朱奈德·哈菲兹(Junaid Hafeez)曾是一名大学讲师,并获得过富布赖特奖学金(Fulbright Scholarship)。13年前,他因在 Facebook 上发表的言论,根据巴基斯坦严格的亵渎宗教法律被关进监狱。经过多年的审判,法院于 2019 年判处他死刑。上周,拉合尔的高等法院开始审理哈菲兹的上诉,这为他的判决被推翻带来了希望。
Junaid Hafeez, a former university lecturer and Fullbright scholar was thrown in prison 13 years ago under Pakistan's strict blasphemy laws for comments he allegedly made on Facebook. After a trial that spanned years, a court in 2019 sentenced him to death Last week, a high court in Lahore began hearing Hafeez's appeal, raising hopes his conviction could be overturned.
“我希望看到我的儿子重获自由并回家。我们正在经历一场非常艰难的斗争,”朱奈德·哈菲兹的父亲哈菲兹-乌尔-纳西尔(Hafeez-un-Naseer)对德国之声(DW)表示。
"I want to see my son free and back home. We are fighting a very difficult battle," Junaid Hafeez's father, Hafeez-un-Naseer, told DW.
纳西尔说,上周四他通过玻璃窗与儿子见了面,并通过电话与他交谈。“这个案件夺走了我们的一切,”他说。
Naseer said he met with his son in prison last Thursday through a glass window, speaking to him by phone. "This case has taken everything from us," he said.
代表哈菲兹的律师赛义夫-乌尔-马卢克(Saif-ul-Malook)表示,哈菲兹在狱中阅读了数千本书。“他是一位知识分子,身体状况良好,但在监狱里感到非常沮丧,”马卢克告诉德国之声。“我希望能在这个法庭上看到他被释放。”朱奈德·哈菲兹的背景如何?
Saif-ul-Malook, a lawyer representing Hafeez, said the academic has read around thousands of books during his years in prison. "He is an intellectual. His health is fine, but he is frustrated inside the jail," Malook told DW. "I am hopeful that under this bench, he will be released." Who is Junaid Hafeez?
在被捕之前,哈菲兹曾在美国留学,并获得过富布赖特奖学金。回国后,他在木尔坦市的巴哈乌丁·扎卡里亚大学(Bahauddin Zakariya University)担任英语文学讲师。人权组织称,2011 年他刚成为该大学的研究生时,就遭到了一个伊斯兰主义学生组织的迫害——这些学生反对他所谓的“自由主义”教学理念。
Before his arrest, Hafeez was a Fulbright scholar and had studied in the United States. He later returned to Pakistan and began working as a lecturer in English literature at Bahauddin Zakariya University in the city of Multan. Human rights groups say that shortly after he began working there as a graduate student in 2011, he found himself targeted by an Islamist student group who took issue with what they considered Hafeez's "liberal" teaching.
朱奈德·哈菲兹于 2013 年 3 月 13 日被捕,罪名是使用虚假的 Facebook 账号在一个名为“所谓的巴基斯坦自由主义者”(So-Called Liberals of Pakistan)的封闭群组中侮辱先知穆罕默德。他的父亲表示,这是伊斯兰主义者在校园里设下的圈套,他们的目的是让其中一人获得大学中的高级职位。这起亵渎宗教案件的详细情况究竟是怎样的?
Pakistan: Officer Shehrbano Naqvi retells 'blasphemy' rescue To view this video , and Hafeez was arrested on March 13, 2013, accused of using a fake Facebook profile to insult the Prophet Muhammad in a closed group called "So-Called Liberals of Pakistan." His father has said he was set up by the Islamists on campus, who wanted to get one of their own into an open position at the university. What are the details of the blasphemy case?
他的审判始于2014年。由于安全考虑,诉讼程序后来被转移到了木尔坦中央监狱,并多次被推迟,直到最终由木尔坦的地方法院判处他死刑。哈菲兹(Hafeez)在2020年对这一判决提出了上诉,但他的上诉至今尚未得到裁决。
His trial began in 2014. Because of security concerns, legal proceedings were later moved to Multan Central Jail, and were repeatedly delayed until he was sentenced to death by a trial court in Multan. Hafeez challenged the verdict in 2020, and his appeal has yet to be decided.
9月22日,拉合尔高等法院由两名法官组成的合议庭审理了哈菲兹的上诉。法官们向检方和原告发出了通知,要求他们对案件中使用的电子证据进行说明;这些证据包括被指属于哈菲兹的Facebook帖子。
The Lahore High Court heard Hafeez's appeal on September 22 before a two-member bench. The judges issued notices to the prosecution and the complainant and asked for arguments on the electronic evidence being relied upon in the case.
“拉合尔高等法院的法官们通常不愿审理涉及亵渎宗教的上诉案件。这次审理该案件的法官是萨迪克·马哈茂德·库拉姆(Sadiq Mahmud Khurram)法官。让我们看看他会如何处理这个案件吧。以我的经验来看,被告在每一个审判阶段都面临着偏见。”马尔ook(Malook)说道。
This includes Facebook material attributed to Hafeez. "Lahore High Court judges have generally been reluctant to hear blasphemy appeals. This time, Justice Sadiq Mahmud Khurram is on the bench. Let's see how he approaches the case.
