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PAKISTAN: A lady health worker raped and forced by police to withdraw her complaint

February 28, 2011

ASIAN HUMAN RIGHTS COMMISSION - URGENT APPEALS PROGRAMME

 

Urgent Appeal Update: AHRC-UAC-048-2011

 

 

 

28 February 2011

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PAKISTAN: A lady health worker raped and forced by police to withdraw her complaint

 

ISSUES: Rape; violence against women; impunity; rule of law 

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Dear friends,

 

The Asian Human Rights Commission (AHRC) has received information that a lady health worker, a government employee, was raped by a notorious gangster with the help of two police informers. The First Information Report (FIR), a criminal case for legal proceedings was lodged by the police intentionally after five days of the attack in order to destroy the evidence. The police, instead of filing a rape case, filed a case of attempted rape so that perpetrators could not be tried for committing the heinous crime. The high raking police officers of the concerned district are coercing the victim to settle the case with perpetrators.

The alleged rapist was arrested for attempted rape but the police informers, who restrained the woman and who had beaten her during the rape, are enjoying the protection of the police.

 

 

CASE NARRATIVE:

 

 

Rehana Malik, 30, a lady health worker at Civil Hospital, Digri town, Mirpurkhas district, Sindh province, also an employee of the health department of the government of Sindh, was raped in her house while her husband was out for his daily job. On December 9, 2010 at 8 pm three police informers and gangsters entered her house, locked her children in a room and one gangster, Gulzar Arain, who is known to run a drug den, overpowered and raped the victim with the help of two police informers, Shahid Jat and Shoukat Jat. The attackers also injured her during the rape and stole Rs. 85,000. (USD 1000) and jewelry of the same amount. The perpetrator, Arian raped her while the two accomplices held her hands and legs for the rape. After the rape the attackers threatened her that if she went to the police she would be raped in an open place.

 

However, after the incident she went to Digri police station at 9.30 pm where she was told by the station house officer (SHO), Mr. Zulfiqar Khoso that as it was night nobody could record her statement and to come back the next day. She returned and spent the whole next day trying to file her report but in the evening was told that she should go back to home and the police station would send someone to see her. In the meanwhile news of the rape was reported in the media. The police telephoned her to come the house of Haji, an influential person of the town. There she found that police officials were also present. Haji and police officials pressured her to accept Rs. 10,000 (USD117) as compensation which she refused. One of the police officials, Munawar, the assistant sub inspector (ASI) took her signature on a plain paper forcefully saying he would make an application on her behalf. She asked the police officials to file a case of rape so that she could have a medical report.

 

It was only after five days of her rape, on December 13, that the FIR was filed. However, the FIR only mentioned that it had been an attempted rape. The report that Rehana had made mentioned that the accused person, Arain, actually raped her but this version was rejected by the SHO. The police cleverly deleted the names of the two other police informers from the FIR. She was given permission to have her medical checkup but as per their intention, any evidence of the assault had then been lost. On December 14, the SHO of Digri police station visited her house and pressured her to withdraw the case of rape against the perpetrators otherwise she would face problems for her family. On January 21, 2011, a human right activist, Hasrat Leghari, had written an application on behalf her to the Chief Justice of Pakistan, the president, the prime minister and other authorities. On February 22, she was asked to come to police station and record her statement. But once again the police refused to take her statement and created their own. In the meantime the accused person, Arain, was arrested on the charges of attempt to rape her but the two police informers were not arrested. An application from the victim was moved to the Session Court of Mirpurkhas district that the police were providing protection to the perpetrators. On receiving her application the session judge rejected the bail application of the accused person.

 

On February 26, Mr. Zulfiqar Mehar, the district police officer (DPO), the highest police officer of the district, also tried to coerce her to withdraw the case and said she would not get any positive response in the case. He further told her that the perpetrators would take revenge against her in the future.

