Bibi, an illiterate berry picker, was convicted
of defiling the name of the Prophet Mohammed. She was accused by her Muslim neighbors who objected to her drinking water from the same glass as them because she was Christian. Under Pakistan's blasphemy law, her alleged comment is punishable by death. In 2010, Bibi, at age 45, was sentenced
to hang, but her case is still pending.
Pakistan's blasphemy laws
date back to the military dictatorship of Gen. Muhammad Zia ul Haq. In 1980, making a derogatory remark against any Islamic personage was defined as a crime under Pakistan's Penal Code Section 295, punishable by three years in prison. In 1982, another clause was added that prescribed life imprisonment for "willful desecration of the Quran" and, in 1986, a separate clause was added to punish blasphemy against Prophet Mohammed with "death, or imprisonment for life."
Bibi's case illustrates how blasphemy laws are used to persecute the weakest of the weak among Pakistan's religious minorities. As a poor Christian from a low caste, Bibi was among the most vulnerable and susceptible to discrimination. And the legal system -- which, in theory, should be designed to protect the innocent -- failed her in every way
However, Bibi's case isn't the first case in which Pakistan's blasphemy laws have been used to punish minority groups. Since Zia ul Haq imposed the laws, their application has unleashed extremist religious frenzy.
Procedures for investigation and prosecution lend themselves to widespread abuse. Assertion by a Muslim witness that blasphemy was committed is sufficient for filing of charges and arrest of a suspect -- even without corroborating evidence. Furthermore, the testimony of non-Muslim witnesses in defense carries less weight, and, in most cases, the filing of charges is tantamount to punishment, because bail is denied.
Worse still, once blasphemy is alleged, mob violence or targeted killing becomes a possibility. According to researcher Mohammed Nafees, from 1990-2011, there were over 50 cases
"wherein blasphemy suspects were either extrajudicially murdered or died in jail."
To quote a 2016 Amnesty International report, "As Good as Dead: The impact of blasphemy laws in Pakistan
," once an individual is accused of blasphemy, "they become ensnared in a system that offers them few protections, presumes them guilty, and fails to safeguard them against people willing to use violence."
Lawyers who dare to represent someone accused of blasphemy have also been killed. In 2014, Rashid Rehman, a distinguished human rights lawyer brave enough to represent those most vulnerable to blasphemy charges -- women and children of religious minorities, people with mental disabilities, and the weak and impoverished -- was shot dead
in his office by two unidentified gunmen.
Meanwhile, judges who have dared to acquit an alleged blasphemer or convict the killer of an alleged blasphemer have either had to flee
the country or face death.
Nonetheless, until now, Western governments, which viewed Pakistan as a strategic ally in the war on terrorism, did little to protect Pakistan's religious minorities. However, that might now be changing -- albeit slowly.
The Pope's attention to Bibi's case parallels efforts by the European Union's Special Envoy for Freedom of Religion or Belief to secure
her release by making it a condition for continued European market access for Pakistani products.
More specifically, Jan Figel, part of the special envoy, informed the Pakistani government that the futur