PAKISTAN: A 16 year old girl was gang raped almost for one month — perpetrators were released by the police

ASIAN HUMAN RIGHTS COMMISSION - URGENT APPEALS PROGRAMME

Urgent Appeal Case: AHRC-UAC-053-2011
ISSUES: Child rights, Impunity, Rule of law, Sexual violence, Violence against women,

Dear friends,

The Asian Human Rights Commission (AHRC) has received information that a 16 year old girl was abducted along with her brother by the persons from the land mafia for ransom. During the ordeal the girl was gang raped for almost one month. After the intervention of a session court the police filed the First Information Report and arrested two accused persons but they were released within two hours after the accepted bribes from them. The interior minister pledged before the Sindh provincial assembly that he would take up the case but no action from the ministry has been taken yet after passing two months. The family of the victims are facing threats from perpetrators and the police to not following the case otherwise their two other children would face the same fate.

The case has been transferred in to the Anti-terrorist court but no perpetrator has yet been arrested. 

CASE NARRATIVE: 

Six armed men from a group of land grabbers from Karachi, working in nexus with different police stations, attacked the house of Mr. Abdul Rafiq Jagirani alias Mohib Ali, son of Maula dad Jagirani, in Faizabad, Khairpur Mirs, Sindh province, on 14 October 2010 and abducted his 16 years old girl, Miss S (name withheld), and his son, Muhammad Afzal, 14, at gunpoint for ransom. They threatened Jagirani not to report it to the police otherwise they will kill both children.

After half an hour of the abduction Jagirani reported the matter to the police but because of threats from the abductors he did not identify them. After two days the abductors asked for Rs. 500,000 (USD 5883) as ransom for the release of his children. He sold his some agriculture land for the payment and handed over the money to the abductors in Karachi, 400 kilometers away from his city. It took him one month to arrange the money. The payment was paid in Bhitai abad, Gulistan-Johar, Karachi to the main accused, Abdul Kareem Marfani, and in return the abductors released his children. Following her release his daughter told him that she was raped during her captivity.

He then reported the act of gang rape to the section A police station, Khairpur Mirs, but police refused to mention the gang rape in their report. He then filed an application in the Session court of Khairpur Mirs who ordered the police to file FIR of her abduction and rape. On 29 November 2010, A section police station filed the FIR. After which her medical examination was conducted on 3 December, at Civil Hospital Khairpur, wherein the rape was confirmed. Following that a statement of the children were recorded under Sections 161 and 164 of the CrPc. The case was shifted to Anti-terrorism court on the report, dated 10 January, of special public prosecutor who raised many questions about the ill intentions and negligence of the A section police station of Khairpur. The police failed to produce the accused persons when the court issued non-bailable warrants for the accused persons. The cases were registered against four accused persons namely; Abdul Kareem Marfani, Abdul Hafeez Marfani, Deedar Husain Marfani and Mehboob Marfani. The names of the remaining two suspects were not known.

After that Jagirani went to Karachi along with all papers of the court orders because the accused persons were from Sachal Goth Karachi. He visited Sachal and Gulistan-e-Johar police stations to submit the papers. After three days of his stay in Karachi, police arrested two accused persons, Abdul Kareem Marfani and Mehboob Marfani on 26 February at 6. PM. At 8.PM the station house officer (SHO) Abdul Salam telephoned to Jagirani to come to police station where Jagirani saw that many people from land mafia were present. The SHO told him that many powerful persons and officers from interior ministry are putting pressure on him to release the accused persons. According to the Jagirani the SHO has also mentioned the name of Mr. Bashir Khan Quereshi, chief of Jeay Sindh Quomi Mahaz (JSQM), a nationalist group of Sindh, who was putting pressure on him to release the accused. The SHO urged victim’s father not to follow his case. In the meantime, another accused person, Abdul Hafeez Marfani, arrived and was treated with respect by the SHO who told him to sit in another room. Jagirani felt insecure asked the SHO to drop him at the main road. After two hours the arrested persons were released allegedly after bribing the officers.

Jagirani then contacted Mr. Nasrullah Baloch, member of Sindh assembly from Sukkur district, who raised the case rape of the girl in the assembly. The minister of interior, Dr. Zulfiqar Mirza, replied on the question and promised that he would do his best in this case. But the minister never contacted the victim’s father and did nothing.

