Death Penalty Opponents Assail Troy Davis Ruling

Troy Davis

Anti-death penalty activists criticized the U.S. Supreme Court’s decision to reject without comment death row inmate Troy Davis’ appeals seeking to delay his execution while he attempts to prove he was wrongfully convicted of killing a white police officer in 1991.

Without another appeal, commutation or pardon, Monday’s decision likely will allow the state of Georgia to set another execution date for Davis. There may be a slight delay in scheduling because of questions over the state’s supply of a key lethal injection drug.

Federal regulators seized the entire stockpile of sodium thiopental earlier this month after questions arose about the way the state obtained the drug.

“We are deeply shocked and disappointed because we think that [Davis] has made a compelling case of innocence and that there are too many questions to go forward with his execution,” Diann Rust-Tierney, executive director of the National Coalition to Abolish the Death Penalty, told BlackAmericaWeb.com.

Davis was convicted in 1991 of killing Mark MacPhail, an off-duty Savannah, Georgia police officer, largely on the basis of eyewitness testimony, but 7 of the 9 witnesses who implicated Davis have since recanted, and other witnesses have come forward to say another man confessed to killing MacPhail. Further, there has been no physical evidence linking Davis, who had no prior criminal record, to the killing.

Restrictions on federal appeals prevented Davis from having a hearing in federal court on the reliability of the witness testimony used against him. The Georgia Board of Pardons and Paroles also rejected Davis’ application for clemency. An appellate court stayed Davis’ execution date so that his lawyers could file the appeals to the Supreme Court.

Davis was granted a stay of execution by the U.S. Supreme Court 2 hours before he was to be put to death in 2008, and the court in 2009 ordered the federal District Court to take another look at the case.

After holding a hearing to review evidence, the 11th Circuit Court of Appeals had ruled earlier that Davis "failed to show actual innocence" in the case. The District Court suggested that, for procedural reasons, Davis should take his appeal of its ruling directly to the Supreme Court.

In January, Davis’ lawyers filed two pleas. One sought review of the Georgia federal judge's rejection of the innocence claim, and the other asked for a test of the 11th Circuit's refusal to review the case.

"Nobody walking out of that hearing could view this as an open-and-shut case," Larry Cox, executive director of Amnesty International USA, told WSAV-TV after Monday’s Supreme Court ruling.

"The testimony that came to light demonstrates that doubt still exists, but the legal bar for proving innocence was set so high it was virtually insurmountable," said Cox. “It would be utterly unconscionable to proceed with this execution, plain and simple."

“I think the position of the state has been the burden of proof is on the defense since there’s been a determination in the process,” Rust-Tierney said. “But when all the legalese is pushed aside, the question is is there enough confidence in this conviction to go forward with an execution?”

Davis' sister told CNN Monday that she was "very disappointed" by the Supreme Court's rejection.

Martina Correia-Davis said Davis' attorney told her they would continue to pursue all possible legal options, including a possible repetition of the Georgia State Board of Parole.

MacPhail’s son, Mark MacPhail, Jr. told WSAV-TV in Savannah that the High Court’s ruling proved what the evidence has always shown and what his family has known all along: that "Troy Davis is guilty."

MacPhail, Jr., who was just a few months old when his father was slain, told the television station he had been getting somewhat frustrated and nervous and "wondering what was taking so long."

But Davis’ case has received broad support from entertainment, social and political figures, including former President Jimmy Carter and Pope Benedict XVI. There also have been calls for the Georgia Board of Pardons and Parole to commute Davis’ sentence.

It is unclear what Davis’ lawyers' options are, but defense attorney Jason Ewart told The Associated Press the likeliest route is appealing to the pardons and parole board, a five-member board that rarely postpones executions.

"The Troy Davis case is emblematic of everything that is wrong with capital punishment," Laura Moye, director of AIUSA's Death Penalty Abolition Campaign, told WSAV. "In a system rife with error, mistakes can be made.

