PAKISTAN: A young auto electrician tortured and partially paralyzed by Police

ASIAN HUMAN RIGHTS COMMISSION - URGENT APPEALS PROGRAMME

Urgent Appeal Case: AHRC-UAC-087-2013
ISSUES: Arbitrary arrest & detention, Impunity, Rule of law, Torture,

Dear friends,

The Asian Human Rights Commission (AHRC) has received information that a young electrician was severely tortured during the police custody in City Police Station. He was forcibly arrested when the policemen asked him to fix a problem with the car of the Station house officer (SHO). The victim of torture was severely injured and his spinal cord was damaged. The high police officials threatened him to withdraw complaint against the SHO otherwise he would be implicated in the case of selling liquor or other criminal offenses. The police also confiscated the medical report from the hospital so that no case can be initiated against the police. A first information report (FIR) was lodged against the police officials after doctors at the hospital refused to treat the victim. No action has been taken against the police nor has the case been sent to court.

CASE NARRATIVE: (The Asian Human Rights Commission has received this case from Human Development Organisation (HDO).)

Mr. Sabir, (26) son of Muhammad Jan, resident of Mhalla Khyber Adda, Hattar road Haripur, Kyberpakhtoonkha province, was tortured, physically and mentally by the police officials of City Police Station, Haripur. Sabir is an auto electrician by occupation and lives in Mohalla Khayber Adda Hattar Road Haripur Khyber Pakhtunkhwa. On Wednesday, 19 June 2013 he was picked up by force from his shop at 2 p.m. by three policemen when he was busy in his shop with other vehicles. Three policemen of City Police Station Haripur came to his shop in a police van and asked him to fix the car of the Station Police Officer (SHO). He told them that the vehicle would take some time and it would be better if they come later in the evening or next day as the fault in the vehicle was big enough and will take some time to remove it.

The police took Sabir’s reply as arrogance and considered it an insult. They asked him how dare he refuse and threw him in a police jeep. He was taken to police station where he was tortured severely. They beat him with sticks, grabbed him on the ground from his hair, repeatedly he was banged to ground with force, they kicked and punched him in his stomach.

Sabir from his early age had a defect in his leg because of polio and he was unable to bear severe torture. As a result his leg becomes partially paralyzed. When the policeman noticed it, they shifted him to the women and children hospital. He received severe injuries due to the torture. His spinal cord was damaged and he remained under treatment in the hospital.

In the hospital doctors first refused to start treatment without registration of an FIR (First Information Report). Later, the hospital authorities agreed under police pressure and threats and provided him treatment.

In an effort to neutralize the police torture a Deputy Superintendent of Police (DSP) visited the victim in hospital and showed his sympathies and tried to reconcile the problem. He asked the victim not to lodge the FIR. But the victim refused and lodged the FIR against the SHO and three policemen of City Police Station Haripur. In continuation to suppress the case of torture the police has confiscated the medical report of his injuries so that the victim has to reach a compromise for withdrawing the case of torture in custody.

He went through different tests and X-rays. According to initial reports his spinal cord was damaged. He is under treatment in the hospital and had a severe back problem. When this torture case received media attention the hospital staff, referred Sabir to shift to the Ayub Medical Complex Abbotabad for further treatment. Because of police fear they shifted him to Rawapindi General Hospital.

No action has been taken against the SHO and other police constables but the family members of the victim are under threat from the police to withdraw the case.

ADDITIONAL INFORMATION:

Torture in custody is rampant and endemic in the country. Every police station conducts torture in police station and also in private torture cell which police have close to their police station. They use torture for investigation and creating fear tortured people openly, in custody and secret detentions. No one is safe from it either it is a male or female, children or aged people. And authorities who can enforce the law are silent on the torture issue as they are also the part of this torture system. Torture in custody is common and increasing. And torture in detention is the violation of article 14 and 14(2) in the constitution of Pakistan. Police who violate this law are liable to punishment under the Article 156 and 157 of the Police Order. There is no law against the torture in the Pakistan Penal Code (PPC) so torture has become a legal affair in the country. Due to poor law enforcement victims don’t get any justice and are further threatened by the police.

SUGGESTED ACTION: 
Please write the letter to the following authorities calling on them to initiate inquiry in the case of torture on a young man of 26 years. Please urge them to prosecute the police officials including SHO of City Police station Haripur. The government must provide medical treatment to the victim of torture whose spinal cord has been damaged and one leg was paralysed. The government must also provide compensation to the victim for the loss of his business.

The AHRC writes a separate letter to the UN Special Rapporteur on Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment calling for his intervention into this matter.

