ISLAMABAD – Pakistan’s Supreme Court is set to hear the final appeal Monday of a Christian on death row since 2010 accused of insulting Islam’s prophet, a crime that incites mobs to kill and carries an automatic death penalty.
Her lawyer Saiful Malook is optimistic Aasia Bibi will win her last legal appeal. But if not, he will seek a review, which could take years to complete.
“I am a 100 percent sure she will be acquitted,” Malook told The Associated Press in a telephone interview on the eve of the hearing. “She has a very good case.”
On a hot day in 2009, Bibi went to get water for her and her fellow farmworkers. After she took a sip, some of the Muslim women became angry that a Christian had drunk from the same container. They demanded she convert, she refused. Five days later, a mob accused her of blasphemy. She was convicted and sentenced to death.
Malook said he will argue that the many contradictions of the eyewitnesses taint their evidence. Malook said he will also argue that the witnesses were not judged in keeping with Islamic injunctions, which requires they be proven to be “pious, to never have lied, to be of good character.”
Internationally Bibi’s case has generated outrage, but in Pakistan it has rallied radical Islamists and militant groups, who have embraced Pakistan’s blasphemy law, using it to cultivate support and attack those who try to break their power.
Just defending her is dangerous.
“I have lost my health. I am a high blood pressure patent, my privacy is totally lost. You have to be in hiding,” her lawyer said. Everyone on his tree-lined street knows his identity. “They look at this house and they know this is the home of a person who can be killed at any time by angry mullahs.”
Outside Malook’s home in the Punjab provincial capital of Lahore police provide around-the-clock security. In 2011, Salman Taseer, the governor of Punjab province was shot and killed by one of his elite guards for defending Bibi and criticizing misuse of the blasphemy law. Malook prosecuted his killer, Mumtaz Qadri, who was hanged for his crime. Qadri has since become a martyr to millions, who make a pilgrimage to a shrine erected in his name by his family outside the federal capital.
Last month a member of Pakistan’s newly elected government, which is led by Imran Khan, a former cricket star who has embraced religious conservatism, offered prayers at Qadri’s shrine, generating an outcry from rights activists. Qadri’s supporters have openly called for the immediate death of anyone even accused of blasphemy.
An unprecedented number of religious parties participated in the July elections that put Khan in power. But as in previous elections they garnered less than 10 percent of the popular vote. Still they have allies among all the major parties. Yet one party, Tehreek-e-Labbaik, won three provincial seats in Pakistan’s southern Sindh province, by campaigning on a single issue — the finality of the Prophet Muhammad. They are ardent supporters of the harsh blasphemy law that prescribes death for anyone found guilty of insulting Islam.
According to the U.S. Commission on International Religious Freedom, 71 countries have blasphemy laws — around a quarter of them are in the Middle East and North Africa and around a fifth are European countries, though enforcement and punishment varies.
Pakistan is one of the most ferocious enforcers.
At least 1,472 people were charged under Pakistan’s blasphemy laws between 1987 and 2016, according to statistics collected by the Center for Social Justice, a Lahore-based group. Of those, 730 were Muslims, 501 were Ahmedis — a sect reviled by mainstream Muslims as heretical — while 205 were Christians and 26 were Hindus. The center said it didn’t know the religion of the final 10 because they were killed by vigilantes before they could get their day in court.
While Pakistan’s law carries the death penalty and offenders have been sentenced to death, so far no one has ever been executed.
Malook said an acquittal could generate countrywide protests and Bibi’s life. In the past persons charged with blasphemy but later freed have had to flee Pakistan for their safety.