PAKISTAN: Protect media from the onslaught of the military establishment

ASIAN HUMAN RIGHTS COMMISSION - URGENT APPEALS PROGRAMME

Urgent Appeal Case: AHRC-UAC-061-2014
ISSUES: Freedom of expression, Impunity, Rule of law,

Dear friends,

The Asian Human Rights Commission (AHRC) has received information that the Pakistan Electronic Media Regulatory Authority (PEMRA) has issued a show cause notice to the Geo Television for the cancellation of its license on the instructions of the Ministry of Defence, initiated by the Inter Services Intelligence (ISI), an illegal spy agency of the armed forces. The ISI with the help of army personnel has stopped the broadcasting of Geo TV in all the cantonment areas of the country. There are reports that the ISI has forced the cable operators in different parts of the country to stop carrying the channel. The circulation of the daily Jang and daily The News of the Geo group were also stopped all over the country and cantonment areas.

The ISI and army are threatening the journalists who are protesting against the attack on Geo’s anchor, Hamid Mir, and have started a smear campaign. The purpose of the action by the military and its establishment against Geo TV is to send a clear message to the media houses in general that if they cross their limits and criticise the military institutions and their officers they would face severe consequences.

Please sign the Urgent Appeal to show solidarity with the media in general which is under direct threat from the ISI and also thwart the evil designs of the military and its organisations against the freedom of expression.

CASE NARRATIVE:

Mr. Hamid Mir, the renowned anchor person of Geo TV, was attacked by two unknown persons at the vicinity of Karachi Airport on 19 April during the tight security for the arrival of former president General Musharraf from Islamabad. He was badly injured by six bullets and his family members, including his brother, has accused the ISI and its chief Lieutenant General Zaheerul Islam of being behind the attack. Some two weeks earlier Hamid Mir himself wrote letters to different human rights organisations, the international journalist bodies including the Committee to Protect Journalists (CPJ) and Journalist Without Borders, and also to the Prime Minister of Pakistan that he was facing threats to his life from the ISI chief and the organisation. He brought to the notice of the prime minister that in the coming days he would be attacked and might lose his life; in which case the sole responsibility would be on the ISI and its chief, General Islam.

After the attack the Geo channel broadcast the accusation of Mir’s brother that the ISI conducted the failed assassination attempt and that General Islam was involved. The Geo has also shown the photograph of the General during the coverage of the incident. The military establishment was angry at the news and the accusation against its General. The Inter Services Public Relations office of the armed forces came out with a statement and threatened the media house and journalist. In it they said that baseless allegations against government institutions will not be taken lightly and that stern action will be taken against the elements who blame the ISI. He said that Hamid Mir was attacked by miscreants who do not want peace to prevail in the country. He also said that pointing fingers at the military organisations is tantamount to defamation.

After the attack on Mir the journalist community and other media houses started a country-wide protest against the attack. Different sections of civil society including the bar associations also showed their anger against the attack on a well known journalist. The civil society was well aware about the killing and disappearances from the ISI therefore, they also believed that the ISI must be involved in the attack. A wide discussion started in the country about the alleged criminal role of the ISI and the state intelligence agencies. During the debate people were asking about its legal position and it was found that the ISI does not have any legal basis and is therefore an illegal organisation. It was also discussed that many journalists were also killed by the ISI and before their death they have apprehended that they would be killed by the spy agency.

To punish the people for using their freedom of expression and their right to discuss openly about the secret agencies, the army establishment stopped the broadcasting of the Geo TV and pressured the local newspaper hawkers not to circulate the newspapers of the Jang group, the parent body of the Geo TV. All the cantonment areas in the country have been directed not to allow Jang newspapers in their areas and also the cable operators were threatened with dire consequences if they carried the Geo TV broadcasts.

The different television channels were also forced to condemn the Geo TV and accuse it of being a traitor and Indian agent otherwise their licenses will be cancelled. The illegal spy agency also directed the Ministry of Defence and its federal minister to file a case for the cancellation of its license to PEMRA. The Ministry asked PEMRA to cancel the license of Geo within 24 hours of the receipt of the application. However, PEMRA refused to follow the illegal request and called the management of GEO to give its arguments within 15 days.

PEMRA is an incomplete body which does not have its Chairperson and a retired police officer is assigned as its acting chairperson. It also does not have actual numbers of its executive members which is very easy for the military to force the incomplete body to give a judgment in favour of the ISI and the military establishment.

The army and its intelligence agencies always behave as if they are above the law and they can do anything with impunity. If the role of their working is discussed they term it as being disloyal to the country

ADDITIONAL INFORMATION:

Mr. Hamid Mir has been criticising the ISI, the Frontier Corp and the military intelligence agency (MI) for their involvement in enforced disappearances, extrajudicial killings of missing persons and the worst situation of Balochistan at different forums besides at GEO TV in his programme of Capital Talk. Some weeks ago he had meetings with the chief of the ISI in the presence of some journalists and therein the chief of the ISI, General Islam threatened him. Mir was so disturbed that he immediately rushed to the Prime Minister’s office and submitted an application mention that his life had been threatened by the ISI.

