ISLAMABAD: “Most cases related to blasphemy are registered with ulterior motives, but suspects suffer for years since there is no room for repentance; repentance should be allowed in blasphemy cases,” National Commission of Human Rights (NCHR) Chairman retired Justice Ali Nawaz Chowhan said on Thursday.

Speaking to the press about recommendations from its report regarding the International Covenant on Civil and Political Rights (ICCPR), Mr Chowhan said no one in the country is ready to talk about repentance in blasphemy cases.

He said the matter was taken up in the Federal Shariat Court during the Ziaul Haq era, but we not considered.

“After that, no one has [had] the courage to speak about it,” he said. He added: “Investigation of blasphemy cases should be given to police officers no less than superintendent of police (SP) in rank.”

He said the commission did not want its report to be dumped in shelves and never considered, which is why he decided to share its recommendations with the media.

Discussing the death penalty, he said some judges in the district courts believe the death penalty should be issued and the upper courts will look into whether the penalty can be reduced.

“Some judges are called phansi judges, as everyone knows they have a tendency to announce death sentences. It is better to give life imprisonment rather than death sentences; the death penalty should only be given where it becomes absolutely necessary,” he said.

In response to a question, Mr Chowhan said judges should finalise a case and the sentence should be announced a few days later, so the judge can cool down and rethink before finalising the judgement.

He added that there should only be a full bench in the Supreme Court, such as in the United States, so that decisions can be made with collective wisdom.

The report recommended that the government review the national legal framework to give effects to ICCPR provisions in Pakistan, and all laws that discriminate on the basis of sex and religion should be amended to comply with the ICCPR.

Pakistan should also consider ratifying the second optional protocol of the ICCPR, which is aimed at abolishing the death penalty. During the transitory phase, it should not execute the death penalty for offences that do not fall into the category of “the most serious crime”.

The report also recommends that the government not revive the 21st amendment principally. In case it is revived, the government should ensure military court procedures meet fair trial standards and cases of children below the age of 18 should not be tried by military courts. The report also says the NCHR should be allowed to observe military court cases.

There should be protection procedures for judges, lawyers and witnesses in cases of terrorism and other serious crimes. The report also recommends compensation for individuals arrested unlawfully, detained and convicted under anti-terrorism laws.

The government should adopt legislation to effectively implement the United Nations Convention Against Torture, and the report also recommends applying the Constitution and federal law to the Federally Administered Tribal Areas.

The Frontier Crimes Regulations should be repealed as it violates the ICCPR and the Constitution.

The NCHR has also recommended reviewing blasphemy laws in order to bring them in line with principles related to the freedom of thought, conscience and religion, and in particular with obligations under the ICCPR.

Pakistan should develop procedural safeguards to prevent the misuse of blasphemy laws and develop a comprehensive strategy to protect judges, lawyers and investigators who deal with blasphemy cases.

NCHR chairman breaks silence

Mr Chowhan said that some elements do not want the commission to exist because they are not concerned about human rights.

“We have been simultaneously fighting for our independence and for human rights in the country. Some personalities have been bullying us. I was not even allowed to submit the alternate report in the United Nations,” he said. “Fortunately, the media supported us, due to which we have been able to float, otherwise we would have been destroyed.”

Published in Dawn, July 28th, 2017