PAKISTAN: Call for action against district police officers in gang rape of constable’s daughter

ASIAN HUMAN RIGHTS COMMISSION - URGENT APPEALS PROGRAMME

Urgent Appeal Case: AHRC-UAC-073-2017
ISSUES: Administration of justice, Impunity, Police violence, Sexual violence, Threats and intimidation, Victims assistance & protection, Violence against women, Women's rights,

Dear Friends,

The Asian Human Rights Commission (AHRC) has received information regarding the gang rape of a constable’s daughter by influential persons. The district police of Jacobabad, Sindh province, are trying to protect the perpetrators. They have tampered with evidence and are making it difficult for the victim’s family to seek justice. At the same time, the accused persons are pressuring the family to seek justice through a jirga, rather than through the court system.

CASE NARRATIVE: (Information provided by Aurat Foundation, Karachi)

On 12 May 2017, a 16- year- old girl, Miss A, (real name withheld) was going for tuition with her younger sister when four armed persons in a car kidnapped her. They took her to a private house and gang raped her, warning her to keep her mouth shut.

Her father, Police Constable Rehmatullah Udho, resident of Jacobabad, Sindh, has been working in the Sindh police department for the last 24 years.

Miss A managed to escape after one night and reached the Civil Lines police station, Jacobabad. However, Sub Inspector Liaquat Ali Lashari, the Station House Officer (SHO) of Civil Lines police station, kept her in police lock up for two more nights, and demanded Rupees 50 thousand from her father to register the FIR.

As reported by Miss A’s father, many girls of the college are harassed by the hooligans belonging to Jakhrani and Rind tribes. The boys tease and harass the girls right outside the college, making it difficult for the girls to commute to and from the college alone. Miss A herself was being harassed and stalked by Naeem Jakhrani, Amanullah Rind and Nasrullah for the past one year. Fearing that her parents would not allow her to go to college and that she will have to discontinue her education, she did not disclose the harassment to her parents.

When the kidnapper realized the girl has escaped, he approached Shafaqat Jakhrani, the brother of Provincial Minister for Population Welfare, Mumtaz Jakhrani. Mumtaz allegedly assured the kidnappers of his assistance, and advised them to flee the area immediately. He also approached the Civil Lines SHO, telling him not to hand over the girl to her parents, and keep her in police custody for as long as possible.

The accused persons are politically influential and economically strong, and have given heavy bribes to the SHO, which is why he failed to register an FIR and did not present the girl in the court. Finally, after receiving Rs. 5000 from the poor father, he presented the girl in court.

On 15 May 2017, Miss A was presented before District and Sessions Judge Irfan Ahmed Mayo. Fortunately for the victim, the judge reprimanded the SHO for keeping the girl in his custody without lodging an FIR. He ordered the SHO to immediately file an FIR and present it before him. Three days after the incident, the FIR was registered at the order of the court.

However, the Judge did not take any further action against the SHO for keeping the girl in custody illegally.

The Jacobabad police have arrested one alleged rapist, Nasrullah Abro, but did not arrest the main accused person, Naeem Jakhrani and his accomplices. The accused continue to benefit from the abuse of power by the national and provincial assembly members. These MNAs and MPAs are putting immense pressure on the police to prevent the victim from seeking justice. The MNAs and MPAs are from the ruling party of the province, the Pakistan Peoples Party. 

Due to the strong political influence of the Jakhrani tribe, the police also tampered with the evidence. The police officer at the Civil Lines police station did not get Miss A’s medical examination done till May 16, four days after the rape. Furthermore, the samples for chemical examination were not taken properly and were sent after a lapse of 15 days to the laboratory of Liaquat Hospital, Hyderabad district, which is 300 kilometers away from the place of incident. The SHO also took away and subsequently destroyed the victim’s clothes that she was wearing at the time of the crime.

About two months have passed, but the medical report is not yet shared with the hospital and the DNA test has also not been conducted. The SHO is demanding a Rs. 30 000 bribe for it. The father is afraid that the SHO might tamper with the report, as he has received heavy bribe from the accused persons.

The political figures are also pressuring the victim’s family to settle the dispute through a jirga, an illegal justice system of the tribal leaders, rather than going through the courts.

Constable Rehmatullah, Miss A’s father, is demanding an inquiry against the SHO. While the Constable is also part of the police department, he is unable to obtain any relief from it.

ADDITIONAL INFORMATION:

This is not an isolated case, but an everyday occurrence in Jacobabad. Gangs of boys from politically influential families stand outside Jacobabad College, harassing, stalking and blackmailing girls on a regular basis. This creates a hostile environment, where girls feel unsafe in schools and are unable to access basic education. Miss A’s cousins have been forced to discontinue their education as their parents fear a similar fate for them.

Women in Pakistan continue to be prey to jirgas, a parallel justice system held by the influential and landed aristocracy. Rape victims and their parents are forced by jirgas to make out of court settlements, or otherwise the rape survivors will be declared as Kari, liable to be killed by anyone. In the latest such event, a jirga forced the parents of a 12-year-old girl to accept a Rupees 1.8 million settlement. In another case, when a settlement could not be reached with the family of a 19-year-old girl, the jirga declared her Kari and sentenced her to death by stoning or to be sold off.
As it is often the perpetrator of the crime who calls on the jirga, it is assumed that the alleged perpetrator is innocent. Moreover, the party with higher social and economic standing gets away with all manner of crimes, leaving the victims high and dry.

SUGGESTED ACTION:

Please send letters to the authorities listed below calling on them to provide safety and security to Miss A and her family. Please urge them to arrest and prosecute all the alleged rapists, as well as Sub Inspector Liaquat Ali Lashari, for facilitating the accused persons to get away from the law. The police officers must be instructed to send the reports of rape and DNA as required by the Liaquat Hospital Hyderabad. An inquiry should also be initiated against senior police officers for their negligence in the case of gang rape and for supporting the influential and political personalities to use the police for their crimes. Finally, please request the authorities to stop the hooliganism from outside the girls schools and colleges, and ensure their right to education is unhindered.

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 case, please click here: SEND APPEAL LETTER

SAMPLE LETTER

Dear ___________,

PAKISTAN: Call for action against district police officers in gang rape of constable’s daughter

Name of victims:
1. Miss A,16, daughter of Rehmat Ullah Udho, police constable at City Thana, Jacobabad, 
2. Rehmat ullah Udho Police Constable, Police Station, City Thana, Jacobabad, Sindh- Postal Address: C/O Manager, National Bank of Pakistan, Quaid e Azam Road, Jacobabad Branch.
Names of alleged perpetrators:
1. Sub Inspector Liaquat Ali Lashari, the SHO of civil lines police station, Jacobabad
2. Mr. Naeem son of Masoum alias Sharbat Jakhrani, Resident of Jafferabad Mohalla, Jacobabad
3. Amanullah son of Ghaibi Khan Rind, Resident of Family line, Jacobabad
4. Nasrullah son of unknown, Resident of Jafferabad Mohallah Jacobabad
5. Saima daughter of Lal Dino Malik, Resident of ADC colony, Jacobabad

Date of incident: 12 May 2017
Place of incident: Jacobabad city, Jacobabad district, Sindh

I am writing to voice my deep concern regarding the gang rape of a constable’s daughter by influential persons. The district police of Jacobabad, Sindh province, are trying to protect the perpetrators. The Additional Session judge did not take action against the in charge of police station for keeping the minor illegally for two days, to obtain a bribe from her father for filing the case. He also tampered with the evidence, making it difficult for the aggrieved family to seek justice.

The life of the victim and her family members are in imminent danger from the provincial minister and police of the district.

According to the information I received, on 12 May 2017, a 16- year- old girl, Miss A, (real name withheld) was going for tuition with her younger sister when four armed persons in a car kidnapped her. They took her to a private house and gang raped her, warning her to keep her mouth shut.

Her father, Police Constable Rehmatullah Udho, resident of Jacobabad, Sindh, has been working in the Sindh police department for the last 24 years. 

I am shocked to see how the police make money on the serious crimes, miss A managed to escape after one night and reached the Civil Lines police station, Jacobabad. However, Sub Inspector Liaquat Ali Lashari, the Station House Officer (SHO) of Civil Lines police station, kept her in police lock up for two more nights, and demanded Rupees 50 thousand from her father to register the FIR. 

As I know that Jacobabad is one of the main strong holds of ruling party of the Sindh, the elected representatives do allow alleged rapists to freely move in the district. As reported by Miss A’s father, many girls of the college are harassed by the hooligans belonging to Jakhrani and Rind tribes. The boys tease and harass the girls right outside the college, making it difficult for the girls to commute to and from the college alone. Miss A herself was being harassed and stalked by Naeem Jakhrani, Amanullah Rind and Nasrullah for the past one year. Fearing that her parents would not allow her to go to college and that she will have to discontinue her education, she did not disclose the harassment to her parents. 
I am appalled to see that the one member of national assembly of Pakistan people Party is behind protection of alleged rapists. When the kidnapper realized the girl has escaped, he approached Shafaqat Jakhrani, the brother of Provincial Minister for Population Welfare, Mumtaz Jakhrani. Mumtaz allegedly assured the kidnappers of his assistance, and advised them to flee the area immediately. He also approached the Civil Lines SHO, telling him not to hand over the girl to her parents, and keep her in police custody for as long as possible. 