There are examples of journalists like Hyatullah, Musa Khel and many from Balochistan who were killed after their disappearances by the powerful intelligence agencies of the army. A prominent journalist, Umer Cheema, was also abducted by the intelligence agency, the ISI, severely tortured and sodomised by army officials. But, as is typical where the military are concerned, no perpetrator has ever been prosecuted nor has any enquiry been concluded.

Mr. Umer Cheema, a senior journalist at The News International, a daily newspaper based in Islamabad, was kidnapped, tortured and humiliated for six hours on 4 September, 2010. He was picked up in cloak-and-dagger style in the early hours by men in commando uniforms and driven to a “safe house”. Here unknown persons took over; he was beaten black and blue, humiliated beyond comprehension, he was made to strip off his clothes, hung upside down and remained in the illegal custody for hours. Finally, he was thrown out on the roadside at Talagang, 120 kilometres from Islamabad with a shaved head and a threatening message for Ansar Abbasi, the head of the newspaper’s investigative section. In the murder of Hyatullah Khan, a judicial commission was formed which came out with the opinion that the secret agencies of the military were involved. However, the government has not made the report public and when the widow of Hyatullah Khan began to pursue the case she was also murdered and the ISI was given immunity.

In all the cases of disappearances and the extra judicial killings of the missing person the family members have accused ISI for arresting them and keeping them in the torture cells. The Supreme Court has in different cases of missing persons accused the intelligence agencies are involved in disappearances and many times asked their officers to present themselves before the court. However the arrogant officers of the intelligence agencies never respected the orders of the courts and humiliated the judge of highest judicial office.

The Abbottabad Commission, constituted by the Supreme Court after the killing of Osama bin Laden in a covert CIA operation, had called for comprehensive reforms to improve the working of intelligence community, both in terms of effectiveness and respecting human rights and the rule of law.

Former Supreme Court judge Justice Javaid Iqbal headed the commission while its members included Lieutenant-General (retired) Nadeem Ahmad, former Pakistani envoy Ashraf Kazi, civil servant Nargis Sethi and former Inspector-General of KP Police Abbas Khan.

The Judicial Commission on Saleem Shahzad case had recommended the accountability of intelligence agencies through legislation noting that currently the ‘legal and organisational foundations of the two major agencies (ISI and IB) rest on mere executive orders.’ The commission stressed on ‘an urgent need for laying down a comprehensive statutory framework’ for them.

Terming it ‘high time’ to bring the agencies under legal framework, the commission had recommended their accountability at three levels: within the agency and before the minister-in-charge; before a parliamentary committee; and before a judicial forum. Defining the role of agencies, the commission said they must be kept at a distance from ‘press censorship, liaising with political parties and the conduct of foreign policy.’

SUGGESTED ACTION:

Please write the letters to the authorities calling them to stop the attempt by the military establishment to strangulate the freedom of the press and expression by taking strong action against the Geo TV. The military and the ISI must be ordered to stop illegal actions of trying to prevent the coverage by Geo TV and the print media of the Jang group.

If the military are adamant about closing down Geo TV an inquiry should be conducted by a high judicial commission. During such an inquiry the chief of the ISI should be suspended until the findings of the commission are made known.

The AHRC writes a separate letter to the UN Special Rapporteur on the Question of Freedom of Expression calling for his intervention into this matter.

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

SAMPLE LETTER

Dear ___________,

PAKISTAN: Protect media from the onslaught of the military establishment

Name of victim: Mr. Hamid Mir, anchor person from Geo TV, Karachi, Sindh province
Geo Television, Mohammad Bin Qasin Road, off I.I. Chundrigar Road, Karachi, Sindh province
Names of alleged perpetrators: Lieutenant General Zaheerul Islam, chief of the ISI Islamabad, Inter Services Intelligence (ISI) Islamabad, 
Date of incident: 19 April, 2014
Place of incident: Karachi, Sindh province

I am writing to voice my deep concern regarding the smear campaign of the military establishment against the Geo Television channel. The purpose of the cancellation of the licence of the television channel is to send a loud message to the media and to strangle the freedom of expression which was achieved after the long struggle of political parties and the civil society.

I suggest that it would be a severe blow to democracy and freedom of expression if the military is able to achieve its goal of closing down the channel.

According to the information I have received, Mr. Hamid Mir, the renowned anchor person of Geo TV, was attacked by two unknown persons at the vicinity of Karachi Airport on 19 April during the tight security for the arrival of former president General Musharraf from Islamabad. He was badly injured by six bullets and his family members, including his brother, has accused the ISI and its chief Lieutenant General Zaheerul Islam of being behind the attack. Some two weeks earlier Hamid Mir himself wrote letters to different human rights organisations, the international journalist bodies including the Committee to Protect Journalists (CPJ) and Journalist Without Borders, and also to the Prime Minister of Pakistan that he was facing threats to his life from the ISI chief and the organisation. He brought to the notice of the prime minister that in the coming days he would be attacked and might lose his life; in which case the sole responsibility would be on the ISI and its chief, General Islam.

