Saturday, July 11, 2020

Alija Izetbegović: Journey from prison to Bosnian Presidency

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Inshiya Nalawala

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Alija Izetbegović: Journey from prison to Bosnian Presidency

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Global Views 360

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July 11, 2020

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Alija Izetbegovic meeting with US President Clinton in Tuzla, Bosnia

Alija Izetbegovic meeting with US President Clinton in Tuzla, Bosnia | Source: William J. Clinton Presidential Library via Wikimedia

In a world that still holds up the burden of racisms and prejudice, the struggle of vanquishing differences between various religious sects and political groups that emerged vibrantly back in the late 20th century sets an exemplary path for leaders today to follow.

The legendary Bosnian leader, Alija Izetbegović, who dedicated his entire life in the process of protecting human rights of Bosnian Muslims who were subjected to brutal crimes and violence by the neighboring countries, with his visionary and revolutionary thoughts played an important role during the dramatic changes that took place post the World War II.  

Born in 1925, Alija was always driven by his strong moral compass. For him, his ethics and his moral principles served him as a winning weapon in all battles. According to him, ethics added meaning and purpose to life.

He studied from the ‘University of Sarajevo’ with a degree in arts, laws, and science. His life journey began when he first appeared in the frontline as a civil right activist of an organization established by Sheikh Muhammad Kharji and Sheikh Cassim Dobreje.

It was in 1946 that he was first arrested when he was a twenty-one year old youngster. He was condemned for being a part of a group/organization that expounded religious freedom and human rights. He was sentenced to jail for 3 years. Unfortunately, this wasn’t an end to his hardship. In 1949, young Izetbegović was once again imprisoned, as per the orders received from a special military court. This time he was given a five-year sentence. His crime - active support behind the Young Muslim Organization. Izetbegović spent his youth behind the bars thinking and strengthening his spirit of establishing a multicultural Bosnia once again.  

Later in August of 1983, Izetbegović along with eleven other scholars was sentenced to 14 years in prison. It was during this time that Izetbegović wrote his book, “Notes from Prison: 1983-88”. In his book, he encompasses his experience at the prison cell and how resistance grew in him during all these years.

Izetbegović soon faced national and international Media under his virtue of engagement with the social and political affairs of the country. In 1990, he founded the Party of Democratic Action (SDA) and won the elections with a majority in 1992. The man who spent years in jail yet, filled with optimism and encouragement, had made it through all the agonies and challenges life put him through. With his party gaining central power, Izetbegović was elected as the first President of the country. Later, he also announced Bosnia-Herzegovina an independent republic.

Although Izetbegović was now the president of a young republic country, an end to criticism and racial crimes was not yet achieved. During the Croat-Bosniak war in 1993, the Croats destroyed the Mostar bridge (also known as Stari Bridge). Underlining their catastrophic act falsely as strategically driven, the Croats through this destruction attacked the symbolic importance of the Bridge, which was to connect diverse communities across it.

Despite the sustained attacks and strenuous efforts of the neighboring countries to curb rising unity and ethnicity in Bosnia, the Bosnian Leader always taught his fellow countrymen and soldiers to be superior morally first. He believed that it is this superiority that will fetch them their ultimate goal. For him, instituting peace was a fundamental duty, a greater win, or “greater jihad” over any other military victory. Rising international pressure ultimately brought peace in 1995.

Finally, he stepped down from the presidential throne in 2000. After he grimly fell ill, the greatest revolutionary thinker died in 2003. His eternal story of life struggle is inspiring, making him worthy of the title “wise king”.

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July 19, 2021 12:00 PM

The Blasphemy Law of Pakistan and its Implications

In Pakistan, Blasphemy results in a capital punishment in majority of cases. It is perhaps considered a crime worse than terrorism. A crucial case in point is the fact that the Pakistan’s Anti-Terrorism Court gave around 15 years jail term to two close aides of Hafiz Saeed—chief of the terrorist organization—Lashkar-e-Taiba—and mastermind behind 2008 Mumbai terrorist attacks—where at least 150 innocent people lost their lives.