“There are no do-overs when it comes to death," said Moye. “Lawmakers across the country should scrutinize this case carefully, not only because of its unprecedented nature, but because it clearly indicates the need to abolish the death penalty in the United States."

Source: BlackAmericaWeb.com, March 30, 2011

Why the war to save Troy Davis isn't over

On March 28, 2011 I woke up elated about my 10 year anniversary as a cancer survivor. I looked outside and it was cold and gloomy, the sun was nowhere to be found. It's about 9:30 a.m. and the phone rings, it's my brother Troy Davis' lawyer and from the tone in his voice I knew, it was not good news.

My heart sank to a heavy place as I listened to his monotone voice saying, "We just received news that the United States Supreme Court has denied Troy's appeal." Knowing that the appeals for Troy have always been an uphill battle and the lawyers have always stated that from a legal standpoint. Yet today I also heard optimism in the statement, "We will seek and exhaust all legal means available to us." I know from a legal standpoint denial by the Supreme Court is nothing a lawyer finds optimism in, yet I felt the readiness for yet another battle.

My first concern was my mother and my brother Troy. I cannot imagine facing three execution dates and the possibility of a fourth. I knew Troy would be more concerned about our family than himself, but I also knew that as much faith and spirituality as my mother has, she is still a mother and we are fighting for my brother's very existence. In this fight Troy is no longer voiceless and my family is no longer invisible, yet the court still refuses to hear what we have to say. Innocence does matter and beyond a reasonable doubt should be of utmost.

One thing for certain is that the global concern about this case is growing and yet the highest court in the United States is not willing to address the issue of innocence and new evidence. We live in country that is supposed to promote democracy and human rights for other countries yet it is not unconstitutional for us to execute innocent people in the U.S. if the courts feel they received a fair trial.

I am both enraged and empowered, for this battle to save Troy is a war of life and death for me! Until there is no breath left in my body I will fight for Troy, fight against the injustice of the death penalty, because this battle is bigger than Troy it is a war against a system is not impartial, a system that cares less for fairness and more for finality. In no way have we ever diminished the loss and hurt of the McPhail family, yet both families have been victimized. Being a mother and having Stage 4 cancer I understand the importance of life and I am willing to give my life to spare my brother's. No matter the final outcome of this case, my war against the death penalty is far from over and I will no longer be a victimize by this system in the United States, that justice depends on your ability to pay for it.

The hearing held in June 2010 in Savannah was like a puppet show, it was entertaining to some, upsetting to others, yet once the judge opened his mouth and looked at my brother with disgust I knew that no matter what Troy's lawyers had to present the judge had already made his decision to deny Troy, so he was just going through the motions like a puppeteer. I saluted the witnesses, even though they were criminalized by the state prosecutor for recanting their trial testimony. When they testified against Troy all those years ago, the police treated them like heroes, even though they had the same criminal history in 1989. It also seemed amazing that all the police who testified had amnesia about their role of misconduct with the witnesses, yet the judge chose to believe them over recanted testimony of the very witnesses they used to secure a conviction and death sentence for my brother.

The Georgia Parole Board said they will not execute when there is doubt. The case of Troy Anthony Davis is full of doubt.

As Troy said to me, "It's not over 'til God says it's over, this fight for justice did not begin with me and will not end with me."

The battle for Justice and the War to save Troy wages on! My name is Martina Correia and I am on Death Row because that is where my brother lives, our lives intertwined. If Troy is executed he will become even more powerful, because people all around the world are saying, "I AM TROY DAVIS," and his story will be heard.

Source: Opinion, Martina Correia, The Grio, April 3, 2011
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High court rejects appeal from Troy Davis

The Supreme Court has rejected an appeal from Georgia death row inmate Troy Davis, clearing the way for the state to resume planning for Davis' execution.

The justices on Monday refused to order the federal appeals court in Atlanta to examine Davis' case and they declined to do so themselves.

In 2009, the high court ordered a federal judge to examine evidence Davis said would show he was innocent of the 1989 killing for which he has been sentenced to death.

