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PAKISTAN: A man falsely implicated in 57 First Information Reports (FIRs) and his family members are also facing 33 FIRs

March 13, 2008

ASIAN HUMAN RIGHTS COMMISSION - URGENT APPEALS PROGRAMME

Urgent Appeal Case: AHRC-UAC-047-2008

13 March 2008
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PAKISTAN: A man falsely implicated in 57 First Information Reports (FIRs) and his family members are also facing 33 FIRs

ISSUES: Torture; fabrication of charges; illegal detention; harassment of family members
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Dear friends,

The Asian Human Rights Commission (AHRC) has received information that Mr. Mohammad Khan Lund, a human rights activist is presently in Deeplo Jail after being implicated in 57 cases allegedly by his political rival Dr. Arbab Rahim. The police at his instigation tortured Mr. Lund on several occasions at Deeplo police station and have also harassed his four sons and other family members.

UPDATE INFORMATION:

In December 2007, Mr. Mohammad Khan Lund was arrested which was three months before the election that was to be held on the 18 February 2008. Mr. Lund was to be a rival candidate against Dr. Arbab Rahim from the Pakistan People's Party (PPP). Dr. Rahim is a strong party member of the Muslim League--Q Sindh Branch and is known to be a close associate of President Musharraf.

Mr. Lund is a popular figure as he has been a human rights activists and a political worker for a long time, particularly working for scheduled caste Hindus who are generally subjected to bonded labour by powerful landlords in the area. Dr. Rahim himself is a powerful landlord in the area and is known to be having private jails of his own. Mr. Lund had worked to free such prisoners and in fact was able to secure the release of about five hundred of them. Mr. Lund has worked in Tharpaker District which is one of the biggest desserts areas in the country bordering India. It was his work for the poor in this area which made him a direct target of attempted murder, arrest, threats, intimidation and torture.

On 27 December 2007, the day of the assassination of Benazir Bhutto, Mr. Lund was also severely assaulted and injured by persons he believes to have worked under the instruction of the former chief minister, Mr. Rahim. By the time he regained consciousness he was in a jail charged under 40 First Information Reports (FIRs). Thirty three FIRs were also filed against his sons and relatives. Now he is in the District Jail, Deeplo, Tharparke District, Sindh province

Mr. Lund submitted his papers earlier from the PPP to contest the elections but his nomination papers were rejected allegedly due to the influence exercise by the former chief minister. Mr. Lund then became the chief poling agent of Mr. Wali Mohammad Rahimo who replaced him as the candidate for the elections. Mr. Lund also states that he was poisoned while in jail in January and he survived only because of the intervention of several jail mates who rushed him to the prison hospital.

Previously to this Mr. Lund had been arrested in 2005 due to the intervention of the ex-chief minister and was implicated in some fabricated charges. During this time he was tortured on several occasions at the Deeplo Police Station. He was later released without any charges.

ADDITIONAL COMMENTS:

The violations revealed in this case points out the practice of powerful landlords who are also powerful politicians in this extremely poor and backward area of Pakistan. In these areas these power landlords cum politicians have enormous influence with the police and are able to implicate innocent persons in serious crimes for the purpose of having them in jail for their personal agendas. The police officers in turn obtain rewards including promotions due to the influence of their patrons.

The legal system in Pakistan does not allow any room for making complaints about such gross abuses of human rights and the victims such as Mr. Lund do not have any legal avenue to pursue their grievances. As a result they might languish in jail for as long as the police and these powerful persons want them there. There is also no avenue to complain to higher police authorities about the conduct of these police stations. Such abuse of power is quite common at police stations, particularly in the remote areas.

The AHRC urges the immediate release of Mr. Lund and if there are any charges against him to prove these charges before a court. The AHRC also urges the human rights community in Pakistan and throughout the world to lobby for his release. Further, inquiries must be held against the abuse of power by the police in filing FIRs which are fabricated and for working at the instigation of powerful landlords and politicians.

__________________________

SUGGESTED ACTION:
Please write letters to the government authorities below urging them to immediately release Mr. Lund and to investigate the abuse of power by the police.

The AHRC has also written letters to the UN Special Rapporteur on the Question of Torture calling for immediate intervention in this matter.

