ACLJ Files U.N. Report Challenging Pakistan’s Death Penalty for Blasphemy

As part of our ongoing advocacy at the United Nations, we recently submitted a report to the U.N. Special Rapporteur on Summary, Extrajudicial or Arbitrary Executions in response to a formal call for input. The Special Rapporteur requested information regarding the death penalty, particularly as it relates to the prohibition against torture, ill-treatment, and the protection of human dignity.

Our submission focused specifically on the grave concerns surrounding the use of the death penalty in blasphemy cases in Pakistan.

The ACLJ’s international affiliate, the European Centre for Law and Justice (ECLJ), holds Special Consultative Status with the U.N. Economic and Social Council, enabling it to submit written reports and deliver oral statements before the U.N.

Submissions such as ours are considered by the Special Rapporteur in preparing official reports, which are ultimately presented to the U.N. Human Rights Council.

In our most recent report, we argued that “the mandatory death penalty in blasphemy cases [in Pakistan] contravenes the prohibition against torture and other forms of ill-treatment and violates the protection of human dignity.”

The report further states:

Regardless of whether the death penalty, in all contexts, should be universally regarded as contrary to [the prohibition against torture, cruel, inhuman or degrading treatment or punishment in] article 7 of the International Covenant on Civil and Political Rights (ICCPR), according to the universally recognized general principle “culpae poena par esto,” the death penalty certainly contravenes article 7 in blasphemy cases.

Contrary to the international legal protections for religious freedom and the freedom of expression, and the prohibition against torture and inhumane treatment or punishment, Section 295-C of the Pakistan Penal Code (PPC) states:

Whoever by words, either spoken or written, or by visible representation, or by any imputation, innuendo, or insinuation, directly or indirectly, defiles the sacred name of the Holy Prophet Muhammad (peace be upon him) shall be punished with death, and shall also be liable to fine.

Beyond the gross disproportionality between the alleged “crime” and the punishment imposed, this law is deeply troubling because blasphemy accusations are frequently misused to settle personal disputes. Our report highlights several cases – including those of Shahzad Masih, the Ayub brothers, Ahsan Masih, and Intizar Masih.

Take action with the ACLJ and add your name to the petition: Defend Dying Christians in Pakistan.

During trial, Shahzad, a 16-year-old victim of false blasphemy charges, would sometimes say, “They should just hang me. I can’t bear this pain of waiting every day to see what happens.” At that time, Shahzad’s health was so bad that he looked like a skeleton. Now Shahzad is on death row as he waits for the High Court to hear his appeal. He has spent over eight years in prison.

Likewise, Amoon Ayub and his older brother Qaiser are on death row. They have spent over 10 years in prison and currently await the Supreme Court of Pakistan to hear their appeal.

Amoon Ayub was a newlywed when he was arrested over 10 years ago. Since then, his wife, Huma, has faithfully traveled nearly five hours by bus each week to visit him. She waits in long lines for the chance to see her husband for only a few brief minutes. During these years behind bars, Amoon has suffered from severe back pain and deep depression.

Ahsan Masih, another death row prisoner, is currently awaiting a hearing before the Lahore High Court. Before his arrest, he was a provider for his elderly mother. Today, his entire family now lives in constant fear – not only for what may happen to Ahsan, but for their own safety as well. In blasphemy cases, families are often targeted by violent mobs, and they fear retaliation simply for standing by him.

In addition to the plight of these Christian men and their families, our report details how exonerating evidence was ignored by the courts while handing down death sentences in these cases.

For example, in Shahzad’s case, the Superintendent of Police concluded in his investigation that Shahzad’s conversation was not insulting to Islam. The report also noted that an eyewitness likewise did not consider the remarks to be blasphemous.

Despite these findings, prosecutors proceeded with charges, and the court moved forward with trial. The trial court further denied defense counsel’s petition to recognize Shahzad as a minor and instead tried him as an adult.

The Ayub brothers were falsely accused of creating a blog containing blasphemous content. A cybercrimes forensic report revealed that Pakistan’s Federal Investigation Agency contacted WordPress – the platform hosting the blog – to request information about the identity of the page’s creator but received no response.

Despite the absence of direct evidence linking the brothers to the website, the trial court sentenced them to death by hanging in 2018. The court reasoned that the appearance of the brothers’ contact information on the site was sufficient to conclude that they had created it.

In 2022, the Lahore High Court upheld the death sentences, even though the prosecution presented no direct evidence proving that the Ayub brothers had posted the alleged blasphemous content.

And at Ahsan Masih’s trial, prosecutors failed to produce any evidence that he had posted the alleged blasphemous image on his TikTok account. The image was not found on his cell phone. Yet despite this lack of proof, the trial court sentenced him to death by hanging.

The absence of proper investigation and basic due process – combined with the years these men have endured on death row and the ongoing suffering of their families – demonstrates how the death penalty in blasphemy cases amounts to torture and inhuman degrading punishment.

We hope our submission will meaningfully inform the Special Rapporteur’s report and prompt the United Nations to urge Pakistan to ensure justice and due process, in these cases.

Take action with the ACLJ and add your name to the petition: Defend Dying Christians in Pakistan.