PAKISTAN: Government ignores investigations in the case of death of a young labourer by police torture

ASIAN HUMAN RIGHTS COMMISSION - URGENT APPEALS PROGRAMME

Urgent Appeal Case: AHRC-UAC-014-2013
ISSUES: Arbitrary arrest & detention, Extrajudicial killings, Impunity, Judicial system, Torture,

Dear friends,

The Asian Human Rights Commission (AHRC) has received information that the government has not made any progress in the case of the death of a young man in police custody. The police attempted to throw the dead body at a garbage center but the people saw this and shouted for help. The police then immediately shifted the body to a hospital and ran away. The provincial government and police promised to conduct an independent inquiry but many days no inquiry has been initiated and the suspended police officials are using their pressure on the family members of the victim who belong to a poor family, to withdraw the case of killing in police custody and turn the case into suicidal death. The police official, who has arrested the victim, is at large but he is in close contact with his friends in the police station. The torture victim died after being hung upside down for many hours during which he was tortured severely.

CASE NARRATIVE:

Mr. Khalid Shahzad son of Ashiq, 25 years, by profession a decorator (doing white wash on daily wages) was arrested along with other seven persons on 20 January 2013 from Gulberg Chwrangi, Federal B’ Area, Karachi. These people have to gather at this place to find jobs and from there they get their clients. The police officials from Manghopir police station were passing from the road and sought bribes for doing business on the roadside. When the labourers have shown their inability to pay amount all of them were taken to the police station at Manghopir, 12 kilometers away from the place of arrest. According to law, even, police law and court procedures, if a person is arrested from the jurisdiction of other police station the police have to take permission from the concerned police station. This law was totally ignored.

A deal was settled at the police station and four persons were released after getting bail. The victim, Khalid Shahzad, was hanged upside down and was beaten before remaining three persons to pressure them to pay the required amount. He died next day early in the morning in hanging position as has not taken food whole day because of no amount with him.

Early in the morning of 21 January at 5AM, the police tried to dump the body at a garbage place but the people who collect garbage for recycling saw them and protesting which compelled the police to take the body to the hospital. The people from nearby came out after knowing about the incident and held their protest and blocked the main road. They also burned the passing vehicles which attracted the media to reach the spot. Police first denied but later on claimed that the victim committed suicide by hanging himself. After some time, police came out with a statement that he jumped from the roof top of the police station. However police have not explained that how the victim managed to go on roof top.

People of the vicinity continued their protest. At the end the Deputy Inspector General of police (DIG) of district west intervened and after finding the facts suspended the Station House Officer (SHO) of Manghopir police station, inspector Nasir Mehmood from the post of SHO and arrested Assistant Sub Inspector (ASI) Anwar and Constable Pervez. But the police official Javed ran away who is still at large. The DIG has also announced the free and fair inquiry on the incident by Deputy Superintendent of Police (DSP). But no inquiry has still initiated. The same announcement was made by the provincial government of Sindh.

According to the autopsy report he was died of torture, there were torture marks on the body, his left jaw was broken, there were marks of wounds on different parts and blood was oozing from his mouth.

The case has now been shifted to Pirabad police station for further action but no action has been started from new police station. The victim has shifted from Larkana city three years ago and was father of three.

ADDITIONAL INFORMATION:

The torture in custody is rampant in Pakistan. Because of the absence law against the torture, therefore, no police official or persons from law enforcement has been punished under the law. The perpetrators get impunity through the law. The method of torture in custody is used to get confessional statements or for the extortion. Every police station is running torture cells in private houses also.

The torture has been treated as the best method to get information. The Pakistan Army is running more than 52 torture centers, Pakistan Navy and Air force are also running their torture cells which AHRC has documented through various interventions.

The incumbent President of Pakistan, Mr. Asif Zardari, was also tortured in 1998 but still the perpetrators are at large. The government of Zardari has ratified UN Convention against Torture (UN CAT) in 2010 but still failed to introduce a legislation to criminalise torture in the law.

SUGGESTED ACTION:
Please write the letter to the following authorities calling them to initiate a high power inquiry in the death of a young labourer in the police custody by severe torture. Please urge them that all the police officials who were involved in torture and death must be prosecuted under the crime of murder and also those officials who are delaying to conduct proper inquiry and using delaying tactics to protect their police officials. Also demand for the compensation to the family of the victim who are not having any person to run the 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: No legal process has been adopted by the government in the case of death by torture in police custody

Name of victim:
Mr. Khalid Shahzad, 25, son of Ashiq Hussain, a daily wage earner labourer, resident of Mianwali Colony, Maghopir, district West, Karachi, Sindh province

Names of alleged perpetrators:
1. Inspector Nasir Mehmood, suspended Station House Officer (SHO), Manghopir police station, district West, Karachi
2. Assistant Sub Inspector Anwar of Manghopir police station, Karachi
3. Police constable Javed of Manghopir police station, Karachi
4. Police Constable Pervez, Manghopir police station, Karachi

Date of incident: 20 January 2013
Place of incident: Manghopir police station, district West, Karachi

I am writing to voice my deep concern regarding the death of a young labourer, Khalid Shahzad, 25, by police torture at Manghopir police station where he along with seven other daily wage earners labourers were kept illegally to get extortion. The government of Sindh province has provided impunity to the perpetrators by ignoring investigation.

