A/HRC/7/10/Add.1
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Observations
209. The Special Rapporteur is grateful for the Government’s response. She would like to take
the opportunity to refer to Article 18(2) of the ICCPR which states that “[n]o one shall be subject
to coercion which would impair his freedom to have or to adopt a religion or belief of his choice”.
Furthermore, each State also has the positive obligation of ensuring that the persons on their
territory and under their jurisdiction, including members of religious minorities, can practise the
religion or belief of their choice free of coercion and fear.
Communication sent on 18 October 2007 jointly with the Special Rapporteur on the
question of torture
210. The Special Rapporteurs brought to the attention of the Government information they had
received regarding Mr. Raja Fiaz, Mr. Muhammad Bilal, Mr. Nazar Zakir Hussain, Mr. Qazi
Farooq, Mr. Muhammad Rafique, Mr. Muhammad Saddique and Mr. Ghulam Hussain.
According to the allegations received, they are members of the Mehdi Foundation International
(MFI), a multi-faith institution utilizing mystical principles of Mr. Ra Gohar Shahi. They were
arrested on 23 December 2005 in Wapda Town and the police confiscated posters on which Mr.
Gohar Shahi was shown as “Imam Mehdi”. On 13 July 2006, the Anti-Terrorism Court No. 1 in
Lahore sentenced each of these persons to five years of imprisonment, inter alia, under section
295A of Pakistan’s Penal Code for having outraged others’ religious feelings. Since 27 August
2006, the seven men have been detained in Sahiwal Jail, Punjab, where they were forced to
parade naked, hung up in the air and beaten. Their prisoners’ records are posted outside the cell,
falsely indicating that they had been sentenced on charges of blasphemy under section 295C of
the Penal Code. For this reason, they are constantly threatened and intimidated by prison staff as
well as by other detainees. One MFI member was targeted by several other inmates and sexually
assaulted. Subsequently, also staff members sexually abused him and pushed burning cigarette
butts in his anus, which left scars that can still be seen.
Observations
211. The Special Rapporteur regrets that she has not received a reply from the Government
concerning the above mentioned allegations. They show that persons deprived of their liberty and
members of religious minorities are in a particularly vulnerable situation and that the risk of
abuse may even increase if individuals are members of several vulnerable groups. The Special
Rapporteur would like to take the opportunity to refer to her framework for communications,
more specifically to the international human rights norms and to the mandate practice concerning
“Persons deprived of their liberty” (see above para. 1, category III. 2.) and “Minorities” (see
above para. 1, category III. 5.).
Philippines
Urgent appeal sent on 13 June 2007 jointly with the Chairperson-Rapporteur of the
Working Group on Arbitrary Detention and the Special Rapporteur on the question of
torture
212. The Special Procedures mandate holders brought to the attention of the Government
information they had received regarding V. Berlin Guerrero, 46 years old, pastor assigned at