may even
increase the chances of a backlash. Her predecessor, Mr. Abdelfattah Amor, already emphasized
in his report to the 56th session of the Commission on Human Rights (E/CN.4/2000/65,
para. 111) that “several communications from the Special Rapporteur illustrate the danger that
efforts to combat defamation (particularly blasphemy) may be manipulated for purposes contrary
to human rights”.
Australia
Communication sent on 1 November 2007 jointly with the Special Rapporteur on the
situation of human rights and fundamental freedoms of indigenous people
6.
The Special Rapporteurs brought to the attention of the Government information they had
received concerning the possible imminent destruction of a sacred indigenous rock art
complex situated in the Burrup Peninsula, Dampier Archipelago. The summary of this
communication is already reproduced in A/HRC/7/10/Add.1, paras. 4-8.