I am shocked to know that the victim, Khalid Shahzad, and other seven daily wages earners, were taken in custody by the Manghopir police station from the jurisdiction of another police station, the Gulberg Police station, 12 kilometer from the original police station with out permission of other police station, but government and Sindh police have ignored and given clean chit to the police to arrest any person from any place by over passing the law.

I am informed that Mr. Khalid Shahzad son of Ashiq, 25 years, by profession a decorator (doing white wash at the hoses on daily wages) was arrested along with other seven persons on 20 January 2013 from Gulberg Chwrangi, Federal B’ Area, Karachi. These people have to gather at this place for want of job and from where they get their clients. The police officials from Manghopir police station were passing from the road and after finding those sitting policemen asked them to pay huge amount for doing business on the roadside. When the labourers have shown their inability to pay amount all of them were took by police and lodge illegally at Manghopir police station, 12 kilometers away from the place of arrest. According to law, even, police law and court procedures, if a person is arrested from the jurisdiction of other police station the police have to take permission from the concerned police station. This law was totally ignored.

For the implementing its illegal acts a deal was settled at the police station and four persons were released after getting bail. The victim, Khalid Shahzad, was hanged upside down and was beaten before remaining three persons to pressure them to pay the required amount. He died next day early in the morning in hanging position as has not taken food whole day because of no amount with him.

Further to my information, early in the morning of 21 January at 5AM, police tried to dump the body at a garbage place but the people who collect garbage for recycling saw the scene of dumping body and shouted loudly which compelled the police to take body to hospital. The people from the nearby came out after knowing about the incident and held their protest and blocked the main road. They also burned the passing vehicles which attracted the media to reach the spot. Police first denied but later on have to accept it as the victim has committed suicide by hanging himself. After some time, police came out with a statement that he jumped from the roof top of the police station. However police have not explained that how the victim managed to go on roof top.

People of the vicinity continued their protest. At the end the Deputy Inspector General of police (DIG) of district west intervened and after finding the facts suspended the Station House Officer (SHO) of Manghopir police station, inspector Nasir Mehmood from the post of SHO and arrested Assistant Sub Inspector (ASI) Anwar and Constable Pervez. But the police official Javed ran away who is still at large. The DIG has also announced the free and fair inquiry on the incident by Deputy Superintendent of Police (DSP). But no inquiry has still initiated. The same announcement was made by the provincial government of Sindh.

According to autopsy report he was died of torture, there were torture marks on the body, left jaw was broken, there were marks of wounds on different parts and blood was oozing from his mouth.
The case has now been shifted to Pirabad police station for further action but no action has been started from new police station. The victim has shifted from Larkana city three years ago and was father of there.

I emphasise here that when government has ratified the UN International Covenant on Civil and Political Rights (ICCPR) and UN Convention against Torture (UN CAT) in 2010, therefore it is the obligation on the government to criminalise torture. I hope that your good offices will strive for making legislation against torture.

I therefore urge you to initiate a high powered inquiry in the death of a young labourer in the police custody by severe torture. I also urge you that all the police officials who were involved in torture and death must be prosecuted under the crime of murder and also those officials who are delaying to conduct proper inquiry and using delaying tactics to protect their police officials. Also pay the compensation to the family of the victim who are not having any person to run the family.

Yours sincerely,

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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. Syed Qaim Ali Shah
Chief Minister
Karachi, Sindh Province
PAKISTAN
Fax: +92 21 920 2000
E-mail: pppsindh@yahoo.com

4. 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: sarfaraz_yousuf@yahoo.com

5. Chief Justice of Sindh High Court
High Court Building
Saddar, Karachi
Sindh Province
PAKISTAN
Fax: +92 21 9213220
E-mail: info@sindhhighcourt.gov.pk

6. Minister for Human Rights
Government of Sindh
Pakistan secretariat, Barrack 92,
Karachi, Sindh Province
PAKISTAN
Fax: +92 21 9207044
Tel: +92 21 9207043
E-mail: lukshmil@yahoo.com

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

8. Inspector General of Police
Police Head office, I. I. Chundrigar Road
Karachi, Sindh Province
PAKISTAN
Fax: +92 21 9212051
E-mail: ppo.sindh@sindhpolice.gov.pk

Thank you.

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

Document Type : Urgent Appeal Case
Document ID : AHRC-UAC-014-2013
Countries : Pakistan,
Issues : Arbitrary arrest & detention, Extrajudicial killings, Impunity, Judicial system, Torture,