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PAKISTAN: Urgent protection needed for the suvivors of love marriage-related murders; police refuse to investigate

March 5, 2010

ASIAN HUMAN RIGHTS COMMISSION – URGENT APPEALS PROGRAMME

Urgent Appeal Case: AHRC-UAC-024-2010



5 March 2010
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PAKISTAN: Urgent protection needed for the suvivors of love marriage-related murders; police refuse to investigate

ISSUES: Violence against women; impunity; police negligence; rule of law
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Dear friends,

The Asian Human Rights Commission has learned that authorities in North West Frontier province have taken no action to arrange urgently-needed protection for a man, his sister-in-law and her young son; all are in immediate danger of being murdered as a response to a love marriage, and three murders have already taken place. The groom and two of his brothers have all been systematically killed, yet despite evidence identifying the two men responsible, no reports to the police have been investigated in any way. The remaining brother has now been warned that he will be killed unless he gives up the whereabouts of the bride and her young son. This case, and the refusal of police to act on it, has been ongoing since 2006.

CASE DETAILS:

According to information provided by the family of the victims and the Star Welfare Organisation, Ms. Gohar Taj was severely beaten by her brothers and taken to a remote part of the province in 2006 when she told her family that she wished to marry Fazal Subhan. Even so, the two went ahead with a court marriage on 13 December 2006 and had a child.

Since then a member of Fazal's family has been murdered every year, coinciding with the annual return of Gohar's younger brother Israel, who works in Dubai. The murders were preceded with threats from him and his elder brother Ismail.

On September 17, 2007 Mr. Said ur Reman, a brother of the groom, was threatened and killed; a murder case was lodged at Akbarpura police station through First Information Report no.173/2007. No investigative action was taken. On December 4, 2008, shortly before Israel's return to Dubai from Pakistan the groom, Fazal, was found murdered. A murder case was lodged with the same police station, FIR no. 239/ 08; no investigation was launched. The groom's third brother, Sarwar Khan, was murdered just three months ago on 29 December 2009 during another visit from the suspected perpetrator. The FIR no. 513/09 was again lodged with the Akbarpura police, with no follow up action taken. All three were reportedly murdered within 100m of the police station.

The AHRC has been informed that the bride herself, who has a young son, has escaped kidnap attempts by the brothers, who have told her of their intention to kill her; however complaints to the local police were not taken up to any degree. We have learned that Israel is now in Pakistan again and has already sent a message to the groom’s family demanding that they hand over Ms. Gohar or their last surviving son, Abdul Haleem Khan, will also be killed. The victims are again receiving no protection or response from the authorities.

Complaints and pleas have been written to offcials at various district levels, among them the district police officer (DPO), about the lack of action being taken at Akbapura police station under Station Head Officer Mr. Jehan Zeb Khan. We have learned that this officer was once transferred from his post but returned to it approximately two months later. We are also told that Ismail and Israel have an extensive criminal reputation in the area, and that local residents accuse them of collaboration with the local police. The information above would strongly indicate that this is so.

The AHRC would like to express its shock and disbelief at the state of a system that allows the systematic elimination of a family over five years to go unaddressed in any way. Immediate accountability must be accepted from a provincial government that has allowed such an erosion of the rule of law, police procedure and governmental authority in this district, to the clear and brutal detriment of its civilians. In any marginally functional system there are checks and balances that allow victims of violations to find protection or redress at some level. In Akbapura, NWFP, it appears that there is nothing.
A high level investigation must be immediately launched into how such a lawless vacuum has been able to form in this area despite the presence of persons claiming to enforce the law. All those in positions of responsibility in this area must be investigated and held to legal account in strong and transparent criminal proceedings; the suspected murderers themselves must be immediately investigated and charged, and their surviving victims provided with protection.

It is extremely clear that not enough attention or political will is being given to police corruption and negligence in Pakistan, particularly when it comes to protecting women who face violence for choosing their marriage partner. This indifference is unforgivable and it is doing untold damage. For further such cases documented recently by the AHRC please refer to UAC-003-2010, UAC-120-2009 and UAC-182-2008 and or to our urgent appeal archive using keywords 'Pakistan' and 'love marriage'.

SUGGESTED ACTION:

Please write to the authorities listing below urging an immediate and effective response, starting with the highest level of protection and support for all those under threat. Those clearly shown to be involved in the murders – and in the protection of the murderers – must be arrested and remanded while they face a criminal trial, in which the strongest penalties must be imposed by a competent criminal court.

The AHRC has written a separate letter to UN special rapporteur on the elimination of violence against women, requesting their intervention into this case.

