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PAKISTAN: Death by hanging of a man set on March 12 after confessing due to torture by military

March 5, 2008

ASIAN HUMAN RIGHTS COMMISSION – URGENT APPEALS PROGRAMME

Urgent Appeal Case: AHRC-UAC-043-2008

5 March 2008
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PAKISTAN: Death by hanging of a man set on March 12 after confessing due to torture by military

ISSUES: Death penalty; torture; unfair trial; military court; incommunicado; denial of legal assistance
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Dear friends,

The Asian Human Rights Commission (AHRC) has received information regarding the death sentence of a man from minority community, who is due to be executed on 12 March 2008. He was charged with murder however, he was allegedly severely tortured after the illegal arrest. It is also alleged that he was not provided any legal representative during the military trial. He was not allowed to communicate with his parent during his two years of military custody and meet his parents only after the military court convicted him.

CASE DETAILS:

According to the information received, Mr. Zahid Masih son of Salamat Masih was recruited in the Pakistan Army as a sanitary worker and sweeper in August 2001 at the cantonment of Multan city, Punjab province. After some months he was transferred to another cantonment at Tarbella- Punjab province, 600 kilometers far from Multan, his hometown. He served in Tarbella cantonment for almost two years and in 2003 he was again transferred to another place, the Chirat, a cantonment at Peshawar in province of North Western Frontier Province (NWFP) as a sweeper because of his good work and loyalty to officers.

He joined Regiment/Unit 4 Commando Battalion (Special Service Group) Chirat. When he reached and joined service at Chirat cantonment he heard that a 9-year-old boy was sexually molested and murdered by unknown persons among the staff of the cantonment and there was a military investigation going on. After one weak of joining service he was given two months leave to go home for recreation as it is a common feature that, whenever there is a transfer the staff is allowed to have leave. Zahid Masih went to Multan to meet his parents and other family members and after two months he returned to Chirat to resume his duties. Till that time the investigation of murder was going on. Suddenly, one month after his return Zahid Masih was disappeared from the work place and his whereabouts were not known to the family for about two years.

Zahid's family later found him in Central jail at Peshawar charged with murder under Section 302 of Pakistan Penal Code (PPC). He was accused of committing sodomy and killing the nine-year-old boy, Muhammad Adnan on 1 March 2005. The Military Court found Zahid guilty and sentenced him death on 10 March 2006.

While in the military custody for 2 years, he was extensively interrogated for 28 days consecutively and he was severely tortured to confess to the murder of the boy. Due to the severity of the torture he had no choice but to confess even though he alleged that he was innocent. Some Orderlies of officers came and persuaded him that if he confessed the officers would provide him with relief. Mr. Mohammad Khusheed son of Mohammad Nawaz, the orderly of an army officer, conveyed this message to him with saying that his confession would save the image of Pakistan Army. Zahid Masih informed these facts to his brother in a letter. However, Zahid was not allowed to meet with his family during his trial in the cantonment by a military court and the family did also not know about that.

When Zahid Masih was allowed to meet his family in early 2008, he told his family that he was made an escape goat as he was Christian and a sweeper. He further said that the messengers from officers of Chirat cantonments convinced him that he would be free from the charges if he confessed the crime. He alleged that military persons at cantonment killed the boy and they wanted to shift the offence to weakest person.

On 20 January 2008, Zahid's mother wrote a mercy appeal to the President and human rights groups and the Church leadership wrote letters to the authorities, including the President. Due to this intervention, the execution date was delayed for 20 days however, it is again scheduled on 12 March 2008.

BACKGROUND INFORMATION:

Pakistan is among the top in the list of countries with the highest number of executions (along with China, Iran, Iraq, Sudan and USA). It has approximately 7,400 convicts awaiting execution. According to the Amnesty International 2007 report, 82 persons were executed in 2006. A local source claimed that 109 people have been awarded death sentence in the first 9 months of 2007 and about 10,000 were executed in Pakistan in the past 11 years.

According to the PPC 302, which Zahid Masih is charged under: whoever commits pre-meditated murder shall be punished with (a) death as "retaliation"; (b) death or imprisonment for life as corporal punishment to be administered at the discretion of the judge; and (c) imprisonment of up to 25 years, provided it is not committed in the name or the pretext of honour.

According to the PPC section 304, the proof of murder could be in form of voluntary and true confession before a competent court that the accused committed the offence; and by evidence as provided in Article 17 of the Qanun-e-Shahadat, 1984 (P.O. No. 10 of 1984), based on the competence of a person to testify and the number of witnesses required accordingly.

Local sources claim that the penal system in Pakistan is full of loopholes and defects. It may be better sometimes not to hang the alleged killers due to mal-administration of justice, police service dereliction, and cultural prejudices affecting women and religious minorities.

It has also been commented that the laws have become "tools for personal vendettas against vulnerable segments of society, including the poor and minorities" and are often "manipulated, especially in blasphemy cases, where both judicial system and police department investigate with bias, without checking veracity of the facts."

SUGGESTED ACTION:
Please write the letter and fax to the following authorities showing your concern of what appears to be an unfair trial and a confession obtained by torture. Please also demand clemency as he is innocent of this crime and at the time of murder of young boy he was doing job in anther cantonment of Tarbela. After his transfer to Chirat he was booked in the case only because he was from a minority community and a weak target as being the sweeper, the most lowest job.

The AHRC writes letters to the UN Special Rapporteur on the Question of Torture and working group on arbitrary detention calling for urgent intervention in this case.

