PAKISTAN: Hindu youth arrested by Rangers must be produced in court

ASIAN HUMAN RIGHTS COMMISSION - URGENT APPEALS PROGRAMME

Urgent Appeal Case: AHRC-UAC-025-2015
ISSUES: Arbitrary arrest & detention, Enforced disappearances and abductions, Impunity, Rule of law, Torture,

Dear Friends,

The Asian Human Rights Commission (AHRC) has received information regarding the disappearance of Mr. Sajan Avinash, a young man belonging to the Hindu faith. Sajan has gone missing following his arrest by a contingent of Pakistan Rangers, who raided his house in the early hours of March 28 2015. The reasons for his arrest were not mentioned at the time of the raid. The Human Rights Commission of Pakistan (HRCP) has written a letter to the Director General of Pakistan Rangers about the abduction of Sajan and his recovery but no reply has been communicated to the HRCP. The Office of the Chief Minister of Sindh Province, the Helpline 115, and police have affirmed that Sajan will be released, however the Rangers have not released him to date and are not even confirming Sajan victim is in their custody. Sajan’s family fear he is being tortured in custody to make him confess his affiliation with MQM, the political party against whom Pakistan Rangers are conducting an operation, having recently arrested many alleged target killers and extortionists. Rangers have been extracting confessional statements and releasing them in the electronic media, bypassing the judicial process of presenting evidence in court.

CASE NARRATIVE:

According to information received from the Pakistan Human Rights Commission (HRCP) and the family members of Sajan Avinash, at around 3 a.m. on 28 March 2015, a contingent of Pakistan Rangers, consisting of more than 50 to 60 soldiers and officers raided the house of a Hindu woman, Ms. Bina, who works at Mehran Clinic Shanti Nagar, Gulshan-e-Iqbal, Karachi, as a para-medical staff. The officers asked after her brother Sajan Avinash. 

Bina told them Sajan does not live with her. A Rangers’ officer asked her to take them to Sajan’s house. Nearly a dozen masked soldiers followed her while the rest of the contingent cordoned off the streets and the entrance to Shanti Nagar, a residential area favoured by religious minority groups such as Hindu and Christians. Bina took them to the house of her sister, Ms. Slochna, where Sajan Avinash resides. They searched the house and using a photograph of Sajan in theur possession they arrested him, and also took his cell phone and national identity card. 

The Rangers told his family members not to follow them otherwise they would face dire consequences. Sajan was blindfolded and placed inside a Rangers vehicle, which was followed by several other vehicles. Since then, his whereabouts are unknown. 

The police have refused to file case, saying the said person is not in the custody of police, and that he is in custody of Rangers and will be released after 24 hours of arrest. 

Sajan’s elder brother, Mr. Hari Das, who runs the NGO Up Grade Minority for Integrated Development (UMID), along with his sister, visited the office of 115 Helpline, an official organization run by the daughter of the Chief Minister of Sindh to try and recover his brother. The head of the 115 Helpline, Ms. Shabana Jillani, spoke to Colonel Tahir of Pakistan Rangers, who is heading the operation against target killers and extortionists. The Colonel confirmed to Ms. Jillani that the victim is in Ranger’s custody and that he is cleared of all suspicion and would be released after some time. 

Another elder brother to Sajan, Mr. Shanker Lal, who works for the English daily The Dawn, has contacted the media cell of the Chief Minister, who confirmed that Rangers have no case against the victim and that Sajan will be released soon. 

The Vice President of the Human Rights Commission, Mr. Asad Iqbal Butt, has also written a letter to the Director General of Pakistan Rangers, Sindh Province, on the day following the arrest, but there has been no reply yet. 

ADDITIONAL INFORMATION:

Sajin Avinash, is a chef in a famous restaurant and has completed one year’s course in culinary arts from Malaysia. The police officers at Aziz Bhatti Police Station told the victim’s family that he might have been arrested on the suspicion of having ties with workers of MQM, a political group, against which the Rangers are conducting operation. However the workers of MQM, with whom Sajan is alleged to have ties, have already been exonerated from all charges by the Central Investigation Agency (CIA) two years ago, following their 15 day illegal detention.