总部位于伊斯兰堡的伊斯兰活动家哈菲兹·埃蒂沙姆·艾哈迈德(Hafiz Ehtisham Ahmed)在接受德国之声(DW)采访时指出,他认为法院应当维持对哈菲兹的定罪,因为废除这些亵渎宗教的法律可能会“助长人们对宗教的不尊重”。他强调:“国际社会对巴基斯坦施加了压力,要求其修改这些法律;如果哈菲兹被宣判无罪,这将引发对巴基斯坦司法系统的严重质疑。”
In my experience, there is prejudice against the accused at every stage," Malook said. Pakistan's blasphemy laws in focus Hafiz Ehtisham Ahmed, an Islamabad-based Islamic activist, told DW he thinks the court should uphold the blasphemy conviction, arguing abolishing the laws could "encourage disrespect for religion." "There is international pressure on Pakistan to change these laws. If Hafeez is acquitted, it would raise serious questions about the justice system " Ahmed said.
在穆斯林占多数的巴基斯坦,严格的亵渎宗教法律因其随意的适用方式以及可能被滥用而受到国际社会的广泛谴责。
Strict blasphemy laws in Muslim-majority Pakistan have been widely condemned internationally for their arbitrary applicaiton and the potential for abuse of power.
巴基斯坦政策分析师拉扎·鲁米(Raza Rumi)表示:“在处理亵渎宗教的案件时,法官们面临着巨大的压力。”他补充说:“无论是无罪判决还是程序性决定,都可能引发威胁和公众的强烈反对,从而导致案件审理的延误以及法官在处理此类案件时的谨慎态度。”
Pakistan: Why Hindus want a temple in Islamabad Pakistani policy analyst Raza Rumi said that judges are under intense pressure when handling blasphemy cases. "Acquittals or even procedural decisions can trigger threats and public backlash, contributing to delays and caution in handling such cases," Rumi told DW.
在整个诉讼过程中,安全问题一直是一个主要问题。人权组织记录了许多针对法官、律师和检察官的威胁行为;对这些人员安全的担忧不仅会影响诉讼的进展,还会影响司法系统的独立性。
Security has been a major issue throughout the proceedings. "Human rights groups have documented threats against judges, lawyers, and prosecutors in blasphemy cases. Concerns over their safety can affect both the pace of proceedings and judicial independence," Rumi added.
审判期间至少有七名法官被调离。哈菲兹的第一任律师拉希德·雷赫曼于2014年5月在木尔坦的办公室内被枪杀。据报道,他因该案件曾收到威胁。哈菲兹上诉的机会有多大?
At least seven judges were transferred during the trial. Hafeez's first lawyer, Rashid Rehman, was shot dead in his Multan office in May 2014. He had reportedly received threats in connection with the case. What are the chances for Hafeez's appeal?
如果拉合尔高等法院推翻原判,哈菲兹仍有可能获释。但这将取决于法官对证据的评估以及上诉期间的辩论。初审法院判处的死刑若未经高等法院复核,不会生效。
Hafeez can still be released if the Lahore High Court overturns his conviction. But that will depend on the judges' assessment of the evidence and the arguments made during the appeal. A death sentence imposed by a trial court does not become final without scrutiny by the high court.
对哈菲兹而言,当下的问题是拉合尔高等法院能多快审理并裁决他的上诉,因为此案已拖延多年。下一次开庭定于10月10日,但法院需要多久做出裁决尚不清楚。
For Hafeez, the question now is how quickly the Lahore High Court can hear and decide his appeal after years of delays. The next hearing is due on October 10, but it is unclear how long it will take the court to decide.
“我们希望有朝一日能安然入睡,醒来时发现儿子获释回家,”父亲纳西尔说。
"We wish that one night we could go to sleep and wake up to find our son free and back home," said father Naseer.
“我至今仍记得儿子遭冤枉指控以来,我们全家历经的痛苦。十三年夺走了我们太多东西,但我们从未停止希望有朝一日朱奈德能重获自由,”纳西尔补充道。
"I still remember the pain we have endured over all these years since my son was falsely accused. Thirteen years have taken so much from our family, but we have never stopped hoping that one day Junaid will walk free," Naseer added.
人权观察组织呼吁推翻亵渎罪判决。该组织在2月的一份声明中呼吁释放哈菲兹,并指出他自2014年6月起一直被单独监禁。
Human Rights Watch (HRW) has called for the blasphemy conviction to be overturned. In a February press statement, HRW called for Hafeez's release, adding he has been kept in solitary confinement since June 2014. "If his appeal is rejected, Junaid's mother will not survive it.
“如果上诉被驳回,朱奈德的母亲撑不住了。他父亲已难以行走。整个家庭毁了。如果获释,我相信朱奈德将成为国际知名学者,在名校执教,”律师马鲁克说。
His father can barely walk. The whole family has been destroyed. If released, I believe Junaid will become an internationally recognized intellectual, lecturing at leading universities," said lawyer Malook.
“我们希望哈菲兹余生不再在死囚牢房中虚度,案件能最终尘埃落定,他能获得无罪释放,”他补充道。编辑:韦斯利·拉恩
"We hope that Hafeez's remaining life will not be wasted in the prison on the death row ands case will be finally concluded and he will be acquitted," he added. Edited by: Wesley Rahn