Similarly, Zakiur Rehman Lakhvi—Lashkar-e-Taiba’s operation commander and another important figure involved in the 2008 Mumbai attack—was sentenced to 15 years in jail period. Not to mention—this happened amidst the international pressure on Pakistan for letting terrorists to function and roam freely within their country.

While something as violent as terrorism is dealt with lenient punishments, there are draconian laws for blasphemy in the country. Moreover, one can be accused of committing blasphemy—doesn’t matter if they did it or not—and might not even face a fair trial.

This article discusses what are the blasphemy laws and what are their implications while looking at some specific cases.

What are Pakistan’s Blasphemy laws?

What's called Blasphemy law today has its origins in the colonial era. The “offences relating to religion” were introduced by British in 1860, and were later expanded in 1927. These were sections 295 and 295-A from the Indian Penal Code. The laws were made to avoid religious disturbances, insult religious beliefs, or intentionally destroy or desecrate a place or an object of worship. Under the 295 and 295-A, the convicted were to be given a jail term from one year to ten years—with or without a fine.

Pakistan ended up inheriting these laws after the partition of India in 1947.

The laws were amended in 1982 and another clause was added which prescribed life imprisonment for desecration of the Quran intentionally. Another clause was added in 1986 to punish blasphemy against the Prophet Muhammad through imprisonment for life or death. These clauses, were added under General Zia-ul-Haq’s military regime, in an order to make the laws more “pro-Islam.”

Since then, this law has often been used to persecute people from minority communities—such as the Ahmadiyas, Shias, Christians, and Hindus—they have been accused of blasphemy without much evidence.

Infamous cases and implications of blasphemy in Pakistan

One of the famous cases was of Asia Bibi, which grabbed international attention as well. Asia Noreen—known as Asia Bibi—was a Pakistani Christan and a farm laborer in Punjab province. Her husband, Ashiq Masih, was a brick laborer. A dispute with her Muslim neighbours turned into an accusation of blasphemy—leading to her arrest and imprisoned. There were a lot of protests in Pakistan, demanding death penalty for Asia Bibi.

Two politicians—Salman Taseer and Shahbaz Bhatti—who supported and tried to help Asia Bibi, were murdered. Taseer was shot by his own bodyguard named Malik Mumtaz Hussain Qadri in broad daylight. Qadri was tried and sentenced to death. He was executed in 2016. Mumtaz Qadri became a hero for millions and hardliners praised him as a martyr. He is regarded as a saint and a mausoleum has been built over his grave in his village near Islamabad, where even devotees come to offer prayers.

Asia Bibi was first sentenced to death by a trial court in 2010, however was later acquitted by the Supreme Court in a historic judgement of 2018. In 2019, Pakistan’s Supreme Court ruled that she was free to leave Pakistan and was given asylum in Canada where she moved along with her family.

Although after a long struggle, Asia Bibi still got justice and was able to start a new life—unfortunately many others didn’t. Many met with Mob Justice.

In 2017, a journalism student at a Pakistani University was lynched to death by fellow students in Mardan—in the province of Khyber Pakhtunkhwa. The student—Mashal Khan—was a Shia Muslim and was falsely accused of blasphemy. The mob was enraged by a rumour according to which he had promoted the Ahmadi faith on Facebook. In a similar instance, a man named Tahrir Ahmad Naseem was killed by vigilantes in July last year for blasphemy. He was a former Ahmadi, and was in Peshawar Central Jail since 2018 for claiming to be a prophet. He was shot dead inside the courtroom during trial in the Peshawar Judicial Complex.

Furthermore, in a case similar to that of Asia Bibi, a Christian couple—Shahzad and Shama Maseeh—were accused of blasphemy as well. They were then beaten and burned alive by a mob in 2014. Shama was four months pregnant. The mob, which also included a local cleric, believed that the couple had burned some pages of the Quran along with some rubbish, although the couple’s family still denies this. Five people including the cleric were sentenced to death, while the eight others were given two years imprisonment.

