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PAKISTAN: The groom of a love marriage is unjustly jailed while his wife, father and brother are missing after their violent abduction by his in-laws

July 7, 2009

ASIAN HUMAN RIGHTS COMMISSION – URGENT APPEALS PROGRAMME

Urgent Appeal Case: AHRC-UAC-076-2009



8 July 2009
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PAKISTAN: The groom of a love marriage is unjustly jailed while his wife, father and brother are missing after their violent abduction by his in-laws

ISSUES: Abduction; police negligence; torture
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Dear friends,

The Asian Human Rights Commission has learned that a young woman who married freely last summer remains missing, along with her husband's father and brother, after they were seen being abducted in October last year. According to the groom's family no investigation into their disappearance has been carried out. Before her abduction the bride had taken out restraining orders against her relatives (which include a Major Zia Ullah) and the Sargodha police, as well as defending various allegations against her and her husband in court, though her husband was still arrested and is now in remand prison. Shortly after the groom's father and brother were allegedly abducted and tortured by their in-laws, the bride was taken from her place of hiding and they have not been seen since. The case involves a gross miscarriage of justice and numerous violations on the part of the local police. The AHRC is extremely concerned for the safety of the missing persons.

CASE DETAILS: (According to a local NGO and other related sources)

According to information from the Star Welfare Organisation in Sargodha, Punjab, Miss Sajida Bibi, 22 (of Sargodha), freely married Mr. Mohammad Arshad, 28 (of Shekhupura), on June 13, 2008 in a Shekhupura civil court. The woman's parents were against the marriage and Sajida Bibi left the house after being seriously threatened by them. She then filed a restraining order against her family under sections 22A and 22B of the criminal procedure code in the court of the Shekhupura Sessions Judge, about 150km from her hometown.

On June 18, two days before the decision of the court, her father, Mr. Saad Ullah, her uncle Mr. Ahmed Khan and others allegedly tried to kidnap her from the court premises, but failed. The order was granted and they were legally barred from harassing her further. It should be noted that Sajida Bibi's first cousin is an influential army officer, Major Zia Ullah Khan of Rawalpindi Garrison.

Shortly after this case Sargodha police officers started threatening the couple. The bride again filed a case for protection before the Lahore high court on July 27, 2008 and on August 6 the court of Justice Saifur Rehman passed an order restraining Sargodha officers from harassing the pair.

Ahmed Khan, the bride's uncle, then lodged a First Information Report (FIR: an official document for further legal proceedings) against the groom, the groom's father Mohammad Aslam and his younger brother on August 13 in Cantt police station, Sargodha, claiming that they kidnapped Sajida Bibi. Khan also claimed that his daughter was already married and that she should therefore be punished under Hudood laws.
Arshad was arrested but his wife recorded a statement in his defence under section 164 of the criminal procedure code before Mr. Naeem Iqbal Syed, Special Judicial Magistrate, of Zila Kuchery, Lahore.
On October 23 before Mr. Jamshed Mubarak Bhatti, civil judge of Lahore in a family court, she then filed a case of defamation against her uncle and against a Fateh Khan, a Sub-Inspector who was allegedly claiming to be her husband, and whose brother (Inspector Nasr Ullah of the Lahore police) was also harassing her.

Two days later the father and brother of her husband (Aslam, son of Mohammad Liaquat Ali, and brother, Tahir, 22) were reportedly abducted by Saijida Bibi's father, uncle, cousin (Major Zia Ullah) and Inspector Nasr Ullah. According to witnesses they were taken from the Solang Wala Dera bus stop at around 8pm on October 25 in two cars, one of which was black with the registration number MI 1432, from Shekhupura.
Sajida Bibi had gone into hiding after her husband's arrest, but on October 27 we are told that Saijida Bibi, along with the two badly beaten abducted men, was taken from her place of hiding by her uncle and father. The three have been missing since.

On October 28 the groom’s mother, Mrs. Zetoon Bibi, lodged FIR 1112/08 for the abduction of her husband, her son and her daughter-in-law in Cantt police Station. Since the alleged kidnappers have powerful connections among the police and military she is concerned that they have been, or will soon be killed. Zetoon Bibi has written more than a dozen letters to authorities, particularly the Punjab provincial government; she has not yet even received a reply.

SUGGESTED ACTION:

Please write to the relevant authorities urging them to find and secure the safe release of Mohammad Arshad’s father, brother and his wife. The charges of forced marriage against him should be thoroughly investigated and if found to be fabricated, should be dropped. Please also demand that disciplinary and legal action be taken against the police and army officials involved in the harassment of these victims, and later, in the neglect of their case.

The AHRC has written to the UN Working Group on Enforced or Involuntary Disappearances for its urgent intervention into this case.


To support this appeal please click here:
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SAMPLE LETTER:

Dear __________,

PAKISTAN: The groom of a love marriage is unjustly jailed while his wife, father and brother are missing after their violent abduction by in-laws

Name of victims:
1. Mr. Mohammad Arshad, 29, son of Mohammad Aslam, Resident of Basti Qadirabad, Jandiala, Sher Khan Thana, Tehsil, Shekhupura, Punjab province.
Married to Sajida Bibi on June 13, 2008, arrested on August 13 and currently in Sargodha prison
2. Ms. Sajida Bibi, 23, bride of Arshad, resident of Basti Qadirabad, Jandiala, Sher Khan Thana,
Tehsil, Shekhupura, Punjab province.
Missing since October 25, 2008 after being abducted by relatives.
3. Mr. Mohammad Aslam, son of Liaquat Ali and father of Mohammad Arshad, resident of Basti Qadirabad, Jandiala, Sher Khan Thana, Tehsil, Shekhupura, Punjab province.
Abducted on October 23, 2008 and missing.
4. Mohammad Tahir, son of Mohammad Aslam, resident of Basti Qadirabad, Jandiala, Sher Khan Thana, Tehsil, Shekhupura, Punjab province.
Abducted on October 23, 2008 and missing since.

Name of alleged perpetrators:
1. Mr. Saad Ullah Khan
Father of Sajida Bibi, resident of Moza Chadro, Tehsil, Essa Khel, Mianwali, Punjab province.
2. Mr. Ahmed Khan son of Rab Nawaz,
Uncle of Sajida Bibi, resident of house number 260, Gali number 29, old civil lines, near Cantt police station, Sargodha, Punjab
3. Major Zia Ullah Khan son of Shah Alam Khan, first cousin brother of Sajida Bibi, resident of Rawalpindi Cantonment, Punjab province
4. Inspector Nasr Ullah Khan, Punjab police, resident of Lahore, Punjab province
5. Dsitrict Police Officer, Sargodha district, Punjab province
6. Station House officer (SHO), Police station Cantt Sargodha, Punjab province
7. Fateh Khan, Sub-Inspector (I.O.), Police station Cantt Sargodha, Punjab province

Date of incident: 25 October 2008
Place of incident: Solag wala Dera bus stop in Shekhupura

I am shocked to hear that a young woman who married freely last summer remains missing, along with her husband's father and brother, after they were seen being abducted in October last year by her relatives. According to the groom's family no investigation into the disappearance of the three has been carried out.

Before her abduction the bride had taken out restraining orders against her relatives (which include a Major Zia Ullah) and the Sargodha police, as well as defending various allegations against her and her husband in court – including one claiming that she was forced into marriage, and another claiming her to already be married. Despite her efforts her husband was still arrested and is now in remand prison.

Shortly after, the groom's father and brother were allegedly abducted by the bride's father, uncle, cousin (Major Zia Ullah) and Inspector Nasr Ullah. According to witnesses they were taken from the Solang Wala Dera bus stop at around 8pm on October 25 in two cars, one of which was black with the registration number MI 1432, from Shekhupura. The bride had gone into hiding after her husband's arrest, but on October 27 we are told that Saijida Bibi, along with the two badly beaten abducted men, was taken from her place of hiding by her uncle and father. The three have been missing since.

The case indicates a gross miscarriage of justice and numerous violations on the part of the local police. On October 28 the groom’s mother, Mrs. Zetoon Bibi, lodged FIR 1112/08 for the abduction of her husband, her son and her daughter-in-law in Cantt police Station. Since the alleged kidnappers have powerful connections among the police and military she is concerned that they have been, or will soon be killed. Zetoon Bibi has written more than a dozen letters to authorities, particularly the Punjab provincial government; she has not yet even received a reply. The AHRC is severely concerned for the safety of the missing persons.

An immediate operation, is needed to find and secure the safe release of Mohammad Arshad’s father, brother and his wife, Mr. Mohammad Aslam, Mohammad Tahir and Ms. Sajida Bibi. The charges of forced marriage against him should be thoroughly investigated and if found to be fabricated, should be dropped. Disciplinary and legal action also needs to be taken against the police, government and army officials involved in the harassment of these victims or later, in the neglect of their case.

The AHRC has written to the UN Working Group on Enforced or Involuntary Disappearances for their urgent intervention into this case.

I look forward to your action in this matter.

Yours sincerely,
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PLEASE SEND YOUR LETTERS TO:

1.Mr. Syed Yousaf Raza Gillani
Prime minister
Prime Minister House, Islamabad,
PAKISTAN
Fax: +92 51 922 1596
Tel: +92 51 920 6111

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

3. Mr. Mian Shahbaz Sharif
Chief Minister of Punjab
H-180 Model Town, Lahore
PAKISTAN
Fax: +92 42 5881383

4. Minister of Law
Government of Punjab
Punjab Secretariat
Ravi Road
Lahore
PAKISTAN
E-mail: law@punjab.gov.pk

5. Chief Secretary of Government of Punjab
Punjab Secretariat
Lahore
PAKISTAN
Fax: +92 42 7324489
E-mail: chiefsecy@punjab.gov.pk

6. Mr. Salman Taseer
Governor of Punjab
Governor House
Mall Road, Lahore
PAKISTAN

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


Thank you.

Urgent Appeals Programme
Asian Human Rights Commission (ua@ahrchk.org)



Document Type :
Urgent Appeal Case
Document ID :
AHRC-UAC-076-2009
Countries :
Issues :
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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.