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191. Mr. Masih was arrested under section 295-C of the Blasphemy Law. His case
was processed in Lahore in the court of Additional Session Judge Sadaqat Ullah,
who sentenced him to the death penalty and a fine. At the time of the Government’s
response, Mr. Masih was imprisoned in a Muslim jail and his appeal was pending in
the Lahore High Court.
192. The Government indicated that, according to the investigation, Mr. Masih was
accused of being a false prophet, which is an extremely offensive act for the Muslims
who believe in the finality of the Prophet Muhammad, and extremely provocative in
nature. Mr. Masih had reportedly made these claims in writing and they had been
published in the newspapers of Pakistan.
193. The Government informed the Special Rapporteur that, during the legal
proceedings against him, all requirements of justice had been fulfilled. He had been
sentenced after due process of law and nothing in these actions had violated his
human rights as enshrined in the Constitution of Pakistan and international human
rights conventions. The Government thus indicated that it was not in a position to
intervene in a matter that was sub judice as that would be equivalent to interfering in
the process of law. The Government therefore considered the case as settled.
Observations
194. The Special Rapporteur is grateful for the details provided in the different
responses from the Government.
Republic of Moldova
Communications and replies received
195. On 26 March 2004, the Special Rapporteur transmitted a communication to
the Government of the Republic of Moldova in connection with information that the
police had prohibited a Muslim community in Chisinau from meeting for worship
after raiding the place where they meet after Friday prayers on 5 March 2004. The
police allegedly detained several Muslims and three Syrian citizens were expelled
from the country. Community leader Talgat Masaev and a colleague had been
repeatedly fined for leading a community that does not have State registration,
although the fines had been overturned so far. Registration of the Muslim community
had allegedly been refused for the past four years.
Observations
196. The Special Rapporteur awaits a reply from the Government to her
communication and further refers to the Human Rights Committee’s concerns,
expressed on the occasion of its most recent concluding observations on the Republic
of Moldova (CCPR/CO/75/MDA), that “artificial hurdles continue to exist in the State
party for individuals and organizations seeking to exercise their religious freedoms
under article 18 of the [International] Covenant [on Civil and Political Rights]. The
State party should ensure that its law and policy relating to the registration of religious