Silenced: How Apostasy and Blasphemy Codes Are Choking Freedom Worldwide by Paul Marshall, Nina Shea Page B
Authors: Paul Marshall, Nina Shea
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and “hostility towards friends of God,” “fighting against God,” “dissension from religious dogma,” “spreading lies,” and “propagation of spiritual liberalism.”
State Repression
Adherents of newer religions, converts, Muslim minorities, and religious, social, and political reformers can be subject to various means of attack as insulters of religion. The dangers they face exist not only in states generally regarded as religiously repressive but also in countries often considered more moderate. Not just Afghanistan, Iran, Pakistan, and Saudi Arabia, but also Egypt and Bangladesh can use the full force of the law, as well as extensive extralegal measures, against them.
Apart from the vagueness of laws relating to blasphemy offenses, the prosecutions in many key Muslim-majority countries also frequently fall far short of international standards of due process and fairness. Proving intent is often not necessary in order to secure criminal convictions, and arguing that what the accused said was in fact true could itself be considered blasphemous. Hence, the accused is deprived of any meaningful defense. In blasphemy cases in Iran, Saudi Arabia, Pakistan, and Sudan, the weight of testimony of a male Muslim is worth more than that of a non-Muslim, and even more again if the non-Muslim is a woman. On this basis, a simple accusation made against a non-Muslim by a Muslim can be enough to secure a conviction. In many places confessions are coerced but are nevertheless routinely allowed as evidence.
Some countries provide little opportunity for a fair hearing and, in others, such as Saudi Arabia, defendants may not even have the right to be present at theirown trial. In Iran, the “apostate” Baha’is have no rights whatsoever. In Iran, Pakistan, Afghanistan, Iraq, and other countries, no law is allowed to stand if religious authorities assert that it contradicts the tenets of Islam—as they understand it. Challenging the status of religious offenses is often an offense in its own right, and thus reforming such systems becomes nearly impossible. This produces a circularity such as that which afflicted Afghan editor Ali Mohaqeq Nasab, who was arrested for publishing “un-Islamic” articles after he questioned whether it was right to kill apostates. Criticizing and questioning religious authority is simply forbidden.
Societal Repression
Despite the grave effects of state repression, the greater danger to those accused is from societal forces in attacks that range from calculated assaults by vigilantes and terrorists to sudden attacks by enraged mobs. Pakistan provides striking examples. Although many persons have been persecuted under its blasphemy laws, there have, so far, been no official executions; however, there have been many deaths, and tens of thousands persecuted, through extralegal violence in response to blasphemy accusations. Some of these killings take place while victims are in police custody. As we have described, after an allegation that a Qur’an had been defaced, in March 1997, the town of Shanti Nagar, home to many Christians, was attacked by thousands of Muslims, and, despite the presence of hundreds of police, rioters destroyed 326 houses and fourteen churches. Women and girls were abducted; some were raped, and some forcibly married. On August 1, 2009, about a thousand people, believed to be connected to the Taliban-linked Sipah-e-Sahaba militant group, attacked local Christians in Gojra. Over forty homes were razed, and at least seven Christians were killed, six of whom, including two children, were burned alive.
Yet this extralegal violence does not occur without the cooperation of government authorities. It can in turn be encouraged by state agents, or ignored by them. In 2000, Lahore High Court Judge Nazir Akhtar said publicly that Muslims have a religious obligation immediately to kill anyone accused of blasphemy; they should not wait for legal proceedings. This statement,
State Repression
Adherents of newer religions, converts, Muslim minorities, and religious, social, and political reformers can be subject to various means of attack as insulters of religion. The dangers they face exist not only in states generally regarded as religiously repressive but also in countries often considered more moderate. Not just Afghanistan, Iran, Pakistan, and Saudi Arabia, but also Egypt and Bangladesh can use the full force of the law, as well as extensive extralegal measures, against them.
Apart from the vagueness of laws relating to blasphemy offenses, the prosecutions in many key Muslim-majority countries also frequently fall far short of international standards of due process and fairness. Proving intent is often not necessary in order to secure criminal convictions, and arguing that what the accused said was in fact true could itself be considered blasphemous. Hence, the accused is deprived of any meaningful defense. In blasphemy cases in Iran, Saudi Arabia, Pakistan, and Sudan, the weight of testimony of a male Muslim is worth more than that of a non-Muslim, and even more again if the non-Muslim is a woman. On this basis, a simple accusation made against a non-Muslim by a Muslim can be enough to secure a conviction. In many places confessions are coerced but are nevertheless routinely allowed as evidence.
Some countries provide little opportunity for a fair hearing and, in others, such as Saudi Arabia, defendants may not even have the right to be present at theirown trial. In Iran, the “apostate” Baha’is have no rights whatsoever. In Iran, Pakistan, Afghanistan, Iraq, and other countries, no law is allowed to stand if religious authorities assert that it contradicts the tenets of Islam—as they understand it. Challenging the status of religious offenses is often an offense in its own right, and thus reforming such systems becomes nearly impossible. This produces a circularity such as that which afflicted Afghan editor Ali Mohaqeq Nasab, who was arrested for publishing “un-Islamic” articles after he questioned whether it was right to kill apostates. Criticizing and questioning religious authority is simply forbidden.
Societal Repression
Despite the grave effects of state repression, the greater danger to those accused is from societal forces in attacks that range from calculated assaults by vigilantes and terrorists to sudden attacks by enraged mobs. Pakistan provides striking examples. Although many persons have been persecuted under its blasphemy laws, there have, so far, been no official executions; however, there have been many deaths, and tens of thousands persecuted, through extralegal violence in response to blasphemy accusations. Some of these killings take place while victims are in police custody. As we have described, after an allegation that a Qur’an had been defaced, in March 1997, the town of Shanti Nagar, home to many Christians, was attacked by thousands of Muslims, and, despite the presence of hundreds of police, rioters destroyed 326 houses and fourteen churches. Women and girls were abducted; some were raped, and some forcibly married. On August 1, 2009, about a thousand people, believed to be connected to the Taliban-linked Sipah-e-Sahaba militant group, attacked local Christians in Gojra. Over forty homes were razed, and at least seven Christians were killed, six of whom, including two children, were burned alive.
Yet this extralegal violence does not occur without the cooperation of government authorities. It can in turn be encouraged by state agents, or ignored by them. In 2000, Lahore High Court Judge Nazir Akhtar said publicly that Muslims have a religious obligation immediately to kill anyone accused of blasphemy; they should not wait for legal proceedings. This statement,
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