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Mirza Tahir Hussain is due to be executed on 3rd JAugust 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 note 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.
UPDATE!!
Although cleared of the murder of the taxi driver by an ordinary court in 1992, an Islamic court reversed the decision and sentenced Mirza Tahir Hussain to death.
Pakistan's Federal Shariah Court cannot be overruled by President General Pervez Musharraf who has previously granted two stays of execution to allow Hussains’ and the dead man’s family to reach a compromise.
Hussain's family offered blood money to the relatives of the driver but they declined the offer.
BACKGROUND INFORMATION
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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 President Musharraff years.
Send appeals immediately to the Pakistan authories.
Calling on 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. |
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This petition is being raised by The Kenny Richey Campaign, using the text of Amnesty International's urgent action.
see www.kennyrichey.org |
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