PAKISTAN: Police protect perpetrators who poisoned a young man after sexually assaulting him

Dear friends,

The Asian Human Rights Commission (AHRC) has received information that a 19-year-old tea vender was sodomised and poisoned, and that he later died in hospital. The rapists threw him in the mud after sodomising him, intending that he should die on the roadside. Police have still not arrested any perpetrator; instead, they have provided a room inside the police lockup for them as guests of the police, because they are from the ruling party (PML-N) of the Punjab government. It is said that one of the perpetrators is a candidate for the provincial assembly in the coming elections. The father and the family members of the victim are receiving threatening calls from perpetrators and local police. Even after two months, police have failed to arrest the perpetrators.

CASE NARRATIVE:

In the evening of 1 November 2012, Mr. Aamir Baloch, a 19-year-old tea vender at Yaqoobabad, Boray Wala, Punjab province, was on his way home after work when, suddenly, three people appeared, beat him and took him to an unknown place. At 7.30 pm, a milk-seller took him home on his motor bike and told his parents that he was found in an unconscious condition in the mud of a kiln factory at a village, Chak number 435, which was one and a half kilometers far from his house. When his parents asked about his condition, he told him that he did not remember what happened and then fell down on the bed.

The next day, in the morning, Aamir remembered and weakly, quietly, narrated the story. He was abducted by a notorious gangster from the area, Ali Arselan Chillar, Mazhar Iqbal (activist of PML-N, the ruling party of Punjab province), Abdul Khaliq (a petty contractor) and Irshad Arain (former councilor from PML-N ticket). They abducted and sexually assaulted him before and throwing him into deep mud. As his condition was deteriorating, he was shifted to Taluqa Head Quarter (THQ) hospital, where he died from poisoning.

On the same day, 2 November, the father of the victim, Akram Baloch, filed an FIR against Chiller, Mazhar Iqbal and Irshad Arain under Sections 302 and 337 of the Penal Code for the murder at Saddar police station, Boray Wala. After the registration of the case, the Station House Officer (SHO) of the police station, Mr. Mian Asghar Shah, came to Baloch’s house and tried to use his influence to get him to withdraw the criminal case against the perpetrators and nominate some other persons, saying that the police can provide the names. After Baloch refused to change the names in the FIR, the police helped the lawyers of the accused persons to get bail before arrest. The courts usually refuse applications for this but this procedure is possible in Pakistan, and powerful persons often get bail before arrest.

During this period, police avoided providing an official letter for autopsy. After several days, police provided a letter that contained a finding that he was poisoned. The rape kit report has not been given by the hospital, as there was huge pressure from the ruling party.

On the receipt of the report about poisoning, the police were compelled to file the cases under Section 337 (to cause hurt); and 302 (murder) against the perpetrators. Police have taken the perpetrators into “custody” and provided them a separate room as the guests of the police. 

SUGGESTED ACTION:

Please write letters to the following authorities calling for an inquiry into the case of rape and poisoning of a young man by influential people under the patronage of the police. Please urge them to arrest the perpetrators and prosecute the police officials of Saddar police station, Boray Wala, Punjab province. Also urge them to arrange compensation for the bereaved family.

The AHRC writes a separate letter to the UN Special Rapporteur on Torture and other Cruel, Inhuman or Degrading Treatment or Punishment calling for his intervention into this matter.

To support this case, please click here: SEND APPEAL LETTER

SAMPLE LETTER

Dear ___________,

PAKISTAN: Police protect perpetrators who poisoned a young man after sexually assaulting him

Name of victim: Mr. AamIr Baloch, son of Akram Baloch, resident of Ateeq Town, Boray Wala, Punjab province
Names of alleged perpetrators:
1. Mr. Ali Ercelan, son of Mohammad Bashir 
2. Mr. Mazhar Iqbal 
3. Mr. Irshad Arain
4. Mr. Abdul Khaliq
All are residents of Yaqoobabad, Boray Wala, Punjab province
Date of incident: 1 November 2012
Place of incident: Yaqoobabad, Boray Wala, Punjab province

I am writing to voice my deep concern regarding the abduction, rape and poisoning to death of a young man by influential persons under the patronage of Boray Wala police, Punjab.

I am shocked to learn that police have still not arrested the rapists and killers two months after the incident. The high officials from the district police are silent on the whole issue and criminally consorting with the perpetrators, as they are from the ruling party of the province.

