Post by sclcookie on May 20, 2006 11:00:46 GMT -5
Imminent Execution / Unfair trial: Mirza Tahir Hussain (m)
This case has just been discovered after 18 years. Please read and pass on.
118/06 Imminent Execution/ Unfair trial
PAKISTAN Mirza Tahir Hussain (m)
Mirza Tahir Hussain is due to be executed on 1 June 2006 following what Amnesty
International believes to be an unfair trial. Mirza Tahir Hussain, who has been
in detention for 18 years, has exhausted all possibilities of appeal and a
mercy petition to the President has been rejected.
Mirza Tahir Hussain was tried and convicted of murdering a taxi driver while
travelling to the village of Bhubar from Rawalpindi, Punjab Province, on 17
December 1988. The taxi driver reportedly stopped the car and produced a gun,
and Mirza Tahir Hussain, who was 18 years old at the time, was reportedly
physically and sexually assaulted by the taxi driver. In the scuffle that
followed, the gun went off, and the taxi driver was fatally injured.
Mirza Tahir Hussain was sentenced to death in 1989 at the Sessions Court in
Islamabad. Following an appeal, this sentence was dismissed by the Lahore High
Court, which noted discrepancies in the case. The case was returned to the
Sessions Court where Mirza Tahir Hussain was sentenced to life imprisonment in
1994. Following a second appeal, the Lahore High Court then dismissed this
sentence in 1996, and Mirza Tahir Hussain was acquitted of all charges against
him.
A week later, Mirza Tahir Hussain’s case was referred to the Federal Shariat
Court on charges from the original case, including robbery involving murder,
which fall under Islamic offences against property law. The Federal Shariat
Court’s duties include reviewing laws to ensure they conform with Islamic
doctrine and dealing with appeals of cases tried under Islamic Law. The entire
case against Mirza Tahir Hussain was reopened, and in 1998, he was sentenced to
death by the Federal Shariat Court, despite their acknowledgment that no
robbery had taken place due to the taxi being hired. The death penalty sentence
by the Federal Shariat Court was based on a split two to one judgement, with
the dissenting judge strongly recommending that Mirza Tahir Hussain be
acquitted. Amnesty International believes that Mirza Tahir Hussain has not
received a fair trial due to the contradictory statements of the different
courts. Also, the Islamic provision under which he was tried requires that the
death penalty should only be imposed if reliable eyewitness accounts or a
confession to the court are submitted. In this case, neither was obtained.
The Supreme Court upheld the judgement in 2003 and dismissed an appeal in 2004.
A petition for clemency was sent to the President in 2005 but was declined. The
family of the taxi driver have refused compensation offered by the family of
Mirza Tahir Hussain, as is permitted under Islamic law, which could allow Mirza
Tahir Hussain to be pardoned.
BACKGROUND INFORMATION
In 2005 at least 241 people in Pakistan were sentenced to death and at least 31
people were executed, the majority for murder. Many well-off convicts were able
to escape punishment under provisions of the Qisas and Diyat Ordinance that
allows heirs of murder victims to accept compensation and pardon the
offender.
Amnesty International opposes the death penalty in all cases. The death penalty
is a symptom of a culture of violence, and not a solution to it. It has not
been shown to have any more deterrent effect than other punishments and carries
the risk of irrevocable error. The death penalty is seen as the ultimate form
of cruel, inhuman and degrading treatment and a violation of the right to life,
as proclaimed in the Universal Declaration of Human Rights and other
international human rights instruments.
TAKE URGENT ACTION
Write or meet with your local MP on the case highlighting the issues outlined and request a response on the points raised.
Ask in particular that the Forgeign Secretary and Prime Minister Blair make representations to the Pakistan authorites as a matter of urgency.
Noting that the death sentence could be imposed on Mirza Hussain from any time on or after the 1 June 2006.
Requesting that the UK government intervene promptly and directly to request that the Pakistan authorities remove the death sentence.
Noting that Concerns relating to the fairness of the trial, sentencing, and reconviction of Mr Hussain.
Noting that all representations be made without delay.
Noting that Mr Hussain has been imprisoned fo 18 years.
Send appeals immediately to the Pakistan authories.
Calling on President Musharraff to use his powers under article 45 of the Constitution of Pakistan to commyte the death sentence of Mirza Hussain on humanitarian grounds.
Calling for a retrial in light of the irregularities during his trial and conviction.
Calling for an immediate moratorium on all executions in the country, in line with worldwide trends to abolish the death penalty with a view to an eventual abolition of the death penalty.
Address your appeals to
President, General Pervez Musharraff, Pakistan Secretariat, Islamabad, Pakistan
FAX 0092 51 9221 422
wmail via the Presidents website. www.presidentofpakistan.gov.pk.WTPresidentMessage.aspx
Please send COPIES of your appeals to:
Her Excellency Dr Maleeha Lodhi, High Commision for the Islamic Republic of Pakistan, 25-36 Lowndes Square London SW1X 9JN
Fax 020 7664 9244 Website www.pakmission-uk.gov.pk
PLEASE SEND APPEALS IMMEDIATELY
Some news articles on this case.
news.bbc.co.uk/2/hi/uk_news/england/west_yorkshire/4995652.stm
commentisfree.guardian.co.uk/faisal_bodi/2006/05/rough_justice_for_british_teen.html
Karen Torley
Campaign Manager
www.kennyrichey.org
No Arson No Murder No Justice
This case has just been discovered after 18 years. Please read and pass on.
