アジア女性資料センターとは長いお付き合いのあるパキスタンASR資料センターのNighat Said Khanさんから、偽証罪で逮捕されてしまったトランスジェンダーの男性（FTM）とそのパートナーに対する支援の要請が来ています。
昨年９月に結婚式を挙げたShahzima TariqとShamial Rajは、最近、偽証罪で逮捕され、３年の有罪判決を受けました。彼らの「罪」とは、Shamial Rajのジェンダーアイデンティティを、Shamial自身が信じるとおりに「男性」としたことでした。
手紙の送付先は、Nighat Said Khanさん （＠を小文字にしてください）か、アジア女性資料センターまで。
Dear Shahzima and Shamial:
We have heard about your case and are deeply concerned about the unjust outcome for both of you as well as the consequences of the court’s decision for gender justice and human rights. As an organization focusing on women’s rights and human rights we would like to express
our strong disagreement with the judicial decision and our support for your continuing legal struggle. Your courage to engage with the legal system to expand frontiers of national human rights jurisprudence has our support and admiration.
In our view, the imprisonment of Shahzima Tariq and Shamial Raj for “perjury” due to their testimony concerning Shamial Raj’s gender violates their basic human rights. The expression of gender identity
and freedom to choose one’s marriage partner are encompassed within the fundamental rights of equality, liberty, life and dignity recognized both by the national Pakistani Constitution and by the international community, and must be protected by the courts. The judicial decision rendering Shamial’s expression of gender identity
illegal, as the conviction for perjury does in this case, undermines fundamental rights, in particular the freedom to marry without coercion.
Pakistan itself has confirmed that self-determination, the freedom to marry, the security of person, human dignity, and freedom of expression are rights it will strive to ensure to its citizens. When a
person has undertaken self-evident and affirmative steps toward expressing a gender other than that with which he was biologically identified at birth, fulfillment of the rights above requires the state to recognize the expressed gender identity; protect the ability of this person to be equal before the law; and enable the person to make the
best and most productive use of his resources as a citizen. Shamial, your actions and statements clearly establish your true gender identity. Therefore, in testifying before the court as a man, you have committed
no perjury. Rather, you have complied with the court’s requirement of truth. Shahzima’s decision to marry Shamial was made of her own free will and in accordance with existing law. A judgment that does not recognize your chosen gender identity or choice in marriage is a clear
violation of human rights guaranteed to both of you as citizens of Pakistan and as part of the global community of persons.
The court’s decision wrongfully punishes both of you for exercising your human rights ? denying your autonomy to choose gender and marriage partner. We express solidarity with your struggle ? although personal for you, for many of us it is a path-breaking challenge to a system to expand its understanding of human rights so as to be able to grant recognition and protection to all regardless of sex, gender, sexual orientation, caste, class and so on.
Partners for Law in Development
F-18, First Floor, Jangpura Extension
New Delhi ? 110014