PAKISTAN: Karachi–a city of extra judicial killings, Supreme Court must take Suo Moto action

The largest commercial city of Pakistan, Karachi, since the past few years has been the hub of extra judicial killings where the law enforcement agencies i.e. the police and Pakistan Rangers enjoyed impunity to shoot and kill in the name of maintenance of law and order. During the year 2014, according to the newspapers reports 692 persons were killed extra judicially in different parts of the city. According to the statistics collected by Human Rights Commission of Pakistan (HRCP), 457 persons were killed in police encounters and 135 were killed by the law enforcement agencies (LEA)—this term is used in Pakistan for military and Para Military forces like Pakistan Rangers and state agencies run by military establishment. In total 692 persons were killed extra judicially. These are just the reported figures which were collected from the print media otherwise such incidents generally go unreported.

During the first three months of 2015 extra judicial killings continued and a total number of 154 persons were killed and among them 137 were killed in police encounters and 17 were killed by Pakistan Rangers.

Since the start of operation in Karachi in September 2013 about 1062 persons were killed till March 2015. The breakup of these figures is 213 persons from September 5 to December 2013, about 692 from January 1 to December 2014 and 157 persons killed by LEA in the first three months of 2015.

The ‘Karachi Targeted Operation’ was initiated by the federal government with the Sindh provincial government on September 5, 2013. The Pakistan Rangers has been given powers of arrest and detention of the suspects including shoot at sight. To monitor the operation an apex committee was formed consisting of personals from military, Rangers, state spy agencies and Sindh governments including Chief Minister And Governor. The result was that the police and LEA by passed every legal method to maintain law and order using brutal force.

The French News Agency, AFP, in its statement on March 30, stated that “rights activists and medical examiners who have followed the killings closely voice grave doubts and concerns. At the city’s main Jinnah Hospital, a senior official who asked to remain unnamed pointed out that most victims of “fake encounters” have telltale signs quietly ignored in reports. “Most of them are gunshot wounds. It’s usually not from an actual fight. The question to be asked is if 10 people were killed, why wasn’t a single cop shot? Why wasn’t a single cop injured?” the official said. Another medical official with extensive experience of the cases said victims were often shot at close range through a piece of tyre, which shields the body from residue and gives the impression the shot was fired from a distance.”

The law enforcement agencies (LEA) in the Pakistan including army and Pakistan Rangers have been given unbridled power to control terrorism through many draconian laws which empower LEA to raid any place without search warrants, can shoot suspect at sight, keep suspect in custody for 90 days for further investigation and even select the cases which can be tried before the military courts. Further to it the military has been authorized through constitutional amendment to form military courts for summary trials against the terror suspects.

In addition to suspects about 130 policemen have also been killed in the line of duty in 2014. The irony of the situation is that no matter which side sustains casualties no inquiry or investigations is ever initiated by the government. An atmosphere is created by the civil governments and the military establishment that the persons killed in encounters were the terrorists, target killers and hardened criminals therefore there is no need to follow the due process of law. All the institutions which are supposed to provide justice and check the unlawful actions remained silent as if these figures are a matter of routine. The judiciary has been complacent in all of this and the deafening silence is creating a sense of helplessness amongst the masses who find no avenue to seek reprisal against the killing of their loved ones. The LEAs are enjoying complete impunity for killings innocent people during the custody or raids at different places.

The silence of the judiciary on the extra judicial killings on the pretext of terrorism and the increase in incidents of target killings is creating a greater sense of insecurity among the citizens of Karachi as most of the victims are young adults. The decision of who is criminal or not, is solely vests on the whims of the law enforcement agencies including police. Every agency is on run for showing its competency and efficiency which is resulting in the extra judicial killings on daily basis with total impunity. The police and Rangers have become killers and judges at the same time.

The judiciary and fair trial procedure have been totally undermined and ridiculed as the law enforcement agencies particularly police are always making complaints against the judiciary that they let off the suspect who the police apprehend after extensive investigation. The judicial response upon such allegation is that investigations are often faulty and the prosecution fails to prove the case beyond doubt. Therefore in their campaign against fair trial of judicial process the law enforcement agencies have come all out for absolute power.

The authorities instead of reforming the criminal justice system have circumvented it by establishing military courts; a one stop solution for all problems of heinous crimes such as terrorism, target killings and murder. The military courts are in fact a blanket legal cover for extra judicial killings as the suspects are handed out capital punishment after a summary trial. The government of Pakistan has developed a mindset that crimes can be dealt with guns only which is resulting in the promotion of language of violence and threats. It is useless to ask government to initiate the investigations of extra judicial killings in the largest city of Pakistan. It is very sad that during the past 18 months about 1062 persons were extra judicially killed in encounters and custody.   The state is fast becoming a criminal state that murders its own citizens in the name of maintenance of law and orders the LEA and the state fail to comprehend the fact that hate breed more breed and that blood can’t be cleaned by more blood. The actions of LEA are blatant infringement of article 9 of the constitution of Pakistan which states that; “No person shall be deprived of life or liberty save in accordance with law”

How can they LEA deprive a citizen of his right to life? Do they consider themselves above law and constitution of the state? Of course without state impunity it is impossible. The evil nexus of the state and the LEA where the latter helps the former in maintaining its writs and reaps monetary and social benefits thereof must be stopped.

The Asian Human Rights Commission (AHRC) urges the higher judiciary particularly the Chief Justice of Supreme Court to take Sou Moto notice of the extra judicial killings continuing unabated though out Pakistan.

Document Type : Statement
Document ID : AHRC-STM-062-2015
Countries : Pakistan,
Issues : Extrajudicial killings,