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PAKISTAN: In a hate campaign against the Ahmadis the police tortured to death an innocent school teacher

April 3, 2012

ASIAN HUMAN RIGHTS COMMISSION - URGENT APPEALS PROGRAMME

Urgent Appeal Case: AHRC-UAC-057-2012

3 April 2012
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PAKISTAN: In a hate campaign against the Ahmadis the police tortured to death an innocent school teacher

ISSUES: Torture; ill-treatment; arbitrary arrest; religious minority groups; impunity; rule of law
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Dear friends,

The Asian Human Rights Commission (AHRC) has received information regarding the illegal arrest, detention and custodial torture which led to the death of Mr Abdul Qudoos Ahmad, a school teacher and the president of the Nusrat Abad chapter of the Ahmadiyya Jamaat, by the Chenab Nagar police. He was kept in illegal detention by the police for 35 days during which he was tortured without mercy. The torture included the victim being hung upside down by his ankles for long periods. On other occasions he was forced to lay flat on his back while a heavy wooden roller, similar to those used to flatten cricket pitches, was rolled over his body. His captors stood on either side making sure he could not escape the torment.

CASE NARRATIVE:

Mr. Abdul Qudoos Ahmad (43), a well respected school teacher, belonging to the Ahmadiyya sect was tortured to death while in police custody in Chenab Nagar (the Ahmadi community refers to it by its old name of Rabwah), Punjab province. He was taken into custody by the police on 10 February 2012 and was kept in a private torture cell of the police until 26 March when his condition deteriorated due to the severe torture he endured. He remained in police custody for 35 days with any charges being laid against him and was not officially arrested. He was forced to confess to the murder of one, Muhammad Yousuf, a stamp-paper seller from the Nusrat Abad area who was murdered a few months earlier. During the illegal detention Mr. Qudoos was deprived from access to any the legal aid was not provided.

According to information received from the Muslim Times, Express Tribune and Ahmadiyya Jamaat during custody, the victim was hung upside down by his ankles for long periods. On other occasions he was forced to lay flat on his back while a heavy wooden roller, similar to those used to flatten cricket pitches, was rolled over his body. His captors stood on either side making sure he could not escape the torment. Such inhumane and merciless treatment led to multiple organ failure and other physical injuries. The aforementioned methods of torture are but a few examples of the torment inflicted on him in a demonstration of hatred against the Ahmadis by the law enforcers.

The police officials continued the torture throughout the illegal detention and when Mr. Qudoos' physical condition deteriorated due to the heartless and callous treatment the police forced a family member to place his signature of a piece of blank paper and take him back home. Mr. Qudoos was released on 26 March 2012 and his family sought immediate medical attention for him. Despite the best efforts of the family and doctors he was unable to recover and on 30 March 2012 he passed away in the hospital.

According to the version filed by the police only two subordinate officers were mentioned in their report. Station House Officer (SHO) Mr. Khadim Hussain of the Chenab Nagar police registered a police case only against sub inspectors, Sujhat Ali and Manazar Ali, under sections 302, 148, 34 of the Pakistan Penal Code. In this manner, impunity was assured to the real murderers including SHO Khadim Hussain and other police officials.

It is with the connivance of a provincial law minister that the Punjab provincial police have been able to hide the criminal practice of the police of keeping suspects in illegal detention for months during which time they are tortured to get confessional statements and bribes. The provincial law minister has been instrumental in sheltering the high officials of the police from involvement in these heinous crimes. These officers include the District Police Officer (DPO), the highest police officer of the district, the Deputy Superintendent of Police (DSP), under whom the police station of Chenab Nagar comes, and the officer in charge of the police station, SHO Khadim Hussain.

The brother-in-law of the victim, Mr. Imtiaz Ahmed stated that Mr. Qudoos' was brutally tortured during interrogations, causing severe internal injuries. He accused the police that when the teacher was released the police threatened the family members to hush up the matter. According to Mr. Imtiaz Mr. Qudoos was admitted to a local hospital where he died due to excessive loss of blood.

It is unbelievable that a man could be kept in a police station for 35 days and continuously tortured and the SHO and other high officials including the DSP of the concerned police station knew nothing about the incident. This criminal act by the district police has been covered up under guise of releasing the prisoner to hide the illegal and supra constitutional behavior of the police.