The accused persons are politically influential and economically strong, and have given heavy bribes to the SHO, which is why he failed to register an FIR and did not present the girl in the court. Finally, after receiving Rs. 5000 from the poor father, he presented the girl in court. 

On 15 May 2017, Miss A was presented before District and Sessions Judge Irfan Ahmed Mayo. Fortunately for the victim, the judge reprimanded the SHO for keeping the girl in his custody without lodging an FIR. He ordered the SHO to immediately file an FIR and present it before him. Three days after the incident, the FIR was registered at the order of the court. 

It is also shocking for me that the Judge did not take any further action against the SHO for keeping the girl in custody illegally. This is because the judge think the concerned police officer is the man of ruling party of the Sindh and he can be transferred or removed.

The Jacobabad police have arrested one alleged rapist, Nasrullah Abro, but did not arrest the main accused person, Naeem Jakhrani and his accomplices. The accused continue to benefit from the abuse of power by the national and provincial assembly members. These MNAs and MPAs are putting immense pressure on the police to prevent the victim from seeking justice. The MNAs and MPAs are from the ruling party of the province, the Pakistan Peoples Party. 

Due to the strong political influence of the Jakhrani tribe, the police also tampered with the evidence. The police officer at the Civil Lines police station did not get Miss A’s medical examination done till May 16, four days after the rape. Furthermore, the samples for chemical examination were not taken properly and were sent after a lapse of 15 days to the laboratory of Liaquat Hospital, Hyderabad district, which is 300 kilometers away from the place of incident. The SHO also took away and subsequently destroyed the victim’s clothes that she was wearing at the time of the crime.

About two months have passed, but the medical report is not yet shared with the hospital and the DNA test has also not been conducted. The SHO is demanding a Rs. 30 000 bribe for it. The father is afraid that the SHO might tamper with the report, as he has received heavy bribe from the accused persons.

The political figures are also pressuring the victim’s family to settle the dispute through a jirga, an illegal justice system of the tribal leaders, rather than going through the courts.

Constable Rehmatullah, Miss A’s father, is demanding an inquiry against the SHO. While the Constable is also part of the police department, he is unable to obtain any relief from it.

I, therefore, urge you to provide safety and security to Miss A and her family. I also urge;
1. To arrest and prosecute all the alleged rapists, as well as Sub Inspector Liaquat Ali Lashari, for facilitating the accused persons to get away from the law. 
2. The police officers must be instructed to send the reports of rape and DNA as required by the Liaquat Hospital Hyderabad. 
3. An inquiry should also be initiated against senior police officers for their negligence in the case of gang rape and for supporting the influential and political personalities to use the police for their crimes. 
4. Finally, to stop the hooliganism from outside the girls’ schools and colleges, and ensure their right to education is unhindered.

I trust that you will take action immediately
Thank you

 

Yours Sincerely,

……………….

PLEASE SEND YOUR LETTERS TO:

1. Mr. Mian Mohammad 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, pspm@pmsectt.gov.pk

2. Mr. Murad Ali Shah
Chief Minister of Sindh
The Government of Sindh Province 
Karachi, Sindh Province
PAKISTAN
Fax: +92 21 920 2000
Email: pressecy@cmsindh.gov.pk

3. Mr. Chaudhry Nisar Ali Khan
Minister 
Ministry of Interior of Pakistan
R Block, Pak Secretariat
Islamabad 
PAKISTAN
Tel: +92 51 9212026
Fax: +92 51 9202624
Email: interior.complaintcell@gmail.com, ministry.interior@gmail.com

4. Mr. Kamran Michael
Minister For Human Rights 
Through Secretary, Ministry of Human Right
ministry of human rights
State Life Building No. 5, Blue Area, Jinnah Avenue, China Chowk, 
Islamabad 
Tel: 051-9216620, 
Fax: 051-9216621,
Email: secretary@mohr.gov.pk

5. Mr. Tahir Shahbaz
Registrar
Supreme Court of Pakistan
Constitution Avenue, Islamabad
PAKISTAN
Fax: +92 51 9213452
Email: mail@supremecourt.gov.pk

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

7. Home Minister,
Government of Sindh
Barrack 79, Pakistan Secretariat
Near MPA hostel
Karachi, Sindh Province
PAKISTAN
Fax: +92 21 9204456
Tel: +92 21 9201920-1
E-mail: secy.home@sindh.gov.pk

8. Justice Majida Rizvi
Regional Directorate of Human Rights, 
Block no. 5, Sindh Secretariat No.4-A, Frere Road, Karachi.
Ph: 92-21-99205835 
Fax: 92-21-99205837
Email: justicerazvi@hotmail.com

Thank you.

Urgent Appeals Programme

Asian Human Rights Commission (ua@ahrc.asia)