A severely mentally ill British pensioner sentenced to death in Pakistan after being found guilty of breaching the country’s blasphemy laws is being denied independent legal advice to help him appeal against the threat of execution. The retired grocery shop owner was found guilty by a judge after state-appointed counsel failed to raise vital expert medical evidence proving he was unfit to stand trial for allegedly claiming to be the Prophet Mohammed in a series of unsent letters which were handed in to police by a man with whom he was embroiled in a property dispute. He had travelled to his birth country when he was released from hospital after being sectioned in Edinburgh. Among his grandiose symptoms, which included claiming to be a holy man, were delusions that he was being bugged by the British, Pakistan and United States secret services.
Lawyers representing Muhammad Asghar, 69, from Edinburgh, were told they could not see him in prison this weekend in defiance of his constitutional rights despite having pre-arranged a visit through the jail authorities. Lawyers urgently need to get Mr Asghar to sign a secondary power of attorney allowing them to lodge an appeal by Thursday. Even if the papers are filed in time he still faces up to a five year wait until the case is reconsidered by the appeal court in Rawalpindi. The appeal itself could take at least a further year.
Mr Asghar lived in Scotland for 40 years and ran a grocery shop in Leith. He was a well-known member of Edinburgh’s Muslim community and worshiped at the Shah Jalal Mosque and Islamic Centre in the city. It is believed he has two daughters still living in Scotland whilst his wife is said to be unwell and living in Rawalpindi. Mr Asghar, who has been diagnosed with paranoid schizophrenia by a leading consultant in Scotland and is believed to be suicidal as well as at risk of revenge attacks by religious extremists, has seven days to lodge an appeal against his sentence which has prompted international outrage from human rights organisations. As well as being partly paralysed down one side of his body following a stroke he also demonstrates little awareness that he is mentally ill.
Despite a 2008 moratorium on the death penalty in Pakistan there is growing international unease over the country’s sacred religious laws.
Dr Usama Hasan, senior researcher in Islamic Studies for the Quilliam Foundation said the restrictions were a legacy of British rule although they were tightened under General Zia’s military regime in the 1980s.
“This case shows once again why the blasphemy laws should be reformed. The irony is that they date back to the British times when they were meant to keep the peace between different faith communities and prevent communal violence,” he said. “It has become a different issue now and the blasphemy laws are supported by religious conservatives and the Taliban and their supporters because they want a harsh and narrow interpretation of sharia law,” he added.
Experts say it is impossible to defend someone accused of breaching the religious laws without being accused of blasphemy. It is claimed up to five judges presided over Mr Asghar’s trial before the sentence was handed down behind closed doors. Dr Hasan said pressure could be brought to bear on the case. “Most people know that someone who is mentally ill is not responsible for their actions. If the case was properly championed there would be a lot of support and sympathy.”
Lawyers representing Muhammad Asghar, 69, from Edinburgh, were told they could not see him in prison this weekend in defiance of his constitutional rights despite having pre-arranged a visit through the jail authorities. Lawyers urgently need to get Mr Asghar to sign a secondary power of attorney allowing them to lodge an appeal by Thursday. Even if the papers are filed in time he still faces up to a five year wait until the case is reconsidered by the appeal court in Rawalpindi. The appeal itself could take at least a further year.
Mr Asghar lived in Scotland for 40 years and ran a grocery shop in Leith. He was a well-known member of Edinburgh’s Muslim community and worshiped at the Shah Jalal Mosque and Islamic Centre in the city. It is believed he has two daughters still living in Scotland whilst his wife is said to be unwell and living in Rawalpindi. Mr Asghar, who has been diagnosed with paranoid schizophrenia by a leading consultant in Scotland and is believed to be suicidal as well as at risk of revenge attacks by religious extremists, has seven days to lodge an appeal against his sentence which has prompted international outrage from human rights organisations. As well as being partly paralysed down one side of his body following a stroke he also demonstrates little awareness that he is mentally ill.
Despite a 2008 moratorium on the death penalty in Pakistan there is growing international unease over the country’s sacred religious laws.
Dr Usama Hasan, senior researcher in Islamic Studies for the Quilliam Foundation said the restrictions were a legacy of British rule although they were tightened under General Zia’s military regime in the 1980s.
“This case shows once again why the blasphemy laws should be reformed. The irony is that they date back to the British times when they were meant to keep the peace between different faith communities and prevent communal violence,” he said. “It has become a different issue now and the blasphemy laws are supported by religious conservatives and the Taliban and their supporters because they want a harsh and narrow interpretation of sharia law,” he added.
Experts say it is impossible to defend someone accused of breaching the religious laws without being accused of blasphemy. It is claimed up to five judges presided over Mr Asghar’s trial before the sentence was handed down behind closed doors. Dr Hasan said pressure could be brought to bear on the case. “Most people know that someone who is mentally ill is not responsible for their actions. If the case was properly championed there would be a lot of support and sympathy.”
