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PAKISTAN/KASHMIR: Two women are abducted and three others are arrested as a result of a love marriage

July 9, 2009

ASIAN HUMAN RIGHTS COMMISSION – URGENT APPEALS PROGRAMME

Urgent Appeal Case: AHRC-UAC-079-2009



9 July 2009
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PAKISTAN/KASHMIR: Two women are abducted and three others are arrested as a result of a love marriage

ISSUES: Abduction; misuse of power; threat; women's rights; impunity
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Dear friends,

The Asian Human Rights Commission (AHRC) has received information that a couple who belong to different religious sects and who chose to marry freely are currently in hiding due to threats on their lives. The groom’s immediate family (his mother, father, sister and two brothers) were arrested on false charges, yet after the two women were released from custody they were abducted outside the courts and allegedly driven away in a police van. Their whereabouts are unknown, and the groom’s father and two brothers remain in prison. The case strongly indicates collusion between the bride's family, a provincial minister, and high ranking police, and the AHRC is extremely concerned for the wellbeing of those missing, arrested and in hiding.

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

According to Press for Peace, a local NGO in Muzaffarabad, Miss Firdous Shaheen, 22, who is a Shiite and belongs to a wealthy and influential family in Muzaffarabad, married Mr. Zamir Lone, 26, who is Sunni, in April 2009 without her parent’s knowledge. It should be noted that the lower plate of Muzaffarabad is predominately comprised of Shiites.

Shaheen’s family were reportedly very angry about the match, and her father Mr. Syed Hussain Shah Bukhari tried and failed to engage the support of Shiite neighbours in the sectarian affair. In response Shaheen recorded a confessional statement on 13 June (under section 164 of the criminal procedure code) before the civil court of Muzaffarabad, to say that she had willingly married Mr. Zamir Lone.

After this she left her father’s house and requested them not to follow or find her. Mr. Bukhari went to the police and lodged a First Information Report (FIR: an official document for further legal proceedings) against the groom and the groom’s family claiming that they abducted his daughter. The groom's father Bashir Lone, mother Rashida Lone, sister Rubina and two brothers Farooq and Mubsher were accused in the report, lodged on 14 June at Muzaffarabad police station.

According to our sources Mr. Bukhari also went to see Mr. Sabir Naqvi, superintendent of the Muzaffarabad commissioner's office, and Mr. Murtaza Gilliani, the provincial minister of Azad Kashmir, about this case. On the same day, June 14, Mr. Sabir Naqvi reportedly threatened the groom's father, claiming that if Shaheen didn't appear in 24 hours the whole family would be arrested. Later that day police raided the house of Zamir Lone, the groom, and arrested his father and two brothers. On June 29 his mother and sister, who had been in hiding, were detained. The mother and sister were granted bail before arrest, but the court denied Mr. Bashir and his two sons bail.

However according to witnesses, when Rashida and Rubina left the court on 29 June they were approached by officers and told to get into a nearby police van, in which Mr. Bukhari, the bride's father, was waiting. The van drove away and the whereabouts of the two women are unknown.

It has also been reported that the superintendent Naqvi, and the minister, Gilliani, have since started to threaten the groom' s eldest sister Ruheena who lives in London, in a bid to locate the hiding couple. They have told her that should Shaheen not be produced before her father, then her mother and sister will be killed. They have reportedly promised the release of all family members, from prison and from the unknown location, should Shaheen be given up. The case strongly indicates that the bride's family have used their political connections to influence the police and achieve the imprisonment and illegal abduction of their in-laws.

SUGGESTED ACTION:

Please write to the authorities concerned requesting that they immediately investigate the whereabouts of the missing women and secure their safe release, and conduct a thorough review of the charges against Bashir Lone, Farooq Lone and Mubsher Lone. The suspected police involvement in the abduction of the two women, and the station's connection with Mr. Bukhari and Mr. Murtaza Gilliani, the provincial minister of Azad Kashmir, must be thoroughly investigated for evidence of misconduct and rights violations.

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

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SAMPLE LETTER:

Dear __________,

PAKISTAN/KASHMIR: Two women are abducted and three others are arrested as a result of a love marriage

Name of victim:
1. Mr. Bashir Lone, father of the groom, Mr. Zamir Lone, detained in City police station, Muzzarafabad
2. Mrs Rashida, the mother of Zamir Lone, missing
3. Miss Rubina Lone, the sister of Zamir Lone, missing
4. Mr. Farooq Lone, the brother of the groom, detained in City police station, Muzzarafabad
5. Mr. Mubsher Lone, the brother of the groom, detained in City police station, Muzzarafabad
Name of alleged perpetrators:
1.Mr. Syed Husain Shah Bukhari, father of Miss Firdous Shaheen, the bride, resident of Lower Plate, near Madni Masjid, Muzaffarabad, Azad Kashmir
2. Mr. Murtaza Gillani, Provincial Minister of Azad Kashmir
3. Sabir Naqvi, Superintendent of the commissioner office at Muzaffarabad, Azad Kashmir
Date of incident: 29 June 2009
Place of incident: Muzaffarabad

I am writing to voice my deep concern for the welfare of two women who were illegally abducted on the 29 June in Muzaffarabad, allegedly with the assistance of police, and of three men who were arbitrarily arrested and remain in prison.

