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Afghanistan/South Asia
Pakistani Secularist Released from Death Sentence for Blasphemy
2004-06-09
From Mukto-Mano Secular News
Mukto-mona is pleased to announce that Dr Younus Shaikh, a 45 years old medical doctor, renowned rationalist and founder-President of the Pakistan based organization ’Enlightenment’ who was in the prison under sentence of death for blasphemy since August 2001, has been acquitted and freed after an appeal and retrial. He was accused of defying the Prophet Muhammad by stating that the Prophet did not become a Muslim till the age of 40 (i.e. until he received the first message from God) and the Prophet’s parents were non-Muslims because they died before Islam existed.

For the past couple of years years Mukto-mona has been conducting an international campaign with IHEU, Rationalist International and with Bangladeshi intellectuals, Rationalists and humanists and other Human Rights activists to ensure the release of Dr. Shaikh. .... Those accused of blasphemy under Article 295/C of the Pakistan Penal Code are unable to obtain bail and are held in custody awaiting trial. If pronounced guilty, they face a mandatory death sentence. The trial of Dr Shaikh, held throughout the summer of 2001, took place in a hostile courtroom packed with Islamic fundamentalists who warned the defence lawyers: “think of your families and children”. The final two sessions were held in-camera with gun-toting Pakistani Taliban waiting outside. It was finally established during the trial that the alleged events had never taken place. Nevertheless, on 18th August 2001, Dr Shaikh was found guilty and sentenced to death. Sadly, in Pakistan, such injustices are not uncommon in cases of alleged blasphemy.

For the next two years, Dr Shaikh was held in solitary confinement in a death cell in the Central Gaol in Rawalpindi. He appealed to the High Court but the two appeal court judges failed to agree. On 15th July 2002 the case was referred to a senior judge for a final decision. A delay of more than a year then ensued before the referee judge took up the case. On October 9th 2003, this judge finally decided that the original judgement was unsound but instead of acquitting Dr Shaikh, remanded the case back to a lower court for retrial. The retrial was held over three sessions in November 2003. In the light of the harassment and intimidation suffered by his lawyers at the earlier hearings, and much against the advice of the judge, his colleagues, his family and the members of the diplomatic community present in court, Dr Shaikh decided this time to conduct his own defence. The prosecuting counsel tried to exploit the religious feelings of the court but Dr Shaikh confined his defence to legal arguments and was finally acquitted on 21st November. He tells us that he was inspired by the defence speech of Sir Thomas More in “A Man for All Seasons”. Fortunately for Dr Shaikh the outcome this time was different. Commenting on the judgement, Dr Shaikh explained: “The judge accepted my legal arguments and found the charges against me to be baseless. My accusers, two Mullahs and some Islamist students, had lied.” He described his ordeal as: “Islamic terrorism through the abuse of law and of the state apparatus.”

Dr Shaikh was released from the gaol in great secrecy, was offered, but refused, a police bodyguard, and went into hiding for several weeks, meeting family and friends and even participating, incognito, in a debate on Human Rights. He has now left Pakistan for Europe. Many victims of the Pakistani blasphemy laws have failed to survive prison, and a number of those tried and acquitted have been murdered following their release.
examples follow
Posted by:Mike Sylwester

#2  Nobody ever said Islam was logical.
Posted by: Deacon Blues   2004-06-09 3:59:41 PM  

#1  Sounds like he was accused of Logic in the 1st degree...
Posted by: mojo   2004-06-09 11:00:53 AM  

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