According to the information I received, in the evening of 1 November 2012, Mr. Aamir Baloch, a 19-year-old tea vender at Yaqoobabad, Boray Wala, Punjab province, was on his way home after work when, suddenly, three people appeared, beat him and took him to an unknown place. At 7.30 pm, a milkseller took him home on his motor bike and told his parents that he was found in an unconscious condition in the mud of a kiln factory at a village, Chak number 435, which was one and a half kilometers far from his house. When his parents asked about his condition, he told him that he didn’t remember what happened and then fell down on the bed.

The next day, in the morning, Aamir remembered and weakly, quietly, narrated the story. He was abducted by a notorious gangster from the area, Ali Arselan Chillar, Mazhar Iqbal (activist of PML-N, the ruling party of Punjab province), Abdul Khaliq (a petty contractor) and Irshad Arain (former councilor from PML-N ticket). They abducted and sexually assaulted him before and throwing him into deep mud. As his condition was deteriorating, he was shifted to Taluqa Head Quarter (THQ) hospital, where he died from poisoning.

On the same day, 2 November, the father of the victim, Akram Baloch, filed an FIR against Chiller, Mazhar Iqbal and Irshad Arain under sections 302 and 337 of the Penal Code for the murder at Saddar police station, Boray Wala. After the registration of the case, the Station House Officer (SHO) of the police station, Mr. Mian Asghar Shah, came to Baloch’s house and tried to use his influence to get him to withdraw the criminal case against the perpetrators and nominate some other persons, saying that the police can provide the names. After Baloch refused to change the names from FIR, the police helped the lawyers of the accused persons to get bail before arrest. The courts usually refuse applications for this but this procedure is possible in Pakistan, and powerful persons often get bail before arrest.

During this period, police avoided providing an official letter for autopsy. After several days, police provided a letter that contained a finding that he was poisoned. The rape kit report has not been given by the hospital, as there was huge pressure from the ruling party.

On the receipt of the report about poisoning, the police were compelled to file another file the cases under section 337 (to cause hurt); and 302 (murder) against the perpetrators Police have taken the perpetrators into “custody” and provided them a separate room as the guests of the police.

I therefore urge you to institute an inquiry into this case of the rape and poisoning of a young man by influential people under the patronage of the police. I also urge the arrest of the perpetrators and the prosecution of the police officials from Saddar police station, Boray Wala, Punjab province. Please also arrange compensation for the bereaved family.

Yours sincerely,

—————-

PLEASE SEND YOUR LETTERS TO:

1. Mr. Asif Ali Zardari
President of Pakistan
President’s Secretariat
Islamabad
PAKISTAN
Tel: +92-51-9204801-9214171
Fax: +92-51-9207458
Email: publicmail@president.gov.pk

2. Mr. Raja Pervez Ashraf
Prime Minister
Prime Minister House
Islamabad
PAKISTAN
Fax: +92 51 922 1596
Tel: +92 51 920 6111
E-mail: secretary@cabinet.gov.pk or pspm@pmsectt.gov.pk

3. Federal Minister for Human Rights
Ministry of Human Rights
Old US Aid building
Ata Turk Avenue
G-5, Islamabad
PAKISTAN
Fax: +92 51 9204108
Email: sarfraz_yousuf@yahoo.com

4. Mr. Makhdoom Ahmed Mehmood
Governor of Punjab
Governor House
Mall Road
Lahore, Punjab
PAKISTAN
Fax: +92 42 99203044
Email: governor.sectt@punjab.gov.pk

5. Mr. Justice Umar Ata Bandial
Chief Justice of Punjab Province
Lahore High Court
Shahra-e-Quaid-e-Azam, Lahore
PAKISTAN
Tel: +92 42 99212951-66
Fax: +92 42 99212279
Email: webmasterlhc@lhc.gov.pk

6. Mr. Shahbaz Shareef
Chief Minister
Government of Punjab
Province
Chief Minister
Secretariat
5-Club Road
GOR-I, Lahore, Punjab
PAKISTAN
Fax: +92 42 99205065
Email: cmcomplaintcell@cmpunjab.gov.pk

7. Dr. Faqir Hussain
Registrar
Supreme Court of Pakistan
Constitution Avenue, Islamabad
PAKISTAN
Fax: +92 51 9213452
Email: mail@supremecourt.gov.pk

8. Mr. Rana Sana Ullah
Minister of Law
Government of Punjab
Punjab Secretariat
Ravi Road
Lahore, Punjab
PAKISTAN
Fax: +92 42 99212004
E-mail: law@punjab.gov.pk

9. Inspector-General of Police, Punjab
Police Head Office, Lahore, Punjab province
PAKISTAN
Fax: +92 42 9921006

Thank you.

Urgent Appeals Programme 
Asian Human Rights Commission (ua@ahrc.asia)