The Punjab government has yet not started any investigation in to the incident of arbitrary detention, torture and misuse of police power against the concerned police officers. It is a very well known fact the provincial government and particularly the provincial law minister have connections with Muslim fundamentalists groups and banned Islamic organizations who are very much against the Ahmadis and who have been involved in the killings of Ahmadis and Shias, the second largest Muslim sect.

ADDITIONAL INFORMATION:

The illegal dentition and torture clearly violated the procedural law, specifically Section 61 of Criminal Procedure Code (CrPC) of 1898 "No police officer shall detain in custody a person arrested without a warrant for a longer period than under all circumstances of the case is reasonable, and such period shall not, in the absence of a special order of a magistrate under Section 167, exceed 24 hours exclusive of the time necessary for the journey from the place of arrest to the Magistrate’s Court." . The procedural law stated that a person arrested not be detained more than 24 hours but Mr.Qudoos was illegally detained for 35 days.

Torture is not criminalized in Pakistan. In absence of the anti torture law and loop hole in the substantive and procedural laws in Pakistan, law enforcement agencies are enjoying full impunity. The police are using torture as their daily method of extracting information and bribes from the accused in their custody. Several sections of Criminal Procedure Code (CrPC) of 1898 including Section 46 (2- 3) need to amended and specially sections 54 & 55 extend the police powers over persons who are still to be declared as accused, by permitting arrest without warrant. Specifically in this case Master Abdul Qudoos Ahmad was arrested without warrant and tortured to death.

SUGGESTED ACTION:
Please write the letters the giver below authorities asking them to conduct a judicial inquiry in to the illegal detention and torture to a school teacher who was from the Ahmadi sect and prosecute all the officials of the Chenab Nagar police station and DPO on the charges of torture to death and murder of an innocent teacher. Please urge them to unearth the torture cells from the police station and suspend all the police officers of the district until the completion of judicial inquiry, insure the safety and security of the family members and make sure a proper autopsy and involve the forensic experts

The AHRC writes separate letters to the UN Special Rapporteurs on Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment and Extrajudicial, Summary or Arbitrary Executions calling for their intervention into this matter.

To support this appeal, please click here:

SAMPLE LETTER:

Dear ___________,

PAKISTAN: In a hate campaign against the Ahmadis the police tortured to death an innocent school teacher

Name of victim: Mr Abdul Qudoos Ahmad, a school teacher, resident of Chenab Nagar (Rabwah), Punjab province
Names of alleged perpetrators:
1. Mr. Sujhat Ali, Sub Inspector of Police
2. Mr. Manazar Ali, Sub Inspector of Police
3. Mr. Khadim Hussain, Station House Officer (SHO)

All are attached to the Chenab Nagar police station, Punjab province
4. Deputy Superintendent of Police, Chenab Nagar, Punjab province
5. District Police Officer of Chenab Nagar, Punjab province

Date of incident: 30 March 2012
Place of incident: Chenab Nagar, Punjab province

I am writing to voice my deep concern regarding the illegal arrest, detention, custodial torture and death of Mr Abdul Qudoos Ahmad, a school teacher and the president of the Nusrat Abad chapter of the Ahmadiyya Jamaat by the Chenab Nagar police.

I am shocked to know that he was kept in the illegal captivity of police for 35 days during which time he was tortured without mercy. The victim was was hung upside down by his ankles for long periods. On other occasions he was forced to lay flat on his back while a heavy wooden roller, similar to those used to flatten cricket pitches, was rolled over his body. His captors stood on either side making sure he could not escape the torment. Such inhumane and merciless treatment led to multiple organ failure and other physical injuries. The aforementioned methods of torture are but a few examples of the torment inflicted on him in a demonstration of hatred against the Ahmadis by the law enforcers.

I have learned that Mr. Abdul Qudoos Ahmad (43), a well respected school teacher, belonging to the Ahmadiyya sect was tortured to death while in police custody in Chenab Nagar (the Ahmadi community refers to it by its old name of Rabwah), Punjab province. He was taken into custody by the police on 10 February 2012 and was kept in a private torture cell of the police until 26 March when his condition deteriorated due to the severe torture he endured. He remained in police custody for 35 days with any charges being laid against him and was not officially arrested. He was forced to confess to the murder of one, Muhammad Yousuf, a stamp-paper seller from the Nusrat Abad area who was murdered a few months earlier. During the illegal detention Mr. Qudoos was deprived from access to any the legal aid was not provided.