But the judge decided last year that Davis had failed to clear his name.

At the moment, executions are on hold in Georgia after federal agents seized the state's supply of a key lethal injection drug.

Source: Associated Press, March 28, 2011

Appeal denied in high-profile US death row case

The US Supreme Court Monday rejected an appeal to death row inmate Troy Davis who is seeking a new trial after 7 of the 9 witnesses against him recanted their murder trial testimony.

The Supreme Court rejected a request for an appeal hearing submitted by lawyers on behalf of Davis, a 42-year-old convicted of murdering a police officer in the southern state of Georgia in August 1989.

The decision clears the way for the execution of Davis, who has been on death row in Georgia since 1991 but has always maintained his innocence.

Davis's conviction rested on the testimony of the 9 witnesses, with no direct physical evidence such as a murder weapon, DNA or fingerprints linking him to the crime.

After a series of failed earlier appeals, the Supreme Court issued a landmark ruling in August 2009 allowing Davis to present what he claimed was exculpatory evidence that was not reasonably available during his trial.

But after the rare hearing in August 2010, the judge decided there was not enough evidence to prove Davis's innocence.

With its racial overtones -- Davis is black, the officer Mark Allen MacPhail was white -- and the prisoner's continued claims of innocence, the case has triggered an international outcry.

Critics have included the European Union, whose member states oppose the death penalty, as well as Nobel Peace Prize laureate Desmond Tutu of South Africa and Pope Benedict XVI.

Source: Agence France-Presse, March 28, 2011

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Catholic Bishops Urge Illinois Governor to Sign Bill Ending Death Penalty

WASHINGTON (March 3, 2011)—Signing a bill to end the use of the death penalty would “begin building a culture of life in our country,” said the bishop who oversees the domestic justice efforts of the United States Conference of Catholic Bishops (USCCB) in a letter to the governor of Illinois.

In his March 3 letter, Bishop Stephen Blaire of Stockton, California, chairman of the USCCB Committee on Domestic Justice and Human Development, joined the bishops of Illinois in urging Governor Pat Quinn to sign SB 3539, a bill that would end the use of the death penalty in Illinois and provide funds for training for law enforcement and services for families of murder victims.

“I hope and pray that you will take this essential step by signing SB 3539 and further Illinois’ leadership role in turning away from the death penalty with all its moral problems and issues of fairness and justice,” wrote Bishop Blaire.

Bishop Blaire also cited the opposition of both Pope Benedict XVI and Pope John Paul II to the death penalty and quoted the 2005 statement of the U.S. bishops, A Culture of Life and the Penalty of Death: “Even when people deny the dignity of others, we must still recognize that their dignity is a gift from God and is not something that is earned or lost through their behavior. Respect for life applies to all, even the perpetrators of terrible acts. Punishment should be consistent with the demands of justice and with respect for human life and dignity.”

The full text of Bishop Blaire’s letter follows:

Dear Governor Quinn:

On behalf of the United States Conference of Catholic Bishops, I join the Catholic bishops of Illinois and urge you to sign SB 3539, which would end the use of the death penalty in Illinois and provide funds for training for law enforcement and services to families of murder victims.

Pope Benedict XVI and his predecessor, Pope John Paul II, have called for the end to the use of the death penalty as a sign of greater respect for all human life. In A Culture of Life and the Penalty of Death, the Catholic bishops of the United States wrote “Even when people deny the dignity of others, we must still recognize that their dignity is a gift from God and is not something that is earned or lost through their behavior. Respect for life applies to all, even the perpetrators of terrible acts. Punishment should be consistent with the demands of justice and with respect for human life and dignity.” The legislation before you would help to begin building a culture of life in our country.

I hope and pray that you will take this essential step by signing SB 3539 and further Illinois’ leadership role in turning away from the death penalty with all its moral problems and issues of fairness and justice.