To support this appeal please click here:

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SAMPLE LETTER:

Dear __________,

PAKISTAN: Urgent protection needed for the suvivors of love marriage-related murders; police refuse to investigate

Name of victims:
1. Ms. Gohar Taj
2. Abdul Haleem Khan
3. Mr. Said ur Reman (deceased)
4. Sarwar Khan (deceased)
5. Fazal Subhan (deceased)
All resident of Akbarpura, Zakhi Miana, Nowshera district, North West Frontier province

Name of alleged perpetrators:
1. Mr. Ismail, son of Badshah Gul; resident of Akbarpura, Zakhi Miana, Nowshera district
North West Frontier province.
2. Mr. Israel, son of Badshah Gul; resident of Akbarpura, Zakhi Miana,
Nowshera district, North West Frontier province; working in Dubai
3. Inspector Jehan Zeb Khan, Station Head Officer (SHO) of Akbarpura police Station,
Akbarpura, Zakhi Miana, Nowshera district, North West Frontier province

Date of incident: From December 2006 to present
Place of incident: Akbarpura, Zakhi Miana, Nowshera district, North West Frontier province

I am writing to express my horror and disbelief at the lack of action taken by the authorities in the North Western Frontier Pronvince, to protect a man, his sister-in-law and her young son; all are in immediate danger of being murdered as a response to a love marriage, and three murders have already taken place.

According to information I have received, Ms. Gohar Taj married Mr. Fazal Subhan in court on 13 December 2006 of her own free will, despite being badly beaten by her brothers, who opposed her choice. The couple later had a child.

Since then a member of the groom's family has been murdered every year, coinciding with the annual return of Ms. Gohar's younger brother Israel, who works in Dubai. The murders were preceded with threats from him and his elder brother Ismail, and have each reportedly occurred within 100m from the local police station.

On September 17, 2007 Mr. Said ur Reman, a brother of the groom, was threatened and killed; a murder case was lodged at Akbarpura police station through First Information Report no.173/2007. No investigative action was taken. On December 4, 2008, shortly before Israel's return to Dubai from Pakistan the groom, Fazal, was found murdered. A murder case was lodged with the same police station, FIR no. 239/ 08; no investigation was launched. The groom's third brother, Sarwar, was murdered just three months ago on 29 December 2009 during another visit from the suspected perpetrator. The FIR no. 513/09 was again lodged with the Akbarpura police, with no follow up action taken.

I am informed that the bride herself has escaped kidnap attempts by the brothers, who have told her of their intention to kill her; however complaints to the local police were not taken up to any degree. I now hear that Israel is in Pakistan and has already sent a message to the groom’s family demanding that they hand over Ms. Gohar or their last surviving son will also be killed. The victims are again receiving no protection or response from the authorities; access to their country's legal system is being systematically and brutally denied them.

Complaints and pleas have been written to police officers at various district levels, among them the district police officer (DPO), about the lack of action being taken at Akbapura police station under Station Head Officer Mr. Jehan Zeb Khan. I understand that this officer was once transferred from his post, but returned to it approximately two months later. I am also told that Ismail and Israel have an extensive criminal reputation in the area, and that local residents accuse them of collaboration with the local police. The information above would strongly indicate that this is so.

I am deeply concerned at the state of a system that allows the systematic elimination of a family over five years to go unaddressed in any way. Immediate accountability must be accepted from a provincial government that has allowed such an erosion of the rule of law, police procedure and governmental authority in this district. In any marginally functional system there are checks and balances that allow victims of violations to find protection or redress at some level. In Akbapura, NWFP, it appears that there is nothing.

An immediate and effective response is required, starting with the highest level of protection and support for all those under threat in this incident. Those clearly shown to be involved in the murders must be arrested and remanded while they face a criminal trial, in which the strongest penalties must be imposed by a competent criminal court.

Furthermore a high level investigation must be immediately launched into how such a lawless vacuum has been able to form in this area despite the presence of persons claiming to enforce the law. All those in positions of responsibility in this area must be investigated and held to legal account.

It is extremely clear that not enough attention or political will is being given to police corruption and negligence in Pakistan, particularly when it comes to women who face violence for choosing their marriage partner. This indifference is unforgivable and it is doing untold damage.

Yours sincerely,

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PLEASE SEND YOUR LETTERS TO:

1. Mr. Ameer Haider Khan Hoti,
Chief Minister
Government of North West Frontier Province
Peshawar-PAKISTAN
Phone numbers: +92-919213574 – 9211719
FAX number: +92-91-9210707
Email:manager@nwfp.gov.pk

2. Mr. Rehman Malik
Minister of Interior
Room No. 404, 4th Floor, R Block,
Pak Secretariat
Islamabad
PAKISTAN
Fax: +92 51 920 2624
Tel: +92 51 9921 2026
E-mail: minister@interior.gov.pk

3. Dr, Babar Awan,
Minister of Law, Justice and Human Rights
S Block Pakistan Secretariat
Islamabad -PAKISTAN
Fax: +92 51 9920 2628
E-mail: minister@molaw.gov.pk or naelaw786@hotmail.com

4. Mr. Basheer Ahmed Bilor
Senior minister
Government of North West Frontier Province
Peshawar
Pakistan
Fax: +92 91 921 2533
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Thank you.

Urgent Appeals Programme
Asian Human Rights Commission (ua@ahrchk.org)

Document Type :
Urgent Appeal Case
Document ID :
AHRC-UAC-024-2010
Countries :
Issues :
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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.