The federal government with the help of Sindh provincial government has initiated an operation in Karachi to control the anarchic law and order situation, marked by the incidents of target killings, extortions, and inability of the police to control crime. The Pakistan Rangers have been assigned the responsibility of conducting this operation. Since the operation began last year, more than 350 persons have been extrajudicially killed in alleged encounters during the arrests. No enquiry has ever been conducted to examine such killings by law enforcement agents in Pakistan. 

Under the draconian Protection of Pakistan Act 214, law enforcement agencies in Pakistan, including the Pakistan Army and the Pakistan Rangers, have been given arbitrary powers to control terrorism. The law also empowers law enforcement agencies to conduct a raid anywhere without search warrants. They can shoot a suspect on sight, keep suspects in custody for 90 days for further investigation, and even select the cases to be tried before a military court. Recently, through a constitutional amendment, the Army has been authorized to form military courts for summary trials against any suspect, who is then termed guilty until proven innocent.

SUGGESTED ACTION:

Please write the letters to the following authorities calling upon them to ensure the safe and secure recovery of Sajan Avinash, son of Mohan Lal, from the illegal detention of Pakistan Rangers, Karachi. Please also urge them to prosecute the responsible officials of the Rangers for arresting persons illegally, not allowing suspects to meet with lawyers or family members, not producing them before a court of law, and causing their disappearance. 

The AHRC is writing a separate letter to the Chairperson of the Working Group on Enforced or Involuntary Disappearances (WGEID) calling for his intervention into this matter.

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

SAMPLE LETTER

Dear ………………..,

PAKISTAN: Hindu youth arrested by Rangers must be produced in court

Name of victim: Mr. Sajan Avinash, son of Mohan Lal Avinash, resident of S/117, Jamali Chowk, Shanti Nagar, Gulshan-e-Iqbal, Karachi, Sindh
Names of alleged perpetrators: Pakistan Rangers (Sindh), Jinnah Courts, Dr. Ziauddin Ahmed Road, Karachi 
Date of incident: March 28, 2015 to Present
Place of incident: Shanti Nagar, Gulshan-e-Iqbal, Karachi, Sindh

I am writing to voice my deep concern regarding the arbitrary arrest and disappearance of Mr. Sajan Avinash, a Hindu by faith. He was arrested from his residence on March 28 and since then his whereabouts. 

According to information I have received that Mr. Sajan Avinash 34,at around 3 a.m. on 28 March 2015, a contingent of Pakistan Rangers, consisting of more than 50 to 60 soldiers and officers raided the house of a Hindu woman, Ms. Bina, who works at Mehran Clinic Shanti Nagar, Gulshan-e-Iqbal, Karachi, as a para-medical staff. The officers asked after her brother Sajan Avinash. 

It is shocking that Pakistan Rangers take the women of the victims for the search of suspect. The  Rangers’ officials asked her to take them to Sajan’s house. Nearly a dozen masked soldiers followed her while the rest of the contingent cordoned off the streets and the entrance to Shanti Nagar, a residential area favoured by religious minority groups such as Hindu and Christians. Bina took them to the house of her sister, Ms. Slochna, where Sajan Avinash resides. They searched the house and using a photograph of Sajan in theur possession they arrested him, and also took his cell phone and national identity card. 

The Rangers told his family members not to follow them otherwise they would face dire consequences. Sajan was blindfolded and placed inside a Rangers vehicle, which was followed by several other vehicles. Since then, his whereabouts are unknown. 

The strange thing for me is that the police have refused to file case, saying the said person is not in the custody of police, and that he is in custody of Rangers and will be released after 24 hours of arrest. 

Sajan’s elder brother, Mr. Hari Das, who runs the NGO Up Grade Minority for Integrated Development (UMID), along with his sister, visited the office of 115 Helpline, an official organization run by the daughter of the Chief Minister of Sindh to try and recover his brother. The head of the 115 Helpline, Ms. Shabana Jillani, spoke to Colonel Tahir of Pakistan Rangers, who is heading the operation against target killers and extortionists. The Colonel confirmed to Ms. Jillani that the victim is in Ranger’s custody and that he is cleared of all suspicion and would be released after some time. 