Sincerely,

Most Rev. Stephen E. Blaire

Bishop of Stockton

Chairman, USCCB Committee on Domestic Justice and Human Development

Source: United States Conference of Catholic Bishops, March 3, 2011

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Troy Davis files new appeal with U.S. Supreme Court

Attorneys for Troy Anthony Davis are asking the U.S. Supreme Court to overrule a federal judge who decided last year the Georgia death row inmate failed to clear his name after getting a rare chance to prove his innocence.

Davis' latest appeal, filed Friday, says the U.S. District Court judge ordered by the Supreme Court to hear his innocence claim last year "evinced a clear hostility to Mr. Davis and his claims throughout the hearing."

Davis has long said he could prove he was wrongly convicted of the 1989 slaying of off-duty Savannah police officer Mark MacPhail if a court agreed to hear new evidence.

The Supreme Court in late 2009 ordered U.S. District Court Judge William T. Moore Jr. in Savannah to preside over such a hearing. Moore heard 2 days of testimony in June.

In August, the judge ruled evidence presented by Davis' attorneys wasn't nearly strong enough to prove he's innocent. He wrote that while the evidence casts some additional doubt on Davis' conviction, "it is largely smoke and mirrors."

In their latest appeal, Davis' lawyers say the judge was wrong in refusing to hear from witnesses who say another man later confessed to MacPhail's killing.

They say the judge should have ruled that other testimony casting doubt on the case would have been sufficient to sway reasonable jurors from convicting Davis.

"The evidence, new and old, establishes that Mr. Davis is innocent by any reasonable standard," Davis' attorneys wrote.

A rejection by the Supreme Court would clear the way for Georgia officials to resume planning Davis' execution.

His case has taken a number of unexpected turns over the years. Davis has been scheduled for execution three times since 2007, but was spared each time by courts agreeing to take another look at his case.

Davis' lawyers tried to challenge Moore's ruling last year in the 11th Circuit Court of Appeals. That court refused to hear Davis' appeal, saying he must go straight to the Supreme Court because it ordered the hearing on his innocence claim.

Davis' lawyers are asking the Supreme Court to return the case to the 11th Circuit. But they also filed arguments challenging Moore's opinion in case the Supreme Court refuses to return the case to the lower appellate court.

MacPhail was working off-duty at a Savannah bus station on Aug. 19, 1989, when he was shot twice after rushing to help a homeless man who had been attacked. Eyewitnesses identified Davis as the shooter at his trial, but no physical evidence tied him to the slaying.

Davis' case has attracted international attention, including support from the NAACP, Amnesty International, former President Jimmy Carter and Pope Benedict XVI.

Source: Associated Press, January 25, 2011

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Woman convicted of adultery, murder appears on Iranian TV

"Ashtiani was brought back to her home
in Osku "to produce a visual account" of the
death of her husband "at the crime scene."

(CNN) -- A woman convicted of murder and adultery and sentenced to die by stoning confesses to her part in the plot to kill her husband on an Iranian television program aired Friday night.

But the family of Sakineh Mohammadi Ashtiani has steadfastly denied that she played any role in her husband's death -- and a human rights organization that is trying to help Ashtiani called the program "a theatrical melodrama."

"There was a complete disregard for due process, bringing her out and making her a part of this theatrical melodrama is an attempt to try to convince the international public opinion that she is guilty," said Hadi Ghaemi, director of International Campaign for Human Rights in Iran.

Iran has drawn sharp criticism from the international community after Ashtiani's 2010 sentence to death by stoning. Officials ranging from Pope Benedict XVI to the European Union's top foreign policy official, Catherine Ashton, urged Iran not to carry out the sentence.

"Since the international outcry, the Iranian government is tap-dancing, trying to justify executing her," said Ghaemi.

Press TV, Iran's government-backed English language station, aired the half-hour special on "Iran Today." The program included interviews with -- among others -- Ashtiani and her son.

The program brought Ashtiani back to her home in Osku "to produce a visual account" of the death of her husband "at the crime scene."