After the attack the Geo channel broadcast the accusation of Mir’s brother that the ISI conducted the failed assassination attempt and that General Islam was involved. The Geo has also shown the photograph of the General during the coverage of the incident. The military establishment was angry at the news and the accusation against its General. The Inter Services Public Relations office of the armed forces came out with a statement and threatened the media house and journalist. In it they said that baseless allegations against government institutions will not be taken lightly and that stern action will be taken against the elements who blame the ISI. He said that Hamid Mir was attacked by miscreants who do not want peace to prevail in the country. He also said that pointing fingers at the military organisations is tantamount to defamation.

After the attack on Mir the journalist community and other media houses started a country-wide protest against the attack. Different sections of civil society including the bar associations also showed their anger against the attack on a well known journalist. The civil society was well aware about the killing and disappearances from the ISI therefore, they also believed that the ISI must be involved in the attack. A wide discussion started in the country about the alleged criminal role of the ISI and the state intelligence agencies. During the debate people were asking about its legal position and it was found that the ISI does not have any legal basis and is therefore an illegal organisation. It was also discussed that many journalists were also killed by the ISI and before their death they have apprehended that they would be killed by the spy agency.

It is appalling that in order to punish the people for using their freedom of expression and their right to discuss openly about the secret agencies the army establishment stopped the broadcasting of the Geo TV and pressured the local newspaper hawkers not to circulate the newspapers of the Jang group, the parent body of the Geo TV. All the cantonment areas in the country have been directed not to allow Jang newspapers in their areas and also the cable operators were threatened with dire consequences if they carried the Geo TV broadcasts.

I was shocked to learn that the different television channels were also forced to condemn the Geo TV and accuse it of being a traitor and Indian agent otherwise their licenses will be cancelled. The illegal spy agency also directed the Ministry of Defence and its federal minister to file a case for the cancellation of its license to PEMRA. The Ministry asked PEMRA to cancel the license of Geo within 24 hours of the receipt of the application. However, PEMRA refused to follow the illegal request and called the management of Geo to give its arguments within 15 days.

It is strange that the inquiry is being conducted by PEMRA which is an incomplete body that does not have its Chairperson and a retired police officer is assigned as its acting chairperson. It also does not have actual numbers of its executive members which is very easy for the military to force the incomplete body to give a judgment in favour of the ISI and the military establishment.

It is no longer a secret to anyone that the army and its intelligence agencies always behave as if they are above the law and they can do anything with impunity. If the role of their working is discussed they term it as being disloyal to the country

I therefore urge you to stop the attempt by the military establishment to strangulate the freedom of the press and expression by taking strong action against the Geo TV. The military and the ISI must be ordered to stop illegal actions of trying to prevent the coverage by Geo TV and the print media of the Jang group.

I also urge you that if the military are adamant about closing down Geo TV it would be a disaster for democracy and also for freedom of the expression and the media. Therefore all the matters concerning the Geo TV and Hamid Mir should be left with a judicial commission which was appointed by the Supreme Court of Pakistan for the probe of the attack on Hamid Mir.

The government must withdraw the application filed by the Ministry of Defence for the cancellation of the license of Geo TV submitted to PEMRA.

I also urge you to ensure that during the probe by the judicial commission that until its finding are made public the chief of the ISI, General Islam, should be suspended otherwise he and his institution will influence the process of fair trial and the transparency of the inquiry.

I look forward to your kind action.

Yours sincerely,

———————————————–
PLEASE SEND YOUR LETTERS TO:

1. Secretary General Ban Ki-moon
United Nations
New York, NY 10017 USA
Tel.: No.: +212 963-5012 fax: +212 963-7055
Email: ecu@un.org

2. Mr. Mamnoon Hussain
President of Pakistan
President’s Secretariat
Islamabad
PAKISTAN
Tel: +92-51-9204801-9214171
Fax: +92-51-9207458
Email: publicmail@president.gov.pk

3. Mr. Mian Nawaz Sharif
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

4. Chaudhry Nisar Ali Khan
Federal Minister for Interior
R Block, Pak Secretariat
Islamabad (Pakistan)
Tele : 0092-51-9212026
Fax: 0092-51-9202624
Email Address: interior.complaintcell@gmail.com
ministry.interior@gmail.com

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

6. Syed Qaim Ali Shah
Chief Minister of Sindh,
Karachi, Sindh Province
PAKISTAN
Fax: +92 21 920 2000
Email: pressecy@cmsindh.gov.pk

7. Chief Justice of Sindh High Court
High Court Building
Saddar, Karachi
Sindh Province
PAKISTAN
Fax: +92 21 9213220

 

Thank you.

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

Document Type : Urgent Appeal Case
Document ID : AHRC-UAC-061-2014
Countries : Pakistan,
Issues : Freedom of expression, Impunity, Rule of law,