PAKISTAN: Prosecute police officers that raped seven transgender citizens in illegal detention

ASIAN HUMAN RIGHTS COMMISSION - URGENT APPEALS PROGRAMME

Urgent Appeal Case: AHRC-UAC-092-2016
ISSUES: Administration of justice, Arbitrary arrest & detention, Impunity, Sexual violence, Torture,

Dear Friends,

The Asian Human Rights Commission (AHRC) has received updated information that seven transgender persons were arrested and reportedly sexually abused by the Cantonment police in Nowshera, KP Province. They were also kept in illegal confinement for almost 10 hours (whole night) and forced to dance in front of the policemen. The Inspector General of Police (IGP) refused to take action against Station House Officer (SHO) who forced the transgender persons to show their body parts during the dance and on refusal tortured them. According to media reports, the transgender persons accuse the police of raping them and making jokes about them.

CASE NARRATIVE:

According to the details received from Blue veins, an NGO working for transgender rights, as well as newspapers reports, on 14 July 2016 seven transgender persons, namely Choti, Diya, Sonia, Nomi, Jagri, Shahzadi, and Wafa, were arrested by the Station House Officer (SHO) Khalid, who is stationed at the Cantonment Police Station, Nowshera. They were kept in illegal confinement for 10 hours and subjected to sexual harassment and torture. 

According to the Daily Express Tribune, one transgender, Dia, said that the police raided their living quarter and took them to the Police Station, where they raped us all and made jokes about us. Diya added that she was clearly left disillusioned by the law-enforcement system. She said the police raid their apartments frequently and take money from them if they return from any function. 

The SHO first asked them to dance and later harassed them sexually; those who offered some resistance were beaten up. The seven transgender persons were asked to take off their shirts and were continuously slapped on their hips and other body parts were touched forcefully; they were constantly subjected to verbal abuse in sheer violation of human rights.

All seven transgender persons were later released after the matter was highlighted in electronic media and by civil society organizations, and the Directorate of Human Rights and Noor Zaman Khattak, Director, took action and notice. 

Sahil, another person who is transgender, said the Cantonment SHO also asked them to leave the district in 24 hours. She said the Nowshera District Police Officer (DPO) wanted to exile the “sinful” transgender community from the District.

Separately, a news conference was held at Peshawar Press Club to condemn the actions of the police against persons who are transgender. TransAction Alliance Khyber-Pakhtunkhwa convened the conference. Paro, Vice President of the organisation, demanded an end to this harassment by the police and society in general.

“How can we accept such behaviour by people who are appointed by the government for our protection?” she asked. “We are not even safe from our so-called protectors and the physical, sexual and emotional abuse we face on a daily basis must end.”

The same police station has issued written notice on 14 April 2016, asking the trans community to leave their residence, and used a very objectionable and transphobic language in the letter and pressurized the property owners to expel members of the transgender community from their living quarters or the police would take action against them as well. It is important to mention that the transgender community is living in these quarters abiding by the law. 

The SHO of Cantonment Police, Khalid, asked the transgender community to leave District Nowshera in 24 hours as DPO Nowshera had asked the SHO to clean District Nowshera from the sinfull transgender community”. 

When inquired about the incident, the SHO blatantly lied and denied his involvement. According to media reports, the SHO said that local religious clerics and public were complaining against the transvestites for spreading vulgarity. “I called them to the police station just to ask them to avoid calling people to their residences and never forced them to leave Nowshera.” 

Please see the media links about the police rape and harassment of the transgender community:

http://tribune.com.pk/story/1142769/police-accused-sexually-abusing-seven-people-transgender/
http://dailytimes.com.pk/khyber-pakhtunkhwa/16-Jul-16/transgenders-cry-foul-over-police-manhandling
https://pcsc4org.wordpress.com/2016/07/16/hunted-down-for-fun-discrimination-and-violence-against-transgender-women-by-nowshera-police/
http://www.dawn.com/news/1271146/police-accused-of-violence-against-transgender-persons
http://www.jazbanetwork.com/index.php/2016/07/16/police-accused-of-sexually-abusing-seven-people-who-find-themselves-transgender/
http://www.ibtimes.co.uk/pakistan-7-transgender-persons-accuse-policemen-sexual-abuse-1570942
http://usa.s5.webdigital.hu/topnews/pakistan-7-transgender-persons-accuse-policemen-of-sexual-abuse
http://www.newsoneplace.com/article/508201512/pakistan-transgender-persons-accuse-policemen-sexual
http://www.thefrontierpost.com/article/398659//

ADDITIONAL INFORMATION:

There are an estimated 500,000 ‘third-gender’ citizens in Pakistan; yet these transgender persons, literally, have no rights in the country. In 2009, the Pakistan Supreme Court ruled in favor of a group of transvestites. The landmark ruling stated that, as citizens, they were entitled to the equal benefit and protection of the law, including the right of inheritance and vote, and called upon the government to take steps to protect transvestites from discrimination and harassment. However, while their rights are guaranteed on paper, members of the transgender community do not have these rights in practice. Peshawar being the most conservative and orthodox of all the four provinces, reportedly has the highest number of violence cases against the transgender

SUGGESTED ACTION:

Please write letters to the authorities listed below urging them to initiate an inquiry into the continuous harassment and sexual assault on the transgender in Khyber Pakhtoon Kha as the government remains silent about members of law enforcement agencies abusing transgender persons, on the assumption that they are serving the cause of Islam.

Please urge them: to prosecute the SHO of Cantonment Police station Nowshera District and other officials for keeping transgender persons in illegal detention for 10 hours and allegedly raping them, and to provide security and safety to the transgender community. 

The AHRC is writing a separate letter to the UN Special Rapporteur on the situation of Human Rights Defenders for his intervention into this matter.

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

SAMPLE LETTER

Dear ___________,

PAKISTAN: Prosecute officers that raped seven transgender citizens in illegal detention

Name of victims: Choti, Diya, Sonia, Nomi, Jagri, Shahzadi, and Wafa, all residents of Peshawar KPK
Names of alleged perpetrators: Inspector Khalid, Station House Officer of Cantonment Police Station, Nowshera, Peshawar, KPK 
Date of incident: 14 July 2016
Place of incident: Cantonment Police Station, Nowshera, Peshawar, KPK

I am writing to voice my deep concern that seven transgender persons were arrested and reportedly sexually abused by the Cantonment police in Nowshera, KP Province. They were also kept in illegal confinement for almost 10 hours (whole night) and forced to dance in front of the policemen. The Inspector General of Police (IGP) refused to take action against Station House Officer (SHO) who forced the transgender persons to show their body parts during the dance and on refusal tortured them. According to media reports, the transgender persons accuse the police of raping them and making jokes about them.

According to the details I received from Blue veins, an NGO working for transgender rights, as well as newspