A/HRC/7/10/Add.1
page 48
report on Pakistan that “applying the death penalty for blasphemy appears disproportionate and
even unacceptable” (see E/CN.4/1996/95/Add.1, para. 82).
199. International human rights law provides that States which retain the death penalty can only
impose it for “the most serious crimes”. In interpreting Article 6(2) of the International Covenant
on Civil and Political Rights, 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. As observed in
the last report to the Human Rights Council of 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 (A/HRC/4/20, para. 53).
Communication sent on 15 May 2007
200. The Special Rapporteur brought to the attention of the Government information she had
received concerning the arrest of four members from the Christian minority, Mr. Salamat Masih,
Mr. Sheela Masih, Mr. Green Masih and Mr. Iffefaq Masih from Toba Tek Singh in Punjab
province. According to the allegations received, on 1 April 2007, a report was filed with the Toba
Tek Singh police, claiming that Mr. Salamat Masih and four other Christian persons were
responsible for the desecration of posters containing Islamic verses. Blasphemy charges against
these Christians were made in a First Information Report (FIR) although no inquiry by a police
officer with a ranking of District Police Officer or above had been undertaken. Subsequently,
about 80 young Muslims attacked the Christian homes close to Bakhshi Park and several
Christians received injuries. When arriving at the scene of the incident, the city police did not
take any action to intervene. Mr. Salamat Masih and Mr. Sheela Masih have been arrested, while
the other people mentioned in the FIR have fled. Although Mr. Green Masih and Mr. Iffefaq
Masih are not referred to in the FIR, they allegedly have also been detained by the police. The
police has indicated that they will not be released until all those mentioned in the FIR are arrested.
Observations
201. The Special Rapporteur regrets 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 “Freedom of expression including questions related to religious conflicts,
religious intolerance and extremism” (see above para. 1, category IV. 1.).
Urgent appeal sent on 16 May 2007
202. The Special Rapporteur brought to the attention of the Government information she had
received regarding the members of the Christian community in Charsadda, North-West
Frontier Province. According to the information received, on 9 May 2007, Mr. Michael Masih
from Charsadda received an anonymous letter which threatened the entire Christian community
in Charsadda to “treat them with bombs” if they failed to either convert to Islam or leave the area
within the next ten days. Members of the Christian community in Charsadda take this threat very
seriously because additional threatening letters addressed to several video stores, girls’ schools
and barbershops in the area have recently been followed by bomb attacks. The Christian