Acquittal demanded for mentally unstable prisoners on death row

PoliticsAcquittal demanded for mentally unstable prisoners on death row

Press Release

Human rights defenders have voiced serious concerns over the prolonged imprisonment of Anwar Kenneth, a mentally unstable prisoner who has languished on death row for more than 23 years following his conviction under a blasphemy accusation

Despite his fragile mental health, he has been kept in confinement with his legs bracelet-chained, highlighting grave issues of justice and human dignity. They have urged the authorities to ensure that Anwar Kenneth receives immediate and adequate psychiatric treatment as recommended by the medical board, and to expedite the legal proceedings of his appeal pending before the Supreme Court, ensuring a fair and just resolution to his case.

Anwar Kenneth was accused of sending objectionable letters containing alleged derogatory remarks to various religious scholars, ambassadors, and heads of state. Consequently, an FIR (No. 251/2001) was lodged at Gawalmandi Police Station, Lahore, which led to his arrest and subsequent trial under section 295-C of the Pakistan Penal Code. In 2002, an additional session judge, Lahore awarded him the death penalty and imposed a fine of 5,00,000 rupees. Following the verdict, he was sent to prison, where he has remained ever since. In 2014, a two-member bench of the Lahore High Court upheld the trial court’s verdict.

Throughout the legal proceedings, Anwar Kenneth consistently refused legal assistance. Consequently, the case progressed without a proper defense, further complicating his right to a fair trial. Despite multiple attempts to appoint state lawyers, five different legal counsels recused themselves from representing him, citing the sensitivity of the case.

On 24 January 2023, a three-member bench of the Supreme Court took up the application, acknowledged the procedural challenges in the case, and directed the Pakistan Bar Council to arrange legal representation for Anwar Kenneth in the interest of dispensation of justice. In March 2024, following representation by a court-appointed lawyer, the Supreme Court sought the opinion of religious institutions on the case.

In December 2024, Anwar Kenneth was transferred from Faisalabad Central Jail to Lahore Central Jail, where he underwent a psychiatric evaluation at the Punjab Institute of Mental Health (PIMH), Lahore. A medical board recently declared that Anwar Kenneth is suffering from “Bipolar Affective Disorder, currently Hypomanic” and recommended his admission to PIMH for treatment.

Joseph Jansen, Chairperson at Voice for Justice, stated that the case of Anwar Kenneth highlights a pressing concern regarding the treatment of individuals with mental illness within the criminal justice system, particularly in cases involving blasphemy accusations. His long-standing imprisonment under deeply questionable circumstances without proper medical care raises serious ethical and legal questions about the state’s responsibility toward vulnerable prisoners. He added that the unfair investigation and trial coupled with inhumane conditions of prisoners underscore the urgent need for reforms to Pakistan’s blasphemy laws, which even Muslim religious personalities have long criticized for misuse and the disproportionate targeting of religious minorities, persons with disabilities. He stressed that it is the legal obligation of the state to ensure that justice is served with fairness, compassion, and adherence to human dignity.

A human rights defender, Aneel Edger said the case of Anwar Kenneth who has been behind bars for over 23 years despite, he is mentally unfit to stand trial. He demanded that the Apex court should hear Anwar Kenneth’s case on an urgent basis and drop all charges against him on account of his psychosocial disability and health condition.

A human rights activist, Anosh Jerry said that the government needs to introduce reforms to put in place adequate and effective procedural and institutional safeguards at the investigative, prosecutorial and judicial levels including, serious action to safeguard human rights ensuring that no one faces persecution and a death sentence for their opinions or beliefs, and adopt a more humane approach toward prisoners suffering from mental disorders, ensuring their rights to fair trial, medical care, and dignity are upheld.

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