"This is highly unusual because according to Iranian authorities this is a woman who is in prison convicted of adultery and murder and now she has apparently been plucked out of her jail cell and featured in this documentary," said CNN's Reza Sayah

"This was a program designed to promote the government's position," said Sayah.

This is not the first time Ashtiani has been brought out in front of cameras for an alleged confession.

The program also condemns the public campaign to free her.

"It was a very disturbing piece, it was the Iranian government turning a judicial case into a public relations case," said Ghaemi.

Press TV's release of still photographs of Ashtiani and her son from the interview, which took place on Sunday, fueled some speculation that they had been released, but there was no evidence or confirmation to support that conjecture.

Ashtiani was convicted of adultery in 2006. She also received a 10 year prison sentence for her alleged cooperation in the plot to kill her husband.

"The key point here is not just about Ashtiani, but about abolishing stoning in Iran. That is what the Iranian government is trying to diverge attention from. They don't want to talk about abolishing stoning or Iran's human rights record," said Ghaemi.

Two German journalists who interviewed Ashtiani were arrested in October and charged with espionage. He son and lawyer also were arrested, but it was not clear on what charges.

Source: CNN.com, December 11, 2010

Iranian TV shows Sakineh Mohammadi Ashtiani at home

Sakineh Mohammadi Ashtiani, who was sentenced to death by stoning for adultery, was interviewed at home on Iran's state-run Press TV a few days ago, prompting human rights campaigners to erroneously celebrate her release.

Human rights campaigners condemned an Iranian television programme, aired tonight [December 10, 2010], which showed Sakineh Mohammadi Ashtiani, the woman sentenced to death by stoning, at her home apparently discussing her part in the murder of her husband.

Despite speculation that she had been released, Iran's state news agency confirmed that Mohammadi Ashtiani remains in prison.

Her jailed son also appeared in the programme, in which he played the role of his father in a reconstruction.

Iran's state-run Press TV, said it had been arranged with Iran's judicial authorities to accompany his mother to her house to record her recounting the crime and that she had agreed to do so.

"There are always two sides to a story and sometimes more," said the voice of a narrator who described Mohammadi Ashtiani as a "prostitute" and "adulterous woman".

In what was portrayed as a 'confession' Mohammadi Ashtiani was filmed saying that one of her husband's relatives, Isa Saharkhiz, asked her to render her husband unconscious before he could electrocute him. "We planned to kill my husband," she said, before showing in a reconstruction how she made him unconscious with an injection.

Curiously, Press TV also broadcast footage of Saharkhiz, who remains free. It said he had not agreed to be interviewed but failed to explain why he remains at liberty.

The channel also said Mohammadi Ashtiani's case remained open. It broadcast an interview with Mohammad Javad Larijani, an adviser to the Iranian supreme leader, in which he made previously reported comments that there was a "good chance" that her life could yet be spared.

However, hopes that she had been freed after photographs emerged of her at her home before the broadcast were dashed. The Italian foreign minister, Franco Frattini, and Maureen Harper, the wife of the Canadian prime minister, were among those who had welcomed unconfirmed reports of Mohammadi Ashtiani's release. Based on the photographs, several newspapers around the world also wrongly reported that she had been freed.

Earlier today Mousa Khalil-Elahi, a judiciary official in Tabriz, confirmed to Iran's state news agency, IRNA, that Mohammadi Ashtiani had not been freed. Khalil-Elahi was quoted by IRNA as saying: "Sakineh Mohammadi Ashtiani is in prison and the reports about her release are false." He added: "There's no development in her case and she is still kept in Tabriz prison. She is in good health."Mohammadi Ashtiani has already appeared on state TV three times, but activists say her apparent confessions have been coerced.

Clare Bracey of Amnesty said: "International standards for fair trial, to which Iran is a state party, guarantee the right not to be forced to incriminate oneself or to confess guilt. The judiciary is in charge of this case and would have to have given permission for such an interview to take place. To organise a televised 'confession' midway through a judicial review of a serious case – where a woman's life hangs in the balance – makes a mockery of Iran's legal system."

