Briton freed after 18 years on Pakistan's death row

Islamabad: A British man on Pakistan's death row for 18 years was freed on Friday and flown out of the country following an act of clemency by President Pervez Musharraf that was hailed by human rights groups.

Mirza Tahir Hussain "is on his way back home," British High Commission spokesman Aidan Liddle said without providing further details.

Hussain, 36, has maintained his innocence for killing taxi driver Jamshed Khan while allegedly trying to defend himself in 1988.

On Wednesday, Musharraf ordered Hussain's death sentence commuted to life behind bars, which under Pakistan's sentencing rules equates to 14 years, meaning that he has served his time, the president's office said.

Hussain's release was greeted with joy by his family in the northern English city of Leeds and praised by human rights groups, who have long criticised charges and evidence used to convict the Briton as flawed.

But the victim's family denounced the decision to commute Hussain's death sentence, a ruling that was handed down by an Islamic court.

"The president has taken a step that is beyond his powers and has violated the country's laws, which is condemnable," said Yahya Mujahid, spokesman for the charity Jamaar-ud-Dawa.

"Only the victim's relatives can pardon the killer." The Briton's release also came as Musharraf, who regards himself as an enlightened reformist, has taken increasingly bold steps to challenge powerful political forces ahead of crucial 2007 parliamentary elections.

Wednesday's passage of a pro-Musharraf bill through the lower house of parliament to amend highly contentious rape laws enraged hard-liners.

Last month's deadly air raid on a religious school also stirred anti-Musharraf sentiment throughout the country.

"Tahir's release and the amendments to the rape laws are good for Pakistan's image, particularly ahead of the elections," said Musharraf supporter Senator Mushahid Hussain.

"Pakistanis must make a choice between wanting a progressive country or one run by regressive elements."

In Britain, Amjad Hussain, praised the Pakistani and British governments for working to free his brother.

"I am delighted — thankful to President Musharraf and the Pakistani Cabinet for taking this unprecedented step and granting the release of my brother," an emotional Amjad said.
"We as a family are indebted to them and are all very emotional now. We will now have to help him adjust to his new life outside."

Prince Charles, who raised Hussain's case with Musharraf during a recent visit to Pakistan, was "very pleased" with the decision, the prince's office said.

British Prime Minister Tony Blair, who is expected to arrive in Pakistan today, recently urged Musharraf to prevent Hussain's execution, saying it would be "very serious" if it went ahead.

Human rights groups hailed Hussain's release as a victory for justice.

"Finally, after 18 years, justice has been delivered and Tahir has been freed and we look forward to welcoming him back to England," said Zachary Katznelson, senior counsel for the British-based anti-execution group Reprieve.

Hussain was 18 in 1988 when he travelled to his ancestral home of Pakistan for the first time to visit relatives in the Punjab province town of Chakwal.

On the day he arrived, Hussain was picked up by the taxi driver, Khan, who the Briton claimed pulled out a gun and tried to sexually assault him.

During a struggle, the driver was fatally shot. Hussain drove the cab and the body to a police station, where he was arrested.

Hussain was convicted and sentenced to death in 1989 for murder, then acquitted in 1996 by a higher court.

However, an Islamic court overturned the acquittal and convicted him of armed robbery, sentencing him to death in 1998 — a penalty that under Islamic law must be carried out unless the victim's family decides to pardon him. Hussain maintained his innocence last month.

"I hope for the best and try to be ready for the worst, and leave everything to Allah," Hussain said from his cell at the high-security Adiala prison in Rawalpindi, near Islamabad.