 

ADDITIONAL INFORMATION:

 

 

Mrs. Rehana was working as health officer in Digri town at civil hospital since 2006 and has become popular in the neighbourhood for her work. Gulzar Arain, the gangster and police informer had been stalking her since 2009 whenever she went out for field work. He demanded that she have sex with him otherwise she would face dire consequences. On November 22 the accused person came to her house in the absence of her husband along with the two police informers, Shoukat and Shahid, and threatened that if she did not agree to have sex with him he would come and rape her so that she could not be able to show her face to the people. She reported this to the police but in typical fashion the police told to come back if and when the crime was committed as before that they could not go against him.

 

The husband of her is a labourer and has to go to other town for his job.

 

SUGGESTED ACTION:

 

Please write letter to the authorities to take action against the police officials of Digri town and the district police officer (DPO) of Mirpurkhas district for providing protection to the perpetrators of the rape. Also urge them to provide protection to the victim and her family and prosecute the perpetrators.

 

The AHRC is writing a separate letter to the UN Special Rapporteur on the Question of violence against women calling for his intervention into this matter.

 

To support this appeal, please click here:

 

 

SAMPLE LETTER:

 

 

Dear ___________,

 

PAKISTAN: A lady health worker raped and forced by police to withdraw her complaint

 

Name of victim:

Mrs. Rehana Malik, wife of Gulhassan, a lady health worker, resident of Digri town, district Mirpurkhas, Sindh province

 

Names of alleged perpetrators:

 

1. Mr. Gulzar Arain, police informer and gangster, resident of Goth Ganga Ram (goth Bagan wali), Digri, Sindh province

2. Mr. Shaukat Jat, police informer, Resident of Goth Ganga Ram (goth Bagan wali), Digri, Sindh province

3. Mr. Shahid Jat, police informer, Resident of Goth Ganga Ram (goth Bagan wali), Digri, Sindh province

4. Assistant Sub Inspector, Munawar, Digri police station, Digri town, Sindh province

5. Sub-Inspector Zulfiqar Khoso, Station Headquarter Officer (SHO), Digri police station, Digri town, Sindh province

6. Mr. Zulfiqar Mehar, District Police Officer (DPO), Mirpurkhas, Sindh province

 

Date of incident:

9 December 2010

Place of incident

: Digri town, Mirpurkhas district, Sindh province

 

I am writing to voice my deep concern regarding the rape of a lady health worker by a police informer and his accomplices and the support that the police are providing to the perpetrators.

 

I am appalled to know that a lady health worker of government of Sindh was raped by the police informer and gangsters but police have taken no action and not a single man was arrested on the rape charges. The two accomplices of the accused person are free and threatening the victim. The high police officials including DPO are using their official positions to influence the victim to withdraw her case against the perpetrators. This is very shameful act by the police whose duty is to protect the citizens from crime.

 

Rehana Malik, 30, a lady health worker at Civil Hospital, Digri town, Mirpurkhas district, Sindh province, also an employee of the health department of the government of Sindh, was raped in her house while her husband was out for his daily job. On December 9, 2010 at 8 pm three police informers and gangsters entered her house, locked her children in a room and one gangster, Gulzar Arain, who is known to run a drug den, overpowered and raped the victim with the help of two police informers, Shahid Jat and Shoukat Jat. The attackers also injured her during the rape and stole Rs. 85,000. (USD 1000) and jewelry of the same amount. The perpetrator, Arian raped her while the two accomplices held her hands and legs for the rape. After the rape the attackers threatened her that if she went to the police she would be raped in an open place.

 

However, after the incident she went to Digri police station at 9.30 pm where she was told by the station house officer (SHO), Mr. Zulfiqar Khoso that as it was night nobody could record her statement and to come back the next day. She returned and spent the whole next day trying to file her report but in the evening was told that she should go back to home and the police station would send someone to see her. In the meanwhile news of the rape was reported in the media. The police telephoned her to come the house of Haji, an influential person of the town. There she found that police officials were also present. Haji and police officials pressured her to accept Rs. 10,000 (USD117) as compensation which she refused. One of the police officials, Munawar, the assistant sub inspector (ASI) took her signature on a plain paper forcefully saying he would make an application on her behalf. She asked the police officials to file a case of rape so that she could have a medical report.