Another elder brother to Sajan, Mr. Shanker Lal, who works for the English daily The Dawn, has contacted the media cell of the Chief Minister, who confirmed that Rangers have no case against the victim and that Sajan will be released soon. 

The Vice President of the Human Rights Commission, Mr. Asad Iqbal Butt, has also written a letter to the Director General of Pakistan Rangers, Sindh Province, on the day following the arrest, but there has been no reply yet. 

I was informed that Sajin Avinash, is a chef in a famous restaurant and has completed one year’s course in culinary arts from Malaysia. The police officers at Aziz Bhatti Police Station told the victim’s family that he might have been arrested on the suspicion of having ties with workers of MQM, a political group, against which the Rangers are conducting operation. However the workers of MQM, with whom Sajan is alleged to have ties, have already been exonerated from all charges by the Central Investigation Agency (CIA) two years ago, following their 15 day illegal detention.

Under the draconian Protection of Pakistan Act 214, law enforcement agencies in Pakistan, including the Pakistan Army and the Pakistan Rangers, have been given arbitrary powers to control terrorism. The law also empowers law enforcement agencies to conduct a raid anywhere without search warrants. They can shoot a suspect on sight, keep suspects in custody for 90 days for further investigation, and even select the cases to be tried before a military court. Recently, through a constitutional amendment, the Army has been authorized to form military courts for summary trials against any suspect, who is then termed guilty until proven innocent.

I therefore urge you to take legal action against the Rangers officer for the disappearance of the Sajan after keeping him in illegal detention and misusing the power of the state. The victim should be immediately released as there is not an iota of evidence against him.  I also urge you to ensure the safe recovery of the victim from the custody of rangers who are targeting innocent victim and recording fake confessions for crimes they have not committed.

Yours sincerely,

……………….
PLEASE SEND YOUR LETTERS TO:

1. Mr. Mian Nawaz Sharif
Prime Minister
Prime Minister House
Islamabad
PAKISTAN
Fax: +92 51 922 1596
Tel: +92 51 920 6111+92 51 920 6111
E-mail: secretary@cabinet.gov.pk, pspm@pmsectt.gov.pk 

2. Mr. Syed Qaim Ali Shah
Chief Minister of Sindh
The Government of Sindh Province 
Karachi, Sindh Province
PAKISTAN
Fax: +92 21 920 2000
Email: pressecy@cmsindh.gov.pk

3. Mr. Chaudhry Nisar Ali Khan
Minister 
Ministry of Interior of Pakistan
R Block, Pak Secretariat
Islamabad 
PAKISTAN
Tel: +92 51 9212026+92 51 9212026
Fax: +92 51 9202624
Email: interior.complaintcell@gmail.com, ministry.interior@gmail.com

4. Mr. Pervez Rashid 
Minister
Ministry of Law, Justice and Human Rights of Pakistan
Old US Aid building
Ata Turk Avenue
G-5, Islamabad
PAKISTAN
Fax: +92 51 9204108
Email: contact@molaw.gov.pk

5. Mr. Tahir Shahbaz
Registrar
Supreme Court of Pakistan
Constitution Avenue, Islamabad
PAKISTAN
Fax: +92 51 9213452
Email: mail@supremecourt.gov.pk

6. Chief Justice of Sindh High Court
High Court Building
Saddar, Karachi
Sindh Province
PAKISTAN
Fax: +92 21 9213220

7. Major General Bilal Akbar
Director General Pakistan Ranjers (Sindh)
Jinnah Courts, Dr. Ziauddin Ahmed Road, Karachi, Sindh
PAKISTAN
Tel: Helpline No: 1101, +92-21-99261056 (Gulshan-e-Iqbal)
Tel: +92 21 9205285-87 (Head Quarter)
FAX: +92 21 99205284 
Email: help@pakistanranjerssindh.org 

Thank you.

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

Document Type : Urgent Appeal Case
Document ID : AHRC-UAC-025-2015
Countries : Pakistan,
Issues : Arbitrary arrest & detention, Enforced disappearances and abductions, Impunity, Rule of law, Torture,