A Pakistani court has adjourned the appeal hearing for a Christian couple who have been on the death row indefinitely since 2014 after they were found guilty of blasphemy.
Shagufta Kausar and Shafqat Emmanuel, who have been in prison since 2013, were sentenced to death under the infamous draconian blasphemy laws of Pakistan for allegedly sending ‘blasphemous texts’ that insulted the Prophet Muhammad to a clergyman.
The texts were sent via a SIM card registered in Kausar’s name. However, the couple denies the allegations and believes the SIM card was obtained by someone with a copy of her national identity card.
It has been six years since their appeal was launched, and the couple’s family and lawyers have expressed their frustration that the trial has been delayed indefinitely. Saiful Malook, the couple’s lawyer, accused the judge in Islamabad of avoiding hearing the case out of fear, as blasphemous cases are very controversial and often dangerous for those involved.
In July last year, a man on trial for blasphemy was shot dead in a courtroom in Peshawar, exacerbating the current fear of judges.
‘We do not even get a date for the next trial. The judge is continuing the case for fear, but that’s enough. It must be heard. I fear for their lives, “said Malook.
“Judges in Pakistan will rarely hear cases of blasphemy until there is political or international pressure. There is no material evidence against my clients, and they should have been released a long time ago. ”
According to local and international human rights groups, blasphemous allegations in Pakistan are often used to intimidate religious minorities and to determine personal scores.
Kausar and Emmanuel are being held in two different prisons in different districts of Punjab province. Both are in isolated cells, separated from other prisoners because there are fears that they could be killed if they mix with other prisoners.
Close relatives of the couple also fear for their lives. Kausar’s brother Joseph, who does not want to share his surname and place of residence, left for Europe shortly after her arrest when he faced threats.
‘My brother-in-law is almost physically dead because he is paralyzed and unable to move his lower body, and my sister is mentally dead because she has lived alone for six years and feels that people can even kill her in prison. . “She is very upset and her hair is falling out,” said Joseph.
Joseph said the allegations were false and that the couple did not insult the Prophet.
“The clergyman must have made false accusations,” Joseph said. “Unfortunately, the judges adjourned the trial. This is a failure of the legal system. Judges walk away, they do not want to hear, while we, the family members, are left traumatized and do not feel safe. ”
The case is not isolated. Asad Jamal, a lawyer representing Abdul Samad, who was convicted of blasphemy in 2013, said he had been waiting more than seven years for an appeal to be heard in the courts. Jamal described the system of justice around blasphemous cases as a ‘frustrating black hole’.
“Blasphemy cases are delayed because judges do not want to hear it and lawyers do not want to defend the accused,” he said.
Although Pakistan has not executed anyone charged under the blasphemy laws, at least 17 of those convicted in the country are guilty of blasphemy, while several others are serving life sentences for similar offenses.
Asia Bibi, a Christian farm worker accused of blasphemy in a dispute with neighbors, has endured a decade-long ordeal in the prisons of Pakistan. Her case has led to an uproar against Pakistan’s blasphemy laws and has drawn international attention to the problematic legislation.
Malook said there are several similarities between the couple’s case and Bibi. ‘The same thing happened to Asia Bibi, whose case has been delayed for a decade, and it was only heard because there was some pressure from Western governments.
‘I believe Bibi would have been behind bars to date if there had been no pressure. Imagine the level of fear and justice when judges do not want to hear such cases. This fear must end, “he said.
Bibi was originally sentenced to death in 2010, and was granted asylum in Canada, where she is still receiving death threats. In 2011, Punjab Governor Salmaan Taseer and Minority Minister Shahbaz Bhatti were assassinated after drawing attention to Bibi’s case and campaigning for blasphemy reforms.