 

It was only after five days of her rape, on December 13, that the FIR was filed. However, the FIR only mentioned that it had been an attempted rape. The report that Rehana had made mentioned that the accused person, Arain, actually raped her but this version was rejected by the SHO. The police cleverly deleted the names of the two other police informers from the FIR. She was given permission to have her medical checkup but as per their intention, any evidence of the assault had then been lost. On December 14, the SHO of Digri police station visited her house and pressured her to withdraw the case of rape against the perpetrators otherwise she would face problems for her family. On January 21, 2011, a human right activist, Hasrat Leghari, had written an application on behalf her to the Chief Justice of Pakistan, the president, the prime minister and other authorities. On February 22, she was asked to come to police station and record her statement. But once again the police refused to take her statement and created their own. In the meantime the accused person, Arain, was arrested on the charges of attempt to rape her but the two police informers were not arrested. An application from the victim was moved to the Session Court of Mirpurkhas district that the police were providing protection to the perpetrators. On receiving her application the session judge rejected the bail application of the accused person.

 

On February 26, Mr. Zulfiqar Mehar, the district police officer (DPO), the highest police officer of the district, also tried to coerce her to withdraw the case and said she would not get any positive response in the case. He further told her that the perpetrators would take revenge against her in the future.

 

I am shocked to know that police are turning the case into attempt to rape just to save the police informer and drug peddlers. These types of crimes are happening daily in Pakistan because there is no effort from the government to make reforms in the policing system and make it accountable in the law. The police find it easy to manipulate the cases in their own favour to save perpetrators.

 

I urge you to prosecute all the police officials who are turning the case of rape in to attempt to murder and threatening victim to take back her case. Please also provide security and protection to the victim and her family and also register a case of rape against the perpetrators.

 

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. Syed Yousaf Raza Gilani

Prime Minister of Pakistan

Prime Minister House

Islamabad

PAKISTAN

Fax: + 92 51 9221596

E-mail: secretary@cabinet.gov.pk

 

3. Syed Qaim Ali Shah

Chief Minister

Karachi, Sindh Province

PAKISTAN

Fax: +92 21 920 2000

E-mail: pppsindh@yahoo.com

 

4. Mr. Syed Mumtaz Alam Gillani

Federal Minister for Human Rights

Ministry of Human Rights

Old US Aid building

Ata Turk Avenue

G-5, Islamabad

PAKISTAN

Fax: +9251-9204108

Email: sarfaraz_yousuf@yahoo.com

 

5. Mr. Muhammad Ayaz Soomro

Minister for Law, Parliamentary Affairs & Criminal Prosecution Service

Sindh Assembly Building,

Court road, Karachi, Sindh province

PAKISTAN

Fax: +92 21 9211982

E-mail: secy.law@sindh.gov.pk

 

6. Chief Justice of Sindh High Court

High Court Building

Saddar, Karachi

Sindh Province

PAKISTAN

Fax: +92 21 9213220

E-mail: info@sindhhighcourt.gov.pk

 

7. Ms. Nadia Gabol

Minister for Human Rights

Government of Sindh,

Pakistan secretariat, Barrack 92,

Karachi, Sindh Province

PAKISTAN

Fax: +92 21 9207044

Tel: +92 21 9207043 +92 21 9207043 +92 21 9207043 +92 21 9207043 +92 21 9207043 +92 21 9207043 +92 21 9207043 +92 21 9207043

E-mail: lukshmil@yahoo.com

 

8. Dr. Faqir Hussain

Registrar

Supreme Court of Pakistan

Constitution Avenue, Islamabad

PAKISTAN

Fax: + 92 51 9213452

E-mail: mail@supremecourt.gov.pk

 

9. 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-048-2011
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.