URGENT ACTION APPEAL

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3 June 2004

UA 189/04
Fear of torture/Ill-treatment /
Fear of death sentence

PAKISTAN    Diwan Hashmat Hayat (m)

Diwan Hashmat Hayat is being held in solitary
confinement in Jhelum District Central Jail, Punjab,
on charges which carry the death penalty. He has
reportedly been beaten while in detention, and is
being held in insanitary conditions, without
sufficient food or appropriate medical treatment for
his injuries.

He is charged with blasphemy under section 295-C
of the Pakistan Penal Code, because he asked a
neighboring mosque to make less noise. The Code
holds a sentence of death for the criminal offence of
defiling the Prophet Mohammed, stating, ''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
Mohammed (peace be upon him) shall be punished with death,
or imprisonment for life, and shall also be liable to a fine''.

On 3 April, Diwan Hashmat Hayat was attacked by a
mob outside his house. Even though he sustained
serious injuries he was arrested and taken to Jhelum
District Central Jail where he was beaten, reportedly
on the orders of the jail authorities. He was
reportedly only given painkillers after his family
agreed to pay a bribe of 3,000 rupees (USD $52),
and is allegedly being denied sufficient food and
clean bedding because his family could not pay a
second bribe. He is still being denied medical
treatment.

BACKGROUND INFORMATION
Pakistan's blasphemy laws are used for reasons
which include religious oppression, professional
jealousy, economic rivalry, political opposition or
personal hostility. Many of those detained under the
blasphemy laws have been assaulted or subjected to
other forms of ill-treatment; some have been killed
by fellow detainees or prison wardens.
Amnesty International opposes the death penalty in
all cases. It is 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.

RECOMMENDED ACTION: Please send
appeals to arrive as quickly as possible:
- expressing concern that Diwan Hashmat Hayat has
reportedly been beaten and otherwise ill-treated
while held in Jhelum District Central Jail, Punjab;
- condemning the harsh prison conditions in which
he is being held, and urging that he is immediately
provided with adequate food and clean bedding, and
given appropriate medical treatment.
- urging the authorities to hold a thorough and
impartial investigation into the allegations of
beatings, ill-treatment and bribery, and bring those
responsible to justice;
- stating your opposition to the use of the death
penalty and your concern that Diwan Hashmat
Hayat has been charged under section 295-C of the
Pakistan Penal Code, which stipulates a sentence of
death for the criminal offence of defiling the
Prophet Mohammad.

APPEALS TO:
Chief Minister of Punjab:
Chaudary Pervez Elahi
Chief Minister of Punjab
7 Club Road
G.O.R.I
Lahore
Pakistan
Email:       h...@punjab.gov.pk

Punjab Minister for Prisons:
Saeed Akbar Khan
Punjab Minister for Prisons
202 Abbubakar Block
New Garden Town
Lahore
Pakistan

Punjab Inspector General of Prisons:
Khawja Khalid Farooq
Inspectorate of Prisons
Jail Road
Lahore
Pakistan
Fax:  011 92 42 920 0570 (ask in English to switch
on the fax)

COPIES TO:
Ambassador Ashraf Jehangir Qazi
Embassy of Pakistan
2315 Massachusetts Ave. NW
Washington DC 20008
Fax: 1 202 686 1544

Please send appeals immediately. Check with
the Colorado office between 9:00 am and 6:00
pm, Mountain Time, weekdays only, if sending
appeals after July 15, 2004.



Amnesty International is a worldwide grassroots
movement that promotes and defends human
rights.

This Urgent Action may be reposted if kept
intact, including contact information and stop
action date (if applicable). Thank you for your
help with this appeal.

Urgent Action Network
Amnesty International USA
PO Box 1270
Nederland CO 80466-1270
Email: u...@aiusa.org
http://www.amnestyusa.org/urgent/
Phone: 303 258 1170
Fax:     303 258 7881

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END OF URGENT ACTION APPEAL
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