To support this appeal, please click here:

SAMPLE LETTER:

Dear ___________,

PAKISTAN: A man falsely implicated in 57 First Information Reports (FIRs) and his family members are also facing 33 FIRs

Name of victims:
1. Mr. Mohammad Khan Lund, facing 57 FIRs; presently held in District jail Deeplo, Tharparke District, Sindh province, Pakistan
2. four of his sons and several relatives, facing 33 FIRs
Name of alleged perpetrators: Dr. Arbab Rahim, Former chief minister of Sindh province and
President of Pakistan Muslim League- Q (Sindh province) Tharparker, Sindh province, Pakistan
Date of incident: Since December 2007

I am shocked to learn that a human rights activist and a political worker on behalf of the poor and low caste groups of Tharparker District, Sindh Province has been tortured, poisoned and illegally arrested and detained on fabricated charges allegedly at the instigation of a powerful landlord and politician who wants to prevent Mr. Lund from engaging in his political and social activities.

He has been incarcerated purely on the basis of First Information Reports (FIRS) which have not been properly investigated. As a result of these FIRs altogether 57 of them, he is now held in prison custody and therefore prevented from engaging in his usual political and social activities. His son and other relatives are also being constantly harassed.

According to the information received, in December 2007, Mr. Mohammad Khan Lund was arrested which was three months before the election that was to be held on the 18 February 2008. Mr. Lund is a popular figure as he has been a human rights activists and a political worker for a long time, particularly working for scheduled caste Hindus who are generally subjected to bonded labour by powerful landlords in the area. Dr. Rahim himself is a powerful landlord in the area and is known to be having private jails of his own.

Mr. Lund had worked to free such prisoners and in fact was able to secure the release of about five hundred of them. Mr. Lund has worked in Tharpaker District which is one of the biggest desserts areas in the country bordering India. It was his work for the poor in this area which made him a direct target of attempted murder, arrest, threats, intimidation and torture.

On 27 December 2007, the day of the assassination of Benazir Bhutto, Mr. Lund was severely assaulted and injured by persons he believes to have worked under the instruction of the former chief minister, Mr. Rahim. By the time he regained consciousness he was in a jail charged under 40 First Information Reports (FIRs). Thirty three FIRs were also filed against his sons and relatives.

Mr. Lund submitted his papers earlier from the PPP to contest the elections but his nomination papers were rejected allegedly due to the influence exercise by the former chief minister. Mr. Lund then became the chief poling agent of Mr. Wali Mohammad Rahimo who replaced him as the candidate for the elections. Mr. Lund also states that he was poisoned while in jail in January and he survived only because of the intervention of several jail mates who rushed him to the prison hospital.

In light of above, I urge an immediate investigation into this matter and the release of Mr. Lund. I also urge that this practice of filing FIRs at the instigation of powerful persons be thoroughly investigated and actions to be taken to stop this practice.

I look forward to hearing from you in this regard.

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
E-mail: (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. Lieutenant General Hamid Nawaz
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. Chief Justice of Sindh High Court
High Court Building
Saddar
Karachi
PAKISTAN
Fax: +92 21 9213220
E-mail: info@sindhhighcourt.gov.pk  

5. Dr. Ishrat-ul-Ebad Khan
Governor of Sindh province
Karachi
PAKISTAN
Tel: +92 21 920 1201
Fax: +92 21 920 5043

6. Justice Rtd. Abdul Qadir Halepoto
Chief Minister of Sindh
Chief Minister House
Karachi
PAKISTAN
Fax: +92 21 920 2000

7. Chief Secretary
Government of Sindh
Chief Secretariat,
Karachi, Sindh province,
PAKISTAN
Tel: +92 21 921950
Fax: +92 21 9211946
E-mail: cs.sindh@sindh.gov.pk 

8. 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 

9. Dr. Faqir Hussain
Registrar
Supreme Court of Pakistan
Supreme Court Building
Islamabad
PAKISTAN
Tel: +92 51 9213770
Fax: +92 51 9213452
E-mail: registrar@supremecourt.gov.pk 

Thank you.

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

Document Type :
Urgent Appeal Case
Document ID :
AHRC-UAC-047-2008
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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.