A/HRC/7/10/Add.1
page 47
area of Lahore. According to the information received, Younis Masih was arrested on charges of
blasphemy on 11 September 2005 and taken to Kot Lakhpat jail, in Lahore, where he is still
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.
193. 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.
Responses from the Government dated 16 May 2006 and 7 September 2007
194. The Government indicated on 16 May 2006 (see A/HRC/4/21, para. 241) that Mr.
Younas Masih, son of Wason Masih, was admitted in Central Jail Lahore on 11 September 2005.
The Government stated 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.
195. An additional response was sent to the Special Procedures mandate holders on 7
September 2007. The Government indicated that Mr. Masih’s bail application was turned down
by the Lahore High Court on 30 May 2007. He was given the death penalty by the Additional
District and Session Judge Lahore. An application to the Lahore High Court against the decision
was filed by Mr. Masih’s lawyer on 31 May 2007. Mr. Masih is presently in Central Jail Lahore
where he has been provided all facilities admissible under jail rules. The Government has issued
specific instructions to the Inspector General of Prisons of Punjab Province to ensure the safety
of Mr. Masih.
196. Under the law, the accused is provided every opportunity to prove his innocence, even
after his conviction in the trial court. The offender can exercise the right of appeal against the
conviction to the higher court. A sentence is carried out only when the convict has exhausted the
right of appeal provided by law. Mr. Masih’s appeal is pending before the Lahore High Court.
197. The Government clarified that the Blasphemy law in Pakistan does not discriminate
against any specific individual or community. Also the Government has refined the law by an
amendment, whereby a case under Blasphemy Law cannot be registered against any alleged
offender, without a thorough preliminary investigation carried out by a senior police officer. This
safety clause guards against the misuse of this law.
Observations
198. The Special Rapporteur is grateful for the Government’s responses. 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).
Furthermore, she would like to make reference to her predecessor, who stated in his country