Until now no accused person has been arrested and the police are providing protection to the perpetrators.

The girl was a student of class ninth at the Government Girls School, Khairpur Mirs.

SUGGESTED ACTION: 
Please write to the authorities to conduct an inquiry into the case of gang rape of a girl by land grabbers and police protection to the perpetrators. Please urge the authorities to prosecute the officials of three police stations of the Sindh province who are involved, directly or indirectly, in not following the law but using their official positions to harass the victim and her family. As such they are instrumental in allowing this crime against women to go unpunished. The authorities should provide medical treatment to the victim and compensate her.

The AHRC is writing a separate letter to the UN Special Rapporteurs on violence against women and child rights calling for their interventions into this matter.

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

SAMPLE LETTER

Dear ___________,

PAKISTAN: A 16 year old girl was gang raped almost for one month – perpetrators released by the police 

Names of victims: 
1. Miss S (name withheld) daughter of Abdul Rafique alias Mohib Ali Jagirani, resident of Mohalla Faizabad, Khairpur Mirs, Sindh province
2. Master Mohammad Afzal son of Abdul Rafique alias Mohib Ali Jagirani, resident of Mohalla Faizabad, Khairpur Mirs, Sindh province

Names of alleged perpetrators: 
1. Abdul Kareem Marfani, resident of Sachal goth, Karachi, Sindh province
2. Abdul Hafeez Marfani, resident of Sachal goth, Karachi, Sindh province
3. Deedar Husain Marfani, resident of Sachal goth, Karachi, Sindh province
4. Mebboob Marfani, resident of Sachal goth, Karachi, Sindh province
5. Abdul Salam, station house officer (SHO), Gulistan-e-Johar police station, Karachi, Sindh province
6. SHO Sachal Goth police station, Karachi, Sindh province

7. SHO section A police station, Khaipur Mirs, Sindh province
8. Zulfiqar, investigative officer, Section A police station, Khairpur Mirs, Sindh province

Date of incident: 14 October 2010
Place of incident: Sachal goth, Karachi, Sindh province

I am writing to voice my deep concern regarding the gang rape of a girl for almost one month after her abduction for ransom. The Sindh police and official of ministry of home affairs of province are supporting the perpetrators and threatening the family of the victim to withdraw the charges against the perpetrators who are from the land mafia and who claim to be from a nationalist group of the province with the name of Jeay Sindh Quomi Mahaz (JSQM).

I am shocked to know that that police have released the two main perpetrators allegedly on pressure from government officers from the ministry of home affairs.

A very serious concern for me is that the Sindh police and its SHOs (station house officers) do not respect the orders of the session courts in general and trying to pressurize the victims and their family through to withdraw the case.

According to the received information, six armed men from a group of land grabbers from Karachi, working in nexus with different police stations, attacked the house of Mr. Abdul Rafiq Jagirani alias Mohib Ali, son of Maula dad Jagirani, in Faizabad, Khairpur Mirs, Sindh province, on 14 October 2010 and abducted his 16 years old girl, Miss S (name withheld) and his son, Muhammad Afzal, 14, at gunpoint for ransom. They threatened Jagirani not to report it to the police otherwise they will kill both children. However, after half an hour of the abduction Jagirani reported the matter to the police but because of threats from the abductors he did not identify them. After two days the abductors asked for Rs. 500,000 (USD 5883) as ransom for the release of his children. He sold his some agriculture land for the payment and handed over the money to the abductors in Karachi, 400 kilometers away from his city. It took him one month to arrange the money. The payment was paid in Bhitai abad, Gulistan-Johar, Karachi to the main accused, Abdul Kareem Marfani, and in return the abductors released his children. Following her release his daughter told him that she was raped during her captivity.