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

SAMPLE LETTER

Dear ___________,

PAKISTAN: Please investigate the case of torture of a young electrician who is tortured and partially paralysed by the Police

Name of victim: Mr. Sabir, 26 years, son of Muhammad Jan, resident of Mhalla Khyber Adda, Hattar road Haripur, Kyberpakhtoonkha province

Names of alleged perpetrators:
1. Station House Officer (SHO) attached to the City Police Station Haripur, Khyber Pakhtoonkha Province
2. Three police constables who were on duty at City Police Station Haripur, Khyber Pakhtoonkha Province

Date of incident: 19 June 2013
Place of incident: City Police Station Haripur, Khyber Pakhtoonkha Province

I am writing to voice my deep concern regarding the torture in police custody of a young electrician at City Police Station, Haripur, Khyberpakhtoonkha province, whose spinal cord was damaged and and one leg was paralysed. No action has been taken against the police.

I am shocked to know that high police official with the rank of Deputy Superintendent Police (DSP) is trying to force the victim and his family to withdraw the case against the police torture and threatened to face heinous crimes if case is not withdrawn.

This is very much concerned for me that when there is new civilian government after the elections no change has been visible in the conduct of police and police has shown its superamcy over the elected government.

I have learned that Sabir, (26) son of Muhammad Jan, resident of Mhalla Khyber Adda, Hattar road Haripur, Kyberpakhtoonkha province, was tortured, physically and mentally by the police officials of City Police Station, Haripur . Sabir is an auto electrician by occupation and lives in Mohalla Khayber Adda Hattar Road Haripur Khyber Pakhtunkhwa. On Wednesday June 19, 2013 he was picked up by force from his shop at 2 p.m. by three policemen when he was busy in his shop with other vehicles. Three policemen of City Police Station Haripur came to his shop in a police van and asked him to fix the car of the Station Police Officer (SHO). He told them that the vehicle would take some time and it would be better if they come later in the evening or next day as the fault in the vehicle was big enough and will take some time to remove it.

The police took Sabir’s reply as arrogance and considered it an insult. They asked him how dare he refuse and threw him in a police jeep. He was taken to police station where he was tortured severely. They beat him with sticks, grabbed him on the ground from his hair, repeatedly he was banged to ground with force, they kicked and punched him in his stomach.

Sabir from his early age had a defect in his leg because of polio and he was unable to bear severe torture. As a result his leg becomes partially paralyzed. When the policeman noticed it, they shifted him to the women and children hospital. He received severe injuries due to the torture. His spinal cord was damaged and he remained under treatment in the hospital.

In the hospital doctors first refused to start treatment without registration of an FIR. Later the hospital authorities agreed under police pressure and threats and provided him treatment.

It is appalling for me that in an effort to neutralize the police torture a Deputy Superintendent of Police (DSP) visited the victim in hospital and showed his sympathies and tried to reconcile the problem. He asked the victim not to lodge the FIR. But the victim refused and lodged the FIR against the SHO and three policemen of City Police Station Haripur. In continuation to suppress the case of torture the police has confiscated the medical report of his injuries so that the victim has to reach a compromise for withdrawing the case of torture in custody.

He went through different tests and X-rays. According to initial reports his spinal cord was damaged. He is under treatment in the hospital and had a severe back problem. When this torture case received media attention the hospital staff, referred Sabir to shift to the Ayub Medical Complex Abbotabad for further treatment. Because of police fear they shifted him to Rawapindi General Hospital.

It is distressing that no action has been taken against the SHO and other police constables but the family members of the victim are under threat from the police to withdraw the case.

I therefore, urge upon you that them to initiate inquiry in the case of torture on a young man of 26 years. I also urge that to prosecute the police officials including SHO of City Police station Haripur. The government must provide medical treatment to the victim of torture whose spinal cord has been damaged and one leg was paralysed. The government must also provide compensation to the victim for the loss of his business.

I trust you will take immediate action in this matter.

Yours sincerely,

—————-
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. 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

3. Mr. Zahid Hamid
Federal Minister 
Ministry of Law, Justice and Human Rights
Old US Aid building
Ata Turk Avenue
G-5, Islamabad
PAKISTAN
Fax: +92 51 9204108
Email: sarfraz_yousuf@yahoo.com

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

5. Mr. Pevez Khattak
Chief Minister
Government of Khyber Pakhtunkha Province
Peshawar
PAKISTAN
Fax: +92 91 9210707

6. Mr. Siraj Ul Haq
Senior minister
Government of Khyber Pakhtunkha Province
Peshawar
PAKISTAN
Fax: +92 91 921 2533

Thank you.

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

Document Type : Urgent Appeal Case
Document ID : AHRC-UAC-087-2013
Countries : Pakistan,
Issues : Arbitrary arrest & detention, Impunity, Rule of law, Torture,