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Lifeline for Pervez: Afghan Senate withdraws demand for death sentence

By Kim Sengupta, Jerome Starkey in Kabul and Nigel MorrisSaturday, 2 February 2008

In a dramatic volte-face, the Afghan Senate has withdrawn its confirmation of a death sentence on Sayed Pervez Kambaksh, the student convicted of blasphemy for downloading a report on women's rights from the internet.

The move follows widespread international protests and appeals to the President, Hamid Karzai, after the case was highlighted by The Independent and more than 38,000 readers signed our petition to secure justice for Mr Kambaksh. In Britain, the Foreign Secretary David Miliband, the Liberal Democrat leader Nick Clegg and the shadow Foreign Secretary, William Hague, backed the campaign, and there have been demonstrations in the Afghan capital, Kabul.

The first ruling by the Senate supporting the death sentence on Mr Kambaksh by a religious court in Mazar-i-Sharif in the north of the country, was proposed by Sibghatullah Mojaddedi, a key ally of President Karzai, and was seen as a severe blow to the 23-year-old journalism student's chances of avoiding execution. The new stance, in which the Senate calls its previous decision "a technical mistake", significantly raises hopes that he will eventually be freed.
Mr Kambaksh's family and friends had complained that he was not allowed legal representation at his trial, which was held in secret. Fundamentalist Muslim clerics say he should not have access to the normal right of appeal under the state because he was convicted of the religious crime of blasphemy. The Senate statement yesterday explicitly recognised that the student should have the right to a defence lawyer as well as the right to appeal.

The Senate statement, read out by Aminuddin Muzafari, secretary to the upper house, said: "The position of the upper house regarding distributing anti-Islamic articles, via an Iranian website, was that the upper house approved of the prosecution of such acts by the judiciary. The nature of the sentence, considering the judiciary's independence, would be up to the court itself.
"The upper house respects the rights of the accused, such as the right to have a defence lawyer, the right of appeal and other legal rights. But approval of the death sentence, in the statement published recently from the address of the upper house, was a technical mistake."

Mr Mojaddedi, who has been heavily criticised for proposing the ruling backing the execution, said: "I accept that justice is independent and only the courts are competent to issue such a ruling."

Mr Kambaksh can now petition the court of appeal against both his conviction and sentence, and, afterwards, the supreme court. If he fails there, he can appeal directly to Mr Karzai – who has been inundated with emails about the case – for a pardon. Mr Kambaksh's brother, Sayed Yaqub Ibrahimi, welcomed the new position adopted by the Senate. He added, however, that he might have difficulties finding lawyers to present the case at the appeal court after warnings from fundamentalist groups against people "allying themselves with the apostate". He said the only realistic chance of his brother being freed might be the personal intervention of Mr Karzai.
Ershad Ahmadi, a senior aide to Mr Karzai, said the President was "keeping a close eye on the case". But he stressed it was a "long, difficult and complicated legal process".

Mr Ahmadi added: "The decision by the initial court will be reviewed by a higher court and that decision will then be scrutinised by the supreme court. If they uphold the death sentence, the President can send the verdict back to the supreme court for them to reconsider. But if they stand by their decision the President still has the authority to pardon him."

Selim Mohammed Nasruddin, an analyst of the Afghan legal system, said the upper house had "taken a really dangerous step in saying this journalist should be killed – it put tremendous pressure on the appeal courts. What they have done now makes it easier for the judges to commute the death sentence.

"It also makes it politically easier for Mr Karzai to free this man if he wants to. Those who are progressive in this country are glad this has happened. What is very worrying is that it took pressure from outside the country for the upper house to rectify this error."

The media campaign group, Reporters Without Borders, which has campaigned on behalf of Mr Kambaksh, said the Senate's statement was a step in the right direction. "We have seen that there is support for the young journalist," a spokesman added. "The authorities must now take the necessary measures, which include transferring the case to Kabul so that it can be dealt with in normal conditions.

"The safety of Kambaksh and his family must also be ensured, as the death threats against them have been increasing. And we urge foreign governments to rally to his defence." A Foreign Office spokesman said: "We are keenly watching all developments. The Foreign Secretary had made it very clear that we are firm in our belief that freedom of expression is fundamental to a democratic society."

Nick Clegg, leader of the Liberal Democrats, said: "This is hugely welcome and I hope it will not be long before this appalling judgment is reversed. The international community must continue to make it clear that Afghanistan cannot cast aside basic principles of justice and human rights."
HOW YOU CAN SAVE PERVEZ

More than 38,000 readers of The Independent have now joined the campaign to save Sayed Pervez Kambaksh - and yesterday's breakthrough shows the impact this petition has had. But the student's fate is by no means decided.

So add your voice to the campaign by urging the Foreign Office to put all possible pressure on the Afghan government to spare his life. Sign our e-petition at www.independent.co.uk/petition