A/HRC/4/21/Add.1
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detained. Apparently, on 10 September 2005 a Muslim cleric filed a complaint against Younis
Masih, accusing him of blasphemy under Section 295C of the Pakistan penal code for having
allegedly made derogatory remarks about the Prophet Mohammed at a religious service.
Blasphemy charges carry the death penalty or life imprisonment. A first bail petition was rejected
by the session’s court in Lahore in November 2005 and a second petition is currently pending in
the Lahore High Court.
240. The Special Procedures mandate holders are aware that people detained on blasphemy
charges in Pakistani prisons have been killed by fellow detainees or prison wardens, including at
Kot Lakhpat, the prison where Younis Masih is currently held. The mandate holders are
concerned that Younis Masih’s life would thus appear to be in danger.
Response from the Government dated 16 May 2006
241. Mr. Younas Masih, son of Wason Masih, was admitted in Central Jail Lahore on 11
September 2005, as under trial prisoner involved in the case FIR (First Information Report)
No.723/05 dated 10 September U/S 295 Police Station Factory Area, Lahore. He is at present
facing trial in the court of Mr. Muhammad Saleem, Magistrate 1st Class, Model Town, Lahore.
The Government indicated that Mr. Younas Masih has been provided with all security jail
facilities according to jail rules. Special security arrangements have been put in place to ensure
that there is no threat to his life.
Observations
242. The Special Rapporteur is grateful for the response from the Government and 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.).
243. 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): “While protecting freedom of
conscience and freedom of worship is clearly a necessity, applying the death penalty for
blasphemy appears disproportionate and even unacceptable, especially in view of the fact that
blasphemy is very often the reflection of a very low standard of education and culture, for which
the blasphemer is never solely to blame. The Special Rapporteur endorses the Government’s
proposal to amend procedural aspects of the blasphemy law and would encourage it not only to
give effect to this proposal, but also to go further in amending the law on blasphemy and more
generally on religious offences in accordance with the views expressed above. The Special
Rapporteur believes that in any event some practical measures, especially administrative and
educational, should be implemented pending more substantial constitutional and legislative
changes.”
Communication sent on 5 July 2006 jointly with the Special Rapporteur on extrajudicial,
summary or arbitrary executions
244. The Special Rapporteurs brought to the attention of the Government of Pakistan
information they had received concerning Mr. Abdul Sattar Gopang, who was reportedly