She added: "That judicial review [for Mohammadi Ashtiani] is further hampered by the fact that Sakineh's son and lawyer have been detained. If Sajad Qaderzadeh and Javid Houtan Kian are being held solely for peacefully highlighting Sakineh's case, they should be released immediately and unconditionally."

Mohammadi Ashtiani's son Sajad was arrested in October along with her lawyer, Houtan Kian, and two German journalists who were detained after trying to interview her family.

Mina Ahadi of the International Committee against Stoning (Icas) said in reaction: "It is very, very sad for me to see that Iran has forced Sakineh's son, Sajad, to play in the role of his dead father in the reconstruction of the murder. This is really outrageous."

Houtan Kian also appeared in front of the camera claiming that he and Sajad had been taking orders from Mina Ahadi, an Iranian human rights activist who has publicised Mohammadi Ashtiani's case internationally.

Mohammadi Ashtiani was convicted in May 2006 of conducting an illicit relationship outside marriage. She was given a sentence of 99 lashes, but her case was reopened when a court in Tabriz suspected her of murdering her husband. She was acquitted, but the adultery charge was reviewed and a death penalty handed down on the basis of "judge's knowledge" – a loophole that allows for subjective judicial rulings where no conclusive evidence is present.

Embarrassed by international condemnation of the stoning sentence, Iran has tried to distract attention from Mohammadi Ashtiani's initial charge of adultery by introducing new charges against her and portraying her as a murderer.

Iran rarely carries out stonings. It executed 388 people last year, more than any other country apart from China, according to Amnesty International. Most were hanged. Ten Iranian women and four men are on death row awaiting execution by stoning.

In Pictures: Iranian TV shows Ashtiani at home. Click here to view the photo gallery

Source: The Guardian, December 11, 2010

Blasphemy case splits Pakistanis

PAKISTAN'S President faces mounting pressure to intervene in the case of a Christian woman sentenced to death for blasphemy.

The case has drawn the Vatican's attention and sparked street protests in this Muslim-majority nation.

In a report delivered to President Asif Ali Zardari, Minorities Minister Shahbaz Bhatti recommended that the woman, Asia Bibi, 45, be pardoned or released from prison if her pending appeal is not quickly addressed.

Mr Bhatti said he also recommended amendments to the nation's controversial blasphemy law.

The report followed calls for clemency by Pope Benedict XVI, rights groups, newspapers and the governor of the province where Bibi became the first woman condemned to hang for blasphemy.

But opponents have been equally loud, and the response of Mr Zardari's government will be viewed as a barometer of its will to stand up to hard-line religious groups, including some political allies.

Hundreds of Muslim demonstrators in Lahore threatened violence this week if Bibi is released.

Her ordeal began last year when Muslim women in her village near Lahore accused her of speaking ill of the prophet Muhammad. Human rights organisations have long urged a repeal of the blasphemy law, and Mr Zardari's Pakistan People's Party - whose government depends on a fragile coalition with conservative religious parties - has vowed, but done little, to prevent its abuse.

''All Pakistanis, no matter what their religion, are equal under the law,'' said Farahnaz Ispahani, a spokeswoman for Mr Zardari. ''President Zardari has followed the case of Asia Bibi closely and will take appropriate action, if necessary, to issue a pardon or grant clemency.''

Several people have been sentenced to death for blasphemy in Pakistan, but none have been executed. Instead, rights activists and lawyers say the law is widely used to ostracise religious minorities or settle personal scores.

Though police are supposed to investigate cases, lawyers say that accusers often do little more than gather an intimidating group to lodge a claim and police make an arrest to avert an uprising.

That is what happened in Bibi's case, according to Mr Bhatti, who is a Christian. He said Bibi drew the ire of fellow farmhands after a dispute in June 2009, when they refused to drink water she collected and she refused their demands that she convert to Islam.

The women complained to a cleric, who gathered a crowd that forced her to the police station, Mr Bhatti said. He said police did not investigate and a court, without hearing her full account, handed down a death sentence four months later.