118/06 Imminent Execution/ Unfair trial
PAKISTAN Mirza Tahir Hussain (m)
Mirza Tahir Hussain is due to be executed on 1 June 2006 following what Amnesty
International believes to be an unfair trial. Mirza Tahir Hussain, who has been
in detention for 18 years, has exhausted all possibilities of appeal and a
mercy petition to the President has been rejected.
Mirza Tahir Hussain was tried and convicted of murdering a taxi driver while
travelling to the village of Bhubar from Rawalpindi, Punjab Province, on 17
December 1988. The taxi driver reportedly stopped the car and produced a gun,
and Mirza Tahir Hussain, who was 18 years old at the time, was reportedly
physically and sexually assaulted by the taxi driver. In the scuffle that
followed, the gun went off, and the taxi driver was fatally injured.
Mirza Tahir Hussain was sentenced to death in 1989 at the Sessions Court in
Islamabad. Following an appeal, this sentence was dismissed by the Lahore High
Court, which noted discrepancies in the case. The case was returned to the
Sessions Court where Mirza Tahir Hussain was sentenced to life imprisonment in
1994. Following a second appeal, the Lahore High Court then dismissed this
sentence in 1996, and Mirza Tahir Hussain was acquitted of all charges against
him.
A week later, Mirza Tahir Hussain’s case was referred to the Federal Shariat
Court on charges from the original case, including robbery involving murder,
which fall under Islamic offences against property law. The Federal Shariat
Court’s duties include reviewing laws to ensure they conform with Islamic
doctrine and dealing with appeals of cases tried under Islamic Law. The entire
case against Mirza Tahir Hussain was reopened, and in 1998, he was sentenced to
death by the Federal Shariat Court, despite their acknowledgment that no
robbery had taken place due to the taxi being hired. The death penalty sentence
by the Federal Shariat Court was based on a split two to one judgement, with
the dissenting judge strongly recommending that Mirza Tahir Hussain be
acquitted. Amnesty International believes that Mirza Tahir Hussain has not
received a fair trial due to the contradictory statements of the different
courts. Also, the Islamic provision under which he was tried requires that the
death penalty should only be imposed if reliable eyewitness accounts or a
confession to the court are submitted. In this case, neither was obtained.
The Supreme Court upheld the judgement in 2003 and dismissed an appeal in 2004.
A petition for clemency was sent to the President in 2005 but was declined. The
family of the taxi driver have refused compensation offered by the family of
Mirza Tahir Hussain, as is permitted under Islamic law, which could allow Mirza
Tahir Hussain to be pardoned.
BACKGROUND INFORMATION
In 2005 at least 241 people in Pakistan were sentenced to death and at least 31
people were executed, the majority for murder. Many well-off convicts were able
to escape punishment under provisions of the Qisas and Diyat Ordinance that
allows heirs of murder victims to accept compensation and pardon the
offender.
Amnesty International opposes the death penalty in all cases. The death penalty
is a symptom of a culture of violence, and not a solution to it. It has not
been shown to have any more deterrent effect than other punishments and carries
the risk of irrevocable error. The death penalty is seen as the ultimate form
of cruel, inhuman and degrading treatment and a violation of the right to life,
as proclaimed in the Universal Declaration of Human Rights and other
international human rights instruments.
TAKE URGENT ACTION
Write or meet with your local MP on the case highlighting the issues outlined and request a response on the points raised.
Ask in particular that the Forgeign Secretary and Prime Minister Blair make representations to the Pakistan authorites as a matter of urgency.
Noting that the death sentence could be imposed on Mirza Hussain from any time on or after the 1 June 2006.
Requesting that the UK government intervene promptly and directly to request that the Pakistan authorities remove the death sentence.
Noting that Concerns relating to the fairness of the trial, sentencing, and reconviction of Mr Hussain.
Noting that all representations be made without delay.
Noting that Mr Hussain has been imprisoned fo 18 years.
Send appeals immediately to the Pakistan authories.
Calling on President Musharraff to use his powers under article 45 of the Constitution of Pakistan to commyte the death sentence of Mirza Hussain on humanitarian grounds.
Calling for a retrial in light of the irregularities during his trial and conviction.
Calling for an immediate moratorium on all executions in the country, in line with worldwide trends to abolish the death penalty with a view to an eventual abolition of the death penalty.
Address your appeals to
President, General Pervez Musharraff, Pakistan Secretariat, Islamabad, Pakistan
FAX 0092 51 9221 422
wmail via the Presidents website. www.presidentofpakistan.gov.pk.WTPresidentMessage.aspx
Please send COPIES of your appeals to:
Her Excellency Dr Maleeha Lodhi, High Commision for the Islamic Republic of Pakistan, 25-36 Lowndes Square London SW1X 9JN
Fax 020 7664 9244 Website www.pakmission-uk.gov.pk
PLEASE SEND APPEALS IMMEDIATELY
Some news articles on this case.
news.bbc.co.uk/2/hi/uk_news/england/west_yorkshire/4995652.stm
commentisfree.guardian.co.uk/faisal_bodi/2006/05/rough_justice_for_british_teen.html
Karen Torley
Campaign Manager
www.kennyrichey.org
No Arson No Murder No Justice