Cyber blasphemy convictions rise in Pakistan as court sentences three more to death

Three more men accused of cyber blasphemy were sentenced to death by a Pakistani court a day earlier. These take the tally of death sentences to six handed down since September 2, when Additional Sessions Judge Afzal Majoka assumed charge of the Prevention of Electronic Crimes (PECA) court in Islamabad.

During this time, the court also issued a life imprisonment sentence and an acquittal.

The accused were convicted under Section 11 of the PECA Act, 2016, as well as Sections 295-C, 295-B, and 298-A of the Pakistan Penal Code (PPC).

Section 295-C prohibits insults to “the sacred name of the Holy Prophet Muhammad (PBUH),” while Section 295-B mandates life imprisonment for desecrating the Holy Quran. Section 298-A imposes a minimum three-year imprisonment and a fine for disrespecting the Prophet’s (PBUH) family, wives, or companions, although it is classified as a bailable offense.

According to a National Commission for Human Rights (NCHR) report on blasphemy cases, 767 prisoners were held in Pakistani jails between 2020 and July 25, 2024. Of these, 581 were from Punjab, 120 from Sindh, 64 from Khyber Pakhtunkhwa, and 2 from Balochistan.

A troubling trend

NCHR investigation's findings highlighted a troubling trend: a sharp increase in the registration of blasphemy cases, the majority of which were initiated by the FIA Cybercrime unit, frequently in collaboration with a private entity. According to the report, young men were reportedly targeted through entrapment tactics involving female operatives using pseudonyms to lure them into blasphemous activities online, resulting in their subsequent arrests.

The Human Rights Commission of Pakistan’s (HRCP) report further stated that, in these cases, due process was notably disregarded, with significant procedural violations observed at multiple stages. Arrests were often carried out by private individuals rather than law enforcement, and there were disturbing reports of torture both during apprehension and immediately afterward.

Detainees’ written statements were frequently obtained under duress, compromising the legitimacy of their content. Legal aid and support for the accused were systematically obstructed and, in some instances, actively threatened.

This was further substantiated by a lawyer who testified in an NCHR hearing that he had been ostracized by the legal community only for accepting such cases.

The HRCP report further said, the detainees face coercion, extortion, and pressure from the private actors involved in their entrapment, who sometimes encourage them to engage in further criminal activities within the prison.

Who are the convicts, what happened with them

Nukta reached out to the families of the three men convicted yesterday. Two hailed from different towns of Khyber Pakhtunkhwa (KP), while one was from a small town in Sindh.

The brother of one of the three convicts told Nukta on condition of anonymity that his brother owned a mobile phone repair shop in a small town in KP.

He was arrested on October 5, 2022 from his shop with two laptops, three cellphones, and cash (all of the confiscated stuff belonged to the shop). However, a memo declaring the seizure was never disclosed during the court proceedings. He was 25 years old at the time of his arrest.

The brother said that he received a call the next day from the Federal Investigation Agency (FIA), and told to visit their cybercrime center in the evening. “My brother was tortured by the FIA and the private party involved in the case,” he claimed.

I was told about the allegations against my brother. "Our first lawyer received threats, his car was stolen, and he was also attacked by unknown people," he further said. "He stopped pursuing the case, and we had to eventually hire the services of another lawyer."

He said he had met his brother in jail several times along with their cousins but haven't spoken to him since the death sentence. "He was always produced in court via video link because of security issues," the brother informed. The family is now planning to reach out to the Islamabad High Court (IHC) for an appeal against the verdict.

The second accused also hailed from KP. He was a security guard at a private housing society in Islamabad. The FIA claims that he was nominated in the FIR following information received from the first convict but couldn't prove it through text messages or Call Data Records (CDR), said a source close to his family.

"They didn't even know each other and met each other for the first time in jail," the source stated. He has two daughters and a wife.

The brother of the third man, who is from a small town in Sindh, told Nukta that his brother was a student in his final year at a university. “We're from a humble family. My brother used to reside in the university for five days and used to return home over the weekends to help us with our small agricultural land,” he said.

He said his brother was arrested on September 13, 2022, from Sindh, from where he was taken to Multan, “where he was tortured”. He was then transferred to Islamabad. “My younger brother received a phone call from the FIA’s cybercrime wing the next day. They told him to ask me to reach Islamabad on September 15, 2022,” he added.

He claimed his brother was trapped by a girl. “The FIA arrested him along with a private party and tortured him.”

This brother also complained of the first lawyer being scared off by the private party. He questioned the trial and said 13 witness statements against his brother were recorded in one day. “We had our private lawyer, but a state lawyer was assigned to my brother,” he informed. “My brother appeared through a video link for the court proceedings.”

They also want to appeal the decision before the IHC. However, the brother told Nukta that he earns a meagre salary of PKR 15,000 and is having difficulty affording a lawyer.

'The blasphemy business'

A confidential report issued by the special branch of the Punjab Police on January 24 was unearthed by the media on July 29, 2024. The report is titled The Blasphemy Business.

As per the report, a suspicious gang – called the Legal Commission on Blasphemy Pakistan - was involved in trapping the youth in blasphemy cases and extorting money from them in collusion with the FIA in Rawalpindi and Islamabad.

According to the special branch’s report, this commission is the complainant in about 90% of these cases. The report suggested that they have formed different WhatsApp and Facebook groups on social media. They lure young people to these groups, then share critical, sensitive, and controversial content through their members.

The report revealed that while chatting in groups, less qualified or unaware youth, often simple-minded, sometimes make irresponsible comments and controversial remarks. Gang members trick these individuals into sending such comments to their numbers. These comments are then saved, and a case is prepared with the connivance of certain elements within the FIA.

The special branch’s report analyzed this issue as critical, stating that miscreants and anti-social elements are unlawfully trapping innocent youth in fabricated blasphemy cases. “Such actions are not only against Islamic principles but also violate the country's laws. These groups are reportedly operating an illegal network under the guise of religion, possibly pursuing a foreign agenda or extorting money from naive individuals. The situation demands a thorough and comprehensive investigation,” the report stated.

The special branch recommended the FIA conduct forensic analyses of mobile phones belonging to the complainants in blasphemy cases to trace the true source of the alleged crimes.

The commission regularly posts trial updates on its social media platforms, including details about the accused and their lawyers.

Nukta reached out to Advocate Rao Abdul Rahim, a member of the Legal Commission on Blasphemy Pakistan, for comments but received no response.

'Investigate the allegations'

Advocate Usman Warraich, along with families of 101 accused of cyber blasphemy, filed an appeal with the IHC on September 13, 2024. They urged the federal government to establish an independent commission to investigate the special branch's allegations.

Warraich informed Nukta that the IHC has issued notices to the Federation of Pakistan, while the Assistant Attorney General has requested time to submit a response.

Families of those accused in blasphemy cases also sent letters to 19 Supreme Court judges but received no response, prompting them to approach the IHC. A family member of one of the accused, speaking anonymously, stated that five accused individuals, including a woman, have died in detention across various Pakistani jails.