Mr Bhatti said he had concluded that Bibi, a mother of five who has been in prison for 17 months, never criticised Islam and the case against her was riddled with flaws.

People accused of blasphemy are frequently so threatened that they must leave their towns, and several convicted blasphemers have been killed in jail, said Ali Dayan Hasan, a researcher for Human Rights Watch.

''The cases that go to trial are really the tip of the iceberg,'' Mr Hasan said. ''The law creates this legal infrastructure which is then used in various informal ways to intimidate, coerce, harass and persecute.''

Bibi's husband and children were in hiding, Mr Bhatti said.

''We are frightened,'' Bibi's husband, Ashiq Masih, a brickmaker, told reporters in Islamabad on Wednesday. ''We are receiving threats, especially from clerics.''

Sahibzada Fazal Karim, the leader of the Sunni Ittehad Council, a key Muslim body, said he agreed that the law should be amended - but not towards leniency. Instead, he said, it should make blasphemy against other religious figures, such as Jesus, also punishable by death.

''Death is the only punishment for a person who commits blasphemy,'' Mr Karim said. ''If such a man or woman is set free by the President, ignoring the decision by the judiciary, it will have a ruinous effect on peace and harmony in the country.''

Source: theage.com.au, November 27, 2010

No quick pardon for Pakistani Christian

Pakistan's president will not immediately pardon a Christian woman sentenced to die for insulting Islam, but may do so later if an appeals court delays her case too long, an official said on Thursday.

The case against Asia Bibi has inflamed religious passions in Pakistan. Hard-line Muslims demonstrated again on Thursday against any pardon for her, and minority Christians held their own protests calling for abolishment of the blasphemy law, which critics say is misused by some to settle personal scores and persecute minorities.

Pope Benedict XVI has appealed for the release of Bibi, a 45-year-old mother of five who has said she was wrongly accused by a group of Muslim women with a grudge against her. The Pope said her case highlights the persecution of Pakistani Christians, who make up less than 5 per cent of the country's 175 million people.

Bibi, 45, is the 1st woman condemned to die under the blasphemy law. She has been jailed for 18 months and was sentenced November 8 to hang for insulting Islam's Prophet Mohammed.

Her lawyer has filed an appeal with the Lahore High Court, and President Asif Ali Zardari has decided to let the appeal process play out instead of immediately pardoning her, said Minister for Minority Affairs Shahbaz Bhatti, who met with Zardari on Thursday.

Pardoning Bibi would carry political risk for Zardari, whose broadly secular ruling party relies on the support of Islamist groupings in parliament.

However, the president agreed to pardon Bibi later if the appeal case is unduly delayed, said Bhatti, who delivered a report to the president on Thursday recommending Bibi be immediately freed. Zardari's spokesman could not be reached on Thursday.

Bhatti said Zardari did not specify any deadline but he believes the president "will not wait months or weeks."

About 100 Muslim demonstrators rallied on Thursday in the central city of Multan, warning against any presidential pardon for Bibi and burning an effigy of the Punjab provincial governor who has supported her appeal.

"We will resist if the government moves against the court verdict and attempts to amend the blasphemy law," warned Tariq Naeemullah, a leader of Citizen Front of Multan.

Dozens of Christians held their own protest in the southern city of Karachi, carrying a large crucifix and placards reading Down with Black Law and Stop Discrimination Against Religious Minorities.

Pakistan's higher courts have always struck down lower courts' death penalties in past blasphemy cases. Still, Bhatti said many who are falsely accused are unjustly jailed for months and often targeted by violence. 2 Christian brothers in Punjab were gunned down earlier this year as they were leaving a court hearing on a blasphemy charge.

The minorities minister acknowledges that repealing the blasphemy law is politically unfeasible but has proposed changes to it including making it a crime to falsely accuse someone, abolishing the death penalty for the crime and requiring initial cases to be heard by higher courts instead of local ones.

Source: Associated Press, November 27, 2010