To support this appeal, please click here:

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SAMPLE LETTER:

Dear __________,

PAKISTAN: Death by hanging of a man set on March 12 after confessing due to torture by military

Name of victim: Mr. Zahid Masih, son of Salamat Masih, 27 years old, Sanitary worker, Chirat Cantonment, Regiment/Unit 4 Commando Battalion (Special Service Group) Chirat, Peshawar, North western frontier province; resident of Saeed Colony near Purani Chand Mari, Farooq Pura post office, Purana Shuja Abad Multan-Punjab province
Currently detained at: Peshawar prison, North Western Frontier Province
Date of scheduled execution: 12 March 2008

I am writing to voice my concern regarding the case of Mr. Zahid Masih who is to be hanged on March 12 after his and his family's appeal of clemency were turned down. Mr. Zahid's family has been asked to meet him on March 11, 2008 as a final meeting. On March 4, some persons from the military have taken thumb impressions of his mother on mysterious papers and they had not informed on several enquiries that why they were taking the signatures.

Mr. Zahis was also denied a fair trial and case was tried at military court without providing him any legal assistance.

According to my information,  Mr. Zahid Masih son of Salamat Masih was recruited in the Pakistan Army as sanitary worker/ sweeper in August 2001 at the cantonment of Multan city, Punjab province. After some months he was transferred to another cantonment at Tarbella- Punjab province, 600 kilometers far from Multan, his native place. He served in Tarbella cantonment for two years and in 2003 he was again transferred to another place, the Charat, a cantonment at Peshawar in province of North Western Frontier Province (NWFP) as sweeper because of his good work and loyalty to officers. He joined Regiment/Unit 4 Commando Battalion (Special Service Group) Chirat. When he reached and joined service at Chirat cantonment he heard that on young boy of 9 years was sexually molested and murdered by unknown persons among the staff of cantonment and there was military investigation was going on. After one weak of joining service he was given two months leave to go home for recreation as it is a common feature that when ever there is transfer the staff is allowed to have leave. Mr. Zahid Masih went to Multan to meet his parents and other family members and after two months he came back to Tarbella to resume his duties. Till that time the investigation of murder was still going on.

It is very shocking for me that as he reached Charat and that after one month he was disappeared from the work place and his whereabouts were not known to the family for about two years. The question is very pertinent that when he was under interrogation why the authorities have kept in incommunicado which means that he was pressured to confess the offence and face the severest kind of tortue.

Zahid's family later found him in Central jail at Peshawar booked for murder under Section 302 of Pakistan Penal Code (PPC). He was accused of committing sodomy and killing a nine-year-old boy Muhammad Adnan on 1 March 2005. The Military Court found Zahid guilty and sentenced him to death on 10 March 2006.

I am shocked to know that during two years of his disappearance he was extensively interrogated continuously for 28 days in the military custody and he was tortured severely, inhumanly to confess the murder of 9 year old boy, which he confessed for not finding any other option. He was told by the Orderlies of officers that if he confesses murder of the boy then officers will provide him relief. Torture in custody to get the confessional statement is very much against the UN Convenient Against Torture (CAT) and Pakistan being the elected member of UN human rights council should have to follow the charter of human rights of the UN.

Mr. Zahid Masih is scheduled to be hanged on March 12, 2008. On 20 January 2008, Zahid's mother wrote a mercy appeal to the president and on 28 January 2008 human rights organizations and his Church leadership wrote letters to the authorities, including the President, to consider mercy for Zahid Masih. They responded by delaying the execution for 20 days (31 January--20 February 2008). But now it is fixed on March 12.

I appeal to you to provide clemency to Zahid Masih and order the authorities to retrial the whole case in ordinary courts of the country and provide him fair trial according to the laws of the country.

I also appeal to investigate the whole issue of trial in military court when the offence comes under the criminal procedural laws of Pakistan and hold a enquiry that he was kept in incommunicado for confessional statement and military trial.

I hope that you will do best for providing clemency to him as he is innocent and was not provided legal assistance and was kept in incommunicado and was tortured.

Yours sincerely,


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PLEASE SEND YOUR LETTERS TO:

1. General Pervez Musharraf
President
President's Secretariat
Islamabad
PAKISTAN
Fax: +92 51 922 1422, 4768/ 920 1893 or 1835
Email: (please see-> http://www.presidentofpakistan.gov.pk/WTPresidentMessage.aspx)

2. Mr. Afzal Haider
Minister of Law, Justice and Human Rights
S Block Pakistan Secretariat
Islamabad
PAKISTAN
Fax: +92 51 920 2628
E-mail: minister@molaw.gov.pk 

3. Federal Minister of Interior
Room#404, 4th Floor, R Block,
Pak Secretariat
Islamabad
PAKISTAN
Tel: + 92 51 9212026
Fax: + 92 51 9202624
E-mail: minister@interior.gov.pk 

4. Secretary
(Criminal Prosecution) SGA &CD Department
Government of Sindh
Sindh Secretariat,
Karachi, Sindh Province
PAKISTAN
Tel: +92 21 9213327-6
Fax: +92 21 9213873
E-mail: secy.cpsd@sindh.gov.pk 

5. Dr. Faqir Hussain
Registrar
Supreme Court of Pakistan
Supreme Court Building
Islamabad
PAKISTAN
Tel: +92 51 9213770
Fax: +92 51 9213452

Thank you.

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

Document Type :
Urgent Appeal Case
Document ID :
AHRC-UAC-043-2008
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.