A/HRC/13/40/Add.1
(c)
Observations by the Special Rapporteur
202. The Special Rapporteur is grateful that the Government of Pakistan replied to the
joint urgent appeal of 4 March 2009. She would like to stress the risk that efforts to combat
blasphemy may be manipulated for purposes contrary to human rights and that any
blasphemy legislation should not be used to censure all inter-religious and intra-religious
criticism (see E/CN.4/2000/65, para. 111 and A/62/280, paras. 75-77).
203. Furthermore, the Special Rapporteur would like to make reference to the report of
her predecessor on his country visit to Pakistan, in which Mr. Abdelfattah Amor stated that
“applying the death penalty for blasphemy appears disproportionate and even unacceptable”
(see E/CN.4/1996/95/Add.1, para. 82). International human rights law provides that States
which retain the death penalty can only impose it for “the most serious crimes”. As
observed by 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 (see A/HRC/4/20, para. 53).
204. With respect to the two children involved, the Special Rapporteur would like to refer
to article 37 of the Convention on the Rights of the Child, which, inter alia, provides that
neither capital punishment nor life imprisonment without possibility of release shall be
imposed for offences committed by persons below eighteen years of age and that the arrest,
detention or imprisonment of a child shall be in conformity with the law and shall be used
only as a measure of last resort and for the shortest appropriate period of time.
2.
(a)
Communication sent on 5 August 2009
Allegations transmitted to the Government
205. The Special Rapporteur brought to the attention of the Government information she
had received regarding attacks against the members of the Christian community in the
city of Gojra, Punjab Province. On 25 July 2009, in Korian village, near Gojra, some
individuals made allegations of desecration of the Holy Quran against Mr. Talib Masih, Mr.
Mukhtar Masih and Mr. Imran Masih, residents of the village, on account of three Christian
children aged 5 to 6, who allegedly cut an Islamic book in order to play with the papers. Mr.
Talib Masih, Mr. Mukhtar Masih and Mr. Imran Masih vehemently denied the allegations
and the local people resolved the matter amicably on 28 July 2009.
206. Subsequently, an Imam of the mosque, Mr. Maulvi Imran Aslam and Mr. Ashraf
Mochi (cobbler), refused to accept any apology and involved extremist religious groups,
who manipulated the situation and raised a mob in Gojra. The mob burnt Christian houses
with chemicals and Molotov cocktails. They used firearm and in the process, one person
was injured and later passed away. The same evening on 31 July 2009, the Islamists, along
with other Muslims, blocked the traffic and demanded the arrest of the three individuals
accused of having desecrated the Holy Quran. The demonstration was organised and
announced through loudspeakers of mosques before and during the Friday prayers. The
crowd was charged and directed to reassemble the next day in Gojra. The mob swelled and
moved towards a block of Christian housing. It was armed with sticks, stones, guns and
other chemicals. Violence erupted and eight people (all Christians of the same family) were
killed and several injured.
207. It was reported that the local authorities were warned by non-governmental
organizations, leaders of the Christian community and the Federal Government on and
throughout after 30 July 2009. The local authorities allegedly turned a blind eye. Although
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