Last year, former Foreign and Defense Minister Khawaja Asif as well was accused of blasphemy for merely stating that “all religions are equal.”

Why is this happening?

According to data by Pakistan’s Centre for Social Justice, there have been 1549 known cases of serious blasphemy in the years 1987-2017, out of which 720 were Muslims, 516 Ahmadis, 238 Christians, 31 Hindus, and the rest 44 are unknown. 75 out of the total cases ended in the person being murdered before their trial.

There are 13 countries in the world which punish blasphemy by death penalty and Pakistan happens to be one of them. But unlike countries like Iran and Saudi Arabia where they are executed judicially—as mentioned earlier—accused in Pakistan are often killed in mob violence or assassination. While Saudi Arabia and Iran continue to top in terms of the highest number of executions, most of them for sacrilege or crimes against Islam, Pakistan’s total ‘judiciary’ killings stand at zero.

The problem of this mob mentality in Pakistan, especially when it comes to religion, is actually deeply rooted in its constitution. The country’s aspiration to become a democracy as well as an Islamic state is in itself contradictory. The people want the right to freedom and expression and the hanging of a person committing blasphemy at the same time. The constitution denies criticism of Islam while claiming to allow freedom of speech and religion. The elevation of one religion over others in itself is principally undemocratic.

Another interesting point is the fact that the people supporting these ideas haven’t been aware of how things can backfire. Muhammad Din Taseer—father of Salman Taseer—supported Ilam Din, who murdered a Hindu publisher over blasphemy in 1929. An ancestor’s support for radicalism ended up in his own offspring being assassinated in the name of blasphemy.

Mental illness and blasphemy

In Pakistan, often some mentally ill people are punished to death by mobs for unknowingly ‘committing’ blasphemy. In 2012, a man widely reported by the media and police as ‘mentally unstable’ was arrested for blasphemy in Bahawalpur district, Punjab province. A mob gathered outside the police station, dragged him outside, and burned him to death. There have also been cases of misuse where such vulnerable individuals were subjected to sexual abuse and later accused of blasphemy by the abusers to cover up their crimes.

Such abuses towards mentally unsound people would have been a criminal case and the abusers would have been punished—unless they use the blasphemy law—as the mentally unstable victim cannot defend themselves.

Role of Anti-Terrorism courts

Pakistan’s Anti-Terrorism courts were set up to ensure quick justice in cases such as terrorism, sectarian violence, targeted political killings, hijacking, kidnapping, extortion and even arms trafficking. Earlier gang rape was also included in it—but removed later.

They are also key to controlling mob attacks on blasphemy accused as such trials are held here.

Yet, these courts have been facing several problems due to lack of basic resources and understaffing. The posts of judges often remain vacant for months, and the state prosecutors complain of poor working conditions—with no offices, stationery, clerical staff or legal resources. These problems may have risen due to the fact that there are not sufficient funds allotted for the ATC infrastructure, one of the major challenges in Pakistan’s legal system. Due to this, these courts are not able to fulfill their primary objective—to provide ‘quick’ justice.

Moreover, these courts lack independence and are vulnerable to political influence—the judges are held accountable to the executive. Sometimes the witnesses often refuse to testify against the accused, as they fear assassination by terrorist groups the accused belongs to. The judges, state prosecutors and others also have personal security concerns which also lead to delays in trials.

Also, these courts deny terrorism suspects the right to equality before the law. They are not even tried in a public place with full defense and are not presumed innocent. Peshawar High Court advocate Ghulam Nabi even challenged the Anti-Terrorism (Amendment) Ordinance 2009 under Article 199 of the constitution in December 2009, saying that it violated basic human rights.

The blasphemy laws of Pakistan need to be repealed in today's Global civic society. People are fighting for equality everywhere around the globe. And now it is up to Pakistan to choose—whether to become a democracy or continue with a pseudo-democratic authoritarian regime which is based on extremist interpretation of religion.

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