After spending half his life in a grim Pakistani jail, Tahir Mirza Hussain is due to hang on his 36th birthday for killing a taxi driver -- although a court acquitted him 10 years ago.
The British-Pakistani man, who claims he's innocent, was cleared by a secular court, but then retried and found guilty in an Islamic one and now faces execution on June 1 -- unless President Pervez Musharraf intervenes.
His muddled case, spanning two decades, is emblematic of Pakistan's corrupt and contradictory legal system that a leading rights activist described as "warped" and in desperate need of reform.
Amnesty International has called for a retrial, and British Prime Minister Tony Blair and Foreign Secretary Margaret Beckett have urged Musharraf to reconsider Hussain's sentence. He's already served 18 years in a cramped, dark cell, mostly at the notorious Adiala Jail in Rawalpindi near the capital.
"What does he have to do to get justice?" said elder brother Amjad Hussain, who is visiting from Leeds, northern England, to lobby for Hussain's life.
"How could you retry a man who was acquitted?" he asked.
Mirza Hussain's family migrated to England from Pakistan when he was a boy. In December 1988, after completing training in Britain's reserve army, the 18-year-old came back to visit relatives living near Chakwal, about 90km south of Islamabad. On his way there, he claims the driver of the taxi he'd hired stopped the car and produced a gun and physically and sexually assaulted him. In the struggle that followed the gun went off and the driver, Jamshad Khan, was fatally wounded.
Hussain voluntarily reported the incident to police, but was arrested, and in September 1989 was sentenced to death.
A high court, however, revoked the death penalty in November 1992 due to serious discrepancies in the prosecution case and ordered a retrial. In April 1994 his sentence was reduced to life in prison and then in May 1996 the high court acquitted Hussain of all charges.
But a week later, while he was waiting for release, the case was referred to the Islamic, or Shariah court, on the basis that the crime he was charged with -- armed robbery -- came under its jurisdiction.
In August 1998, in a split 2-1 verdict, the Shariah court's three judges sentenced him to death again, although the legal provision he was tried under required a confession or witness to the crime. The prosecution had neither.
The dissenting judge, Abdul Waheed Siddiqui, gave a scathing assessment of the prosecution case in a detailed 59-page opinion.
He described Hussain as "an innocent, raw youth not knowing the mischief and filth in which the police of this country is engrossed." He said police investigators had introduced false witnesses and "fabricated evidence in a shameless manner" to prove the defendant as "a desperate and habitual" bandit although he had no criminal record.
Amnesty and other rights groups have condemned the trial as unfair, but Pakistan's government maintains Hussain has been treated with due process. Last year, Musharraf rejected his mercy petition.
Legal experts say Pakistan's police and judiciary are rarely noted for their integrity, and having both secular and Islamic laws at work only allows for more abuse.
"It's a basic and fundamental flaw with our criminal justice system," said Hina Jilani, vice-chair of the independent Human Rights Commission of Pakistan. "There are parallel and overlapping jurisdictions. There should be just one set of laws dealing with offenses in Pakistan,'' he said.
Former military dictator General Zia ul-Haq introduced Shariah law to Pakistan in 1979, two decades after the Islamic nation was born. Jilani described the resultant legal system as "warped."
‘CHILD PORNOGRAPHY’: The doll on Shein’s Web site measure about 80cm in height, and it was holding a teddy bear in a photo published by a daily newspaper France’s anti-fraud unit on Saturday said it had reported Asian e-commerce giant Shein (希音) for selling what it described as “sex dolls with a childlike appearance.” The French Directorate General for Competition, Consumer Affairs and Fraud Control (DGCCRF) said in a statement that the “description and categorization” of the items on Shein’s Web site “make it difficult to doubt the child pornography nature of the content.” Shortly after the statement, Shein announced that the dolls in question had been withdrawn from its platform and that it had launched an internal inquiry. On its Web site, Le Parisien daily published a
China’s Shenzhou-20 crewed spacecraft has delayed its return mission to Earth after the vessel was possibly hit by tiny bits of space debris, the country’s human spaceflight agency said yesterday, an unusual situation that could disrupt the operation of the country’s space station Tiangong. An impact analysis and risk assessment are underway, the China Manned Space Agency (CMSA) said in a statement, without providing a new schedule for the return mission, which was originally set to land in northern China yesterday. The delay highlights the danger to space travel posed by increasing amounts of debris, such as discarded launch vehicles or vessel
RUBBER STAMP? The latest legislative session was the most productive in the number of bills passed, but critics attributed it to a lack of dissenting voices On their last day at work, Hong Kong’s lawmakers — the first batch chosen under Beijing’s mantra of “patriots administering Hong Kong” — posed for group pictures, celebrating a job well done after four years of opposition-free politics. However, despite their smiles, about one-third of the Legislative Council will not seek another term in next month’s election, with the self-described non-establishment figure Tik Chi-yuen (狄志遠) being among those bowing out. “It used to be that [the legislature] had the benefit of free expression... Now it is more uniform. There are multiple voices, but they are not diverse enough,” Tik said, comparing it
RELATIONS: Cultural spats, such as China’s claims over the origins of kimchi, have soured public opinion in South Korea against Beijing over the past few years Chinese President Xi Jinping (習近平) yesterday met South Korean counterpart Lee Jae-myung, after taking center stage at an Asian summit in the wake of US President Donald Trump’s departure. The talks on the sidelines of the APEC gathering came the final day of Xi’s first trip to South Korea in more than a decade, and a day after his meeting with the Canadian prime minister that was a reset of the nations’ damaged ties. Trump had flown to South Korea for the summit, but promptly jetted home on Thursday after sealing a trade war pause with Xi, with the two