I am appalled that during the illegal dentition Mr. Qudoos was denied access to any legal assistance. The police officials continued the torture throughout the illegal detention and when Mr. Qudoos' physical condition deteriorated due to the heartless and callous treatment the police forced a family member to place his signature of a piece of blank paper and take him back home. Mr. Qudoos was released on 26 March, 2012 and his family sought immediate medical attention for him. Despite the best efforts of the family and doctors he was unable to recover and on 30 March, 2012 he passed away in the hospital.

Typically, as is the custom of the police, the version filed by the police named only two subordinate officers in their report. SHO Khadim Hussain of the Chenab Nagar police registered a police case only against sub inspectors, Sujhat Ali and Manazar Ali, under sections 302, 148, 34 of the Pakistan Penal Code. In this manner, impunity was assured to the real murderers including SHO Khadim Hussain and other police officials.

It is with the connivance of a provincial law minister that the Punjab provincial police have been able to hide the criminal practice of the police of keeping suspects in illegal detention for months during which time they are tortured to get confessional statements and bribes. The provincial law minister has been instrumental in sheltering the high officials of the police from involvement in these heinous crimes. These officers include the District Police Officer (DPO), the highest police officer of the district, the Deputy Superintendent of Police (DSP), under whom the police station of Chenab Nagar comes, and the officer in charge of the police station, SHO Khadim Hussain.

I am sure that the brother-in-law of the victim, Mr. Imtiaz Ahmed was very distressed when he stated that Mr. Qudoos' was brutally tortured during interrogations, causing severe internal injuries. He accused the police that when the teacher was released the police threatened the family members to hush up the matter. According to Mr. Imtiaz Mr. Qudoos was admitted to a local hospital where he died due to excessive loss of blood.

How can the police expect anyone to believe that a man could be kept in a police station for 35 days and continuously tortured and the SHO and other high officials including the DSP of the concerned police station knew nothing about the incident. This criminal act by the district police has been covered up under guise of releasing the prisoner to hide the illegal and supra constitutional behavior of the police.

It is also incredible to learn that the Punjab government has yet not started any investigation in to the incident of arbitrary detention, torture and misuse of police power against the concerned police officers. It is a very well known fact the provincial government and particularly the provincial law minister have connections with Muslim fundamentalists groups and banned Islamic organizations who are very much against the Ahmadis and who have been involved in the killings of Ahmadis and Shias, the second largest Muslim sect.

I therefore urge you to conduct a judicial inquiry into the illegal detention and torture of a school teacher from Ahmadi sect and prosecute all the officials of the Chenab Nagar police station and DPO on the charges of torture and the murder of an innocent teacher. I also urge to unearth the torture cells from the police station and suspend all the police officers of the district until the completion of the judicial inquiry. Also please ensure the safety and security of the family members and see that a proper autopsy is conducted with the assistance of forensic experts.

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
Prime Minister House
Islamabad
PAKISTAN
Fax: +92 51 922 1596
Tel: +92 51 920 6111
E-mail: secretary@cabinet.gov.pk or pspm@pmsectt.gov.pk

3. Mr. Rehman Malik
Minister for Interior
R Block Pak Secretariat
Islamabad
PAKISTAN
Tel: +92 51 9212026 +92 51 9212026
Fax: +92 51 9202624
E-mail: ministry.interior@gmail.com or interior.complaintcell@gmail.com

4. 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: sarfraz_yousuf@yahoo.com

5. Mr. Lateef Khosa
Governor of Punjab
Governor House
Mall Road
Lahore
PAKISTAN
Fax: +92 42 99203044
Email: governor.sectt@punjab.gov.pk

6. Mr. Justice Sh. Azmat Saeed
Chief Justice of Punjab Province
Lahore High Court
Shahra-e-Quaid-e-Azam, Lahore
PAKISTAN
Tel: +92 42 99212951-66
Fax: +92 42 99212279
Email: webmasterlhc@lhc.gov.pk

7. Mr. Shahbaz Shareef
Chief Minister
Government of Punjab Province
Chief Minister Secretariat
5-Club Road
GOR-I, Lahore, Punnjab
PAKISTAN
Fax: +92 42 99205065
Email: cmcomplaintcell@cmpunjab.gov.pk

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


Thank you.

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

Document Type :
Urgent Appeal Case
Document ID :
AHRC-UAC-057-2012
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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.