He then reported the act of gang rape to the section A police station but police refused to mention the gang rape. He then filed an application in the Session court of Khairpur Mirs who ordered the police to file FIR of her abduction and rape. On 29 November 2010, A section police station filed the FIR. After which her medical examination was conducted on December 3, at Civil Hospital Khairpur, wherein the rape was confirmed. Following that a statement of the children were recorded under section 161 and 164 of the CrPc. The case was shifted to Anti-terrorism court on the report, dated 10 January, of special public prosecutor who raised many questions about the ill intentions and negligence of the A section police of Khairpur. The police failed to produce the accused persons when the court issued non-bailable warrants for the accused persons. The cases were registered against four accused persons namely; Abdul Kareem Marfani, Abdul Hafeez Marfani, Deedar Husain Marfani and Mehboob Marfani. The names of the remaining two suspects were not known.

After that Jagirani went to Karachi along with all papers of the court orders because the accused persons were from Sachal Goth Karachi. He visited Sachal and Gulistan-e-Johar police stations to submit the papers. After three days of his stay in Karachi, police arrested two accused persons, Abdul Kareem Marfani and Mehboob Marfani on 26 February at 6. PM. At 8.PM the station house officer (SHO) Abdul Salam telephoned to Jagirani to come to police station where Jagirani saw that many people from land mafia present. The SHO told him that many powerful persons and officers from interior ministry are putting pressure on him to release the accused persons. According to the Jagirani the SHO has also mentioned the name of Mr. Bashir Khan Quereshi, chief of Jeay Sindh Quomi Mahaz (JSQM), a nationalist group of Sindh, who was putting pressure on him to release the accused. The SHO urged him not to follow his case. In the meantime, another accused person, Abdul Hafeez Marfani, arrived and was treated with respect by the SHO who told him to sit in another room. Jagirani felt insecure asked the SHO to drop him at the main road. After two hours the arrested persons were released allegedly after bribing the officers.

Jagirani then contacted Mr. Nasrullah Baloch, member of Sindh assembly from Sukkur district, who raised the case rape of the girl in the assembly. The minister of interior, Dr. Zulfiqar Mirza, replied on the question and promised that he would do his best in this case. But the minister never contacted the victim and did nothing.

The girl was the student of class ninth and student of Government girls school, Khairpur Mirs.

I am appalled that until now no accused person is arrested and police providing protection to the perpetrators. The perpetrators in the presence of police officers threatened the father of the victim to take back the case otherwise his two children, who were abducted for ransom and girl was gang raped, would be killed.

It is really very distress situation for every citizen of the country that police patronize the crime, even the heinous crimes, and provide full protection to the abductors, rapists and land grabbers who spread terror. This situation becomes very questionable when there are elected representatives involved. What is the purpose of ministry of interior affairs when criminals are protected by their officers?

I therefore urge you to order the Sindh provincial government to conduct an inquiry into the matter of the abduction of two minors for ransom and the gang rape of a girl for almost one month by the land grabbers from Karachi who enjoy the protection of Sindh police. The responsible officers of the three police stations, Gulista-ne-Johar, Karachi, Sachal Goth, Karachi, Section A police station Khairpur Mirs, should be prosecuted for patronizing the crimes of the land grabbers and notorious gangsters. The perpetrators should be arrested immediately and the victim should be provided medical treatment for her ordeal and compensation should be made to their family.

I look forward to your immediate and credible action into this matter.

Yours sincerely,

—————-
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. Raza Rabbani
Federal Minister for Human Rights
Ministry of Human Rights
Old US Aid building
Ata Turk Avenue
G-5, Islamabad
PAKISTAN
Fax: +92 51 9204108
Email: sarfaraz_yousuf@yahoo.com

5. Dr. Zulfiqar Ali Mirza
Minister for Home affairs
Government of Sindh, Sindh secretariat
Karachi, Sindh Province
PAKISTAN
Tel: +92 21 399204920
Fax: +92 21 99204922
E-mail: secy.home@sindh.gov.pk

6. 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

7. Chief Justice of Sindh High Court
High Court Building
Saddar, Karachi
Sindh Province
PAKISTAN
Fax: +92 21 9213220
E-mail: info@sindhhighcourt.gov.pk

8. 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
Email: lukshmil@yahoo.com

9. Dr. Faqir Hussain
Registrar
Supreme Court of Pakistan
Constitution Avenue, Islamabad
PAKISTAN
Fax: + 92 51 9213452
E-mail: mail@supremecourt.gov.pk

10. 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-053-2011
Countries : Pakistan,
Issues : Child rights, Impunity, Rule of law, Sexual violence, Violence against women,