According to information I have received Miss Firdous Shaheen, 22, who is a Shiite and belongs to a wealthy and influential family in Muzaffarabad, married Mr. Zamir Lone, 26, who is Sunni, in April 2009 without her parent’s knowledge. It should be noted that the lower plate of Muzaffarabad is predominately comprised of Shiites.

Shaheen’s family were reportedly very angry about the match, and her father Mr. Syed Hussain Shah Bukhari tried and failed to engage the support of Shiite neighbours in the sectarian affair. In response Shaheen recorded a confessional statement on 13 June (under section 164 of the criminal procedure code) before the civil court of Muzaffarabad, to say that she had willingly married Mr. Zamir Lone.

After this she left her father’s house and requested them not to follow or find her. Mr. Bukhari went to the police and lodged a First Information Report (FIR: an official document for further legal proceedings) against the groom and the groom’s family claiming that they abducted his daughter. The groom's father Bashir Lone, mother Rashida Lone, sister Rubina and two brothers Farooq and Mubsher were accused in the report, lodged on 14 June at Muzaffarabad police station.

According to our sources Mr. Bukhari also went to see Mr. Sabir Naqvi, superintendent of the Muzaffarabad commissioner's office, and Mr. Murtaza Gilliani, the provincial minister of Azad Kashmir, about this case. On the same day, June 14, Mr. Sabir Naqvi reportedly threatened the groom's father, claiming that if Shaheen didn't appear in 24 hours the whole family would be arrested. Later that day police raided the house of Zamir Lone, the groom, and arrested his father and two brothers. On June 29 his mother and sister, who had been in hiding, were detained. The mother and sister were granted bail before arrest, but the court denied Mr. Bashir and his two sons bail.

However according to witnesses, when Rashida and Rubina left the court on 29 June they were approached by officers and told to get into a nearby police van, in which Mr. Bukhari, the bride's father, was waiting. The van drove away and the whereabouts of the two women are unknown.

It has also been reported that superintendent Naqvi, and the minister, Gilliani, have since started to threaten the groom' s eldest sister Ruheena who lives in London, in a bid to locate the hiding couple. They have told her that should Shaheen not be produced before her father, then her mother and sister will be killed. They have reportedly promised the release of all family members, from prison and from the unknown location, should Shaheen be given up. The case strongly indicates that the bride's family have used their connections to influence the police and achieve the imprisonment and illegal abduction of their in-laws.

The case indicates the extreme abuse of power by government officials, and the collusion that regularly occurs between such officials, powerful community members, and the police. It has become increasingly common for love marriage to take on this type of reprisal. The AHRC is extremely concerned for the wellbeing of those missing, arrested and in hiding.

I demand that you immediately launch an investigation into the whereabouts of the missing women and secure their safe release, and conduct a thorough review of the charges against Bashir Lone, Farooq Lone and Mubsher Lone. The suspected police involvement in the abduction of the two women, and the station's connection with Mr. Bukhari and Mr. Murtaza Gilliani, the provincial minister of Azad Kashmir, must be thoroughly investigated for evidence of misconduct and rights violations.

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 case.

Yours sincerely,

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PLEASE SEND YOUR LETTERS TO:

1. Mr. Asif Ali Zardari
President
President's Secretariat
Islamabad
PAKISTAN
Fax: + 92 51 922 1422, 4768/ 920 1893 or 1835
E-mail: (please see and post your appeal in the website - http://www.presidentofpakistan.gov.pk/WTPresidentMessage.aspx) Email: publicmail@president.gov.pk  

2. Mr. Yousaf Raza Gillani
Prime minister of Pakistan
C/o Mr. Zafar Mahmood
Cabinet Secretary
Islamabad
PAKISTAN
Tel: +92 51-9213562
Fax: +92 51-9201357
Email: secretary@cabinet.gov.pk  

3. Mr.Naeem Khan
Secretary
Ministry of Kashmir Affairs and Northern Areas
Pakistan Secretariat
Islamabad
PAKISTAN
Email: secretary@moka.gov.pk  

4. Mr. A Rehman Malik
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  

5. Dr. Faqir Hussain
Register
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@ahrc.asia)

Document Type :
Urgent Appeal Case
Document ID :
AHRC-UAC-079-2009
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.