A/HRC/4/21/Add.1
page 59
procession and caused damage to the moveable and immoveable property of Qadiyanis. An FIR
(First Information Report) No. 165 dated 24.06.2006 u/s 295 – B of the Pakistan Penal Code was
registered and the two above mentioned accused were arrested while two others accused are yet
to be arrested. For their own safety, the district police shifted the Qadiyani families to a safer
place. Cases have been registered by the local police against 25 known and 33 unknown persons
for the damage caused to the properties of the Qadiyani families. In a meeting with the DCO
Sialkot, the representatives and residents of the area ensured that they would cooperate in the
maintenance of law and order in the area. The dislocated Qadiyani families have come back and
are residing in their respective houses. At present there is no tension in the area. Survey of
damage to the properties is also being carried out for paying compensation to the affected
Qadiyanis.
Observations
249. The Special Rapporteur is grateful for the response from the Government and she would
like to refer to her observations concerning the joint urgent appeal sent on 15 February 2006.
Communication sent on 26 September 2006 jointly with the Special Rapporteur on the
promotion and protection of the right to freedom of opinion and expression
250. The Special Rapporteurs brought to the attention of the Government information they had
received concerning the arrest of Sultan Dogar and Abdul Sattar Khan, both employees of the
Daily Alfazal, a newspaper run by the Ahmadi community, in Lahore. On 9 September, Chenab
Nagar (Rabwah) police raided the offices of the Daily Alfazal, where they arrested two of the
newspaper’s employees, Sultan Dogar, a printer and Abdul Sattar Khan, a journalist. The two
men were charged under article 298B (offence of a member of the Ahmadi faith misusing holy
personages or places) and article 298C (offence of a member of the Ahmadi faith calling himself
a Muslim) of the Pakistan Penal Code, article 16 of the Maintenance of Public Order Act and
article 9 of the Anti-Terrorism Act. Abdul Sattar Khan was subsequently released, but Sultan
Dogar is still in detention. According to the information received, the police have indicated that
the raid was part of the Government’s policy of preventing the dissemination of hate literature.
The charges are based on the articles in the newspaper which discussed Qadiyani beliefs and
described Ahmadis as Muslims.
Observations
251. The Special Rapporteur is concerned that she has not received a reply from the
Government concerning the above mentioned allegation. She would like to refer to her
framework for communications, more specifically to the international human rights norms and to
the mandate practice concerning “Minorities” (see above para. 1, category III. 5.).
252. Furthermore she would like to make reference to her predecessor’s report on his country
visit to Pakistan in June 1995 (E/CN.4/1996/95/Add.1, para. 82): “In the light of the above
considerations, the Special Rapporteur has concluded, after careful thought and having studied
the matter and consulted other views, that the present State laws related to religious minorities,
and more generally speaking the subject of tolerance and non-discrimination based on religion or
belief, are likely to favour or foster intolerance in society. The law applied specifically to the
Ahmadi minority is particularly questionable and in some respects frankly unwarranted.”