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PAKISTAN: A human rights defender faces death threats from retired army men for facilitating a love marriage of choice

January 20, 2010

ASIAN HUMAN RIGHTS COMMISSION – URGENT APPEALS PROGRAMME

Urgent Appeal Case: AHRC-UAC-003-2010



20 January 2009
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PAKISTAN: A human rights defender faces death threats from retired army men for facilitating a love marriage of choice

ISSUES: Human rights defender, women’s rights, death threats, misuse of power
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Dear friends,

The Asian Human Rights Commission (AHRC) has received information that a human rights defender is under death threats from retired army men for arranging a love marriage for a girl from a higher caste with a person from a lower caste. The police of the area could not provide security for the couple and the human rights activist because of the involvement of retired army officials. The family members of the upper caste group had already announced that the three persons are liable to be killed in the name of honour. This would be carried out as a right in order to discourage the girls to marriage on their own choice. Furthermore, the house of the mother of the bride is under siege by her uncles and armed men.  She cannot leave her house and is under continuous threat.

CASE DETAILS:

Miss Shabiran Naz, 22, daughter of Ustad Rukhsar, is a resident of Tehsil Kahota, Rawalpindi district, belonging to the Sudan tribe, an upper caste of Pakistani Kashmir. She has been in love for the past one year with Afzaal 22, son of Haji Mohammad Rafiq, a shop keeper who sells shoes. He belongs to the Gakhar caste which is regarded as a low caste in the Sudan tribe. Miss Naz’s father died and he willed property to her amounting to millions of Rupees. Her grandfather, Mr. Razzaq Inquilabi, chairperson of the Human Rights Association of Azad Kashmir, was aware of the love between the two people.

On 3 January 2010, Mr. Razzak Inquilabi facilitated the marriage of Shabrian Naz and Afzaal by registering it before the Magistrate's Civil Court at Tehsil Kahota. This action infuriated the family of Miss Shabiran Naz. The paternal and maternal uncles of Miss Naz sought the help of some retired army men, namely Subedar Sardar Habib, son of Mr. Mohammad Azam, Subedar Anwar Khan, and Commander Khalid Ahmed. They run a gang of unscrupulous persons.

On January 11, a Jirga, an illegal court run by powerful persons, was held. Naz's eldest uncle presided. He decided that if the girl was not returned to her family by January 20, 2010 then she and her husband, Mr. Afzaal, were to be killed. The Jirga also decided that Mr. Inquilabi, the grandfather of Miss Naz, also will not be spared as he arranged the marriage which is against the family’s traditions. The couple, along with Mr. Inquilabi, is in hiding in another city but still receiving death threats on their cell phones.

On the same day, late in the evening, Mr. Razzaq Inquilabi was allegedly attacked by Subedar Sardar Habib and other persons. He sustained injuries but was saved by passersby. On January 12, an item was published in some newspapers by the uncles of the bride. They declared that she has no connection with the family. Therefore, she cannot be a share holder in the property left to her by her father. The news item also says that Mr. Inquilabi has no further part in the family. The Subedar Sardar Habib announced in Kahota that if Mr. Inquilabi enters the city, he should be killed. He has caused a bad name to be attached to his Sudan tribe and its traditions.

Mr. Razzaq Inquilabi has filed two complaints in the Kahota police station regarding threats made to him and the couple. Up to this time, no investigation or action has been taken by the police. 

The police gave the excuse that because retired military men are involved, they cannot proceed further. Mr. Inquilabi cannot go to his office as he is under continuous threat. The fundamentalist Muslims of Pakistani-held Kashmir, were unhappy with Mr. Inquilabi’s work on human rights.  Several times he had come under attack from the fundamentalists and this caused him to leave the Kashmir and settle in Kahota, Rawalpindi district. 

SUGGESTED ACTION:

Please write letters to the authorities to provide protection to Mr. Razzaq Inquilabi, the human rights defender, and the couple, from death threats by retired army men and family members of the bride. Please also urge the authorities to take action against the police for not following up on their legal responsibilities.

The AHRC wrote a separate letter to the UN special rapporteurs on the Question of human rights defenders and violence against women, calling for their intervention in this case.

To support this appeal, please click here:

SAMPLE LETTER:

Dear __________,

PAKISTAN: A human rights defender faces death threats from retired army men for facilitating a love marriage

Name of victims:
1. Mr. Razzaq Inquilabi, 65,
Chairperson, Human Rights Association, Azad Kashmir,
Resident of 494/A, Azad Kashmir road, Mohalah Mistri,
Kahota Tehsil, Rawalpindi district, Punjab province-PAKISTAN

2. Miss Shabiran Naz, 22, daughter of Ustad Rukhsar,
Resident of 494/A, Azad Kashmir road, Mohalah Mistri,
Kahota Tehsil, Rawalpindi district, Punjab province-PAKISTAN

3. Mr.Afzaal 22, son of Haji Mohammad Rafiq,
a shop keeper who sells shoes, Kahota Tehsil,
Rawalpindidistrict, Punjab province-PAKISTAN

Name of alleged perpetrators:
1. Subedar Sardar Habib (retired army official), son of Mohammad Azam,
Resident of Mohalla Mistriyan, Thesil Kahota,
District Rawalpindi, Punjab province-PAKISTAN

2. Subedar Anwar Khan (retired), son of Mohammad Taj,
Resident of Mohalla Mistriyan, Thesil Kahota,
District Rawalpindi, Punjab province-PAKISTAN

3. Mr. Wajid Razzaq son of Mohammad Razzaq,
Resident of Mohalla Mistriyan, Thesil Kahota,
District Rawalpindi, Punjab province-PAKISTAN

4. Mohammad Khalid, alias commander Khalid,
Resident of Mohalla Mistriyan, Thesil Kahota,
District Rawalpindi, Punjab province-PAKISTAN

5. Shahraiz Khan,
Resident of Mohalla Mistriyan, Thesil Kahota,
District Rawalpindi, Punjab province-PAKISTAN

6. Mr. Altaf,
Station head officer (SHO),
Kahota police station,
Thesil Kahota,
District Rawalpindi, Punjab province-PAKISTAN

7. Mr. Mohammad Basheer,
Assistant  sub-inspector of police,
Kahota police station,
Thesil Kahota,
District Rawalpindi, Punjab province-PAKISTAN
 
Date of incident: January 3, 2010
Place of incident: Mohala Mistriyan, Kahota, Rawalpindi district

I am writing to voice my deep concern regarding the threats to the life of Mr. Razzaq Inquilabi, chairperson of the Human Rights Association, Azad Kashmir, for arranging a love marriage between persons of two different casts. The perpetrators, former employees of the army and members of a powerful tribe, have allegedly attacked him once in a busy market place in Rawalpindi city.  He escaped with the help of passersby. The perpetrators held a Jirga, an illegal tribal judicial system court. They declared that he and the newly-wed couple were to be killed.

I am shocked to know the details of this which are as follows.  Miss Shabiran Naz, 22, daughter of Ustad Rukhsar, resident of Tehsil Kahota, Rawalpindi district, belongs to the Sudan tribe, an upper caste tribe of Pakistani Kashmir. A year ago she fell in love with Afzaal 22, son of Haji Mohammad Rafiq, a shop keeper who sells shoes and belongs to the lower Gakhar caste. Miss Naz’s father died and left property to her amounting to millions of Rupees. Her grandfather, Mr. Mr. Razzaq Inquilabi, chairperson of the Human Rights Association of Azad Kashmir, was aware of the love between the two people. On January 3, 2010, he facilitated their marriage by registering it before the Magistrate civil court, Tehsil Kahota. This action infuriated Miss Shabiran Naz’s family. The paternal and maternal uncles of Miss Naz sought the help of some retired army men, Subedar Sardar Habib, Suberdar Mohammad Azam, Subedar Anwar Khan, and Commander Khalid Ahmed, who together run a gang of unscrupulous persons.

On January 11, 2010, a Jirga, an illegal court run by powerful persons, was convened.  It was presided over by her eldest uncle.  He decided that if the girl was not returned to her family by January 20, she and her husband, Mr. Afzaal were to be killed. The Jirga also decided that Mr. Inquilabi, the grandfather of Miss Naz, was also to be killed as he arranged the marriage which they said goes against family traditions. The couple, along with Mr. Inquilabi, was in hiding in another city, and was still receiving death threats on their cell phones.

On the same day, late in the evening, Mr. Razzaq Inquilabi was allegedly attacked by Subedar Sardar Habib and other persons. He sustained injuries but was saved by passersby. On January 12, an item was published in some newspapers by the bride’s uncles. They declared that as she has no connection with the family, she is not a shareholder in the property left to her by her father. The article also said that Mr. Inquilabi has no further part in the family. Subedar Sardar Habib announced in Kahota that if Mr. Inquilabi enters the city he also should be killed. He is seen as casting a bad name on his Sudan tribe and its traditions.

It is of great concern to me that the Kahota police have not responded to the two complaints filed by Mr. Razzaq Inquilabi regarding threats made to him and the newly-wed couple. No investigation or other action has been taken by the police. According to them, retired military men are involved so they cannot proceed further.

I urge you to protect the lives of Mr. Razzaq Inquilabi, the grandfather, Mr. Afzal, the groom, and Miss Shabbiran Naz, the bride, who entered into a legal marriage of their choice in the courts of Pakistan. Please also urge the police to take action against the perpetrators mentioned above and prosecute them according to the law.
 
Yours sincerely,

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PLEASE SEND YOUR LETTERS TO:

1. Mr.Syed Mumtaz Alam Gillani
Federal Minister for Human Rights
Ministry of Human Rights
Old US Aid building
Ata Turk Avenue
G-5, Islamabad
PAKISTAN
Fax: +9251-9204108
Email: sarfraz_yousuf@yahoo.com 

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

3. Minister of Law
Government of Punjab
Punjab Secretariat
Ravi Road
Lahore
PAKISTAN
Fax: +92-42-99212004
E-mail: law@punjab.gov.pk 

4. Chief Secretary of Government of Punjab
Punjab Secretariat
Lahore
PAKISTAN
Fax: +92 42 7324489
E-mail: chiefsecy@punjab.gov.pk 

5. Mr. Salman Taseer
Governor of Punjab
Governor House
Mall Road
Lahore
PAKISTAN
Fax: +92 42 99203044
Email: governor.sectt@punjab.gov.pk


Thank you.

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

Document Type :
Urgent Appeal Case
Document ID :
AHRC-UAC-003-2010
Countries :
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Extended Introduction: Urgent Appeals, theory and practice

A need for dialogue

Many people across Asia are frustrated by the widespread lack of respect for human rights in their countries.  Some may be unhappy about the limitations on the freedom of expression or restrictions on privacy, while some are affected by police brutality and military killings.  Many others are frustrated with the absence of rights on labour issues, the environment, gender and the like. 

Yet the expression of this frustration tends to stay firmly in the private sphere.  People complain among friends and family and within their social circles, but often on a low profile basis. This kind of public discourse is not usually an effective measure of the situation in a country because it is so hard to monitor. 

Though the media may cover the issues in a broad manner they rarely broadcast the private fears and anxieties of the average person.  And along with censorship – a common blight in Asia – there is also often a conscious attempt in the media to reflect a positive or at least sober mood at home, where expressions of domestic malcontent are discouraged as unfashionably unpatriotic. Talking about issues like torture is rarely encouraged in the public realm.

There may also be unwritten, possibly unconscious social taboos that stop the public reflection of private grievances.  Where authoritarian control is tight, sophisticated strategies are put into play by equally sophisticated media practices to keep complaints out of the public space, sometimes very subtly.  In other places an inner consensus is influenced by the privileged section of a society, which can control social expression of those less fortunate.  Moral and ethical qualms can also be an obstacle.

In this way, causes for complaint go unaddressed, un-discussed and unresolved and oppression in its many forms, self perpetuates.  For any action to arise out of private frustration, people need ways to get these issues into the public sphere.

Changing society

In the past bridging this gap was a formidable task; it relied on channels of public expression that required money and were therefore controlled by investors.  Printing presses were expensive, which blocked the gate to expression to anyone without money.  Except in times of revolution the media in Asia has tended to serve the well-off and sideline or misrepresent the poor.

Still, thanks to the IT revolution it is now possible to communicate with large audiences at little cost.  In this situation there is a real avenue for taking issues from private to public, regardless of the class or caste of the individual.

Practical action

The AHRC Urgent Appeals system was created to give a voice to those affected by human rights violations, and by doing so, to create a network of support and open avenues for action.  If X’s freedom of expression is denied, if Y is tortured by someone in power or if Z finds his or her labour rights abused, the incident can be swiftly and effectively broadcast and dealt with. The resulting solidarity can lead to action, resolution and change. And as more people understand their rights and follow suit, as the human rights consciousness grows, change happens faster. The Internet has become one of the human rights community’s most powerful tools.   

At the core of the Urgent Appeals Program is the recording of human rights violations at a grass roots level with objectivity, sympathy and competence. Our information is firstly gathered on the ground, close to the victim of the violation, and is then broadcast by a team of advocates, who can apply decades of experience in the field and a working knowledge of the international human rights arena. The flow of information – due to domestic restrictions – often goes from the source and out to the international community via our program, which then builds a pressure for action that steadily makes its way back to the source through his or her own government.   However these cases in bulk create a narrative – and this is most important aspect of our program. As noted by Sri Lankan human rights lawyer and director of the Asian Human Rights Commission, Basil Fernando:

"The urgent appeal introduces narrative as the driving force for social change. This idea was well expressed in the film Amistad, regarding the issue of slavery. The old man in the film, former president and lawyer, states that to resolve this historical problem it is very essential to know the narrative of the people. It was on this basis that a court case is conducted later. The AHRC establishes the narrative of human rights violations through the urgent appeals. If the narrative is right, the organisation will be doing all right."

Patterns start to emerge as violations are documented across the continent, allowing us to take a more authoritative, systemic response, and to pinpoint the systems within each country that are breaking down. This way we are able to discover and explain why and how violations take place, and how they can most effectively be addressed. On this path, larger audiences have opened up to us and become involved: international NGOs and think tanks, national human rights commissions and United Nations bodies.  The program and its coordinators have become a well-used tool for the international media and for human rights education programs. All this helps pave the way for radical reforms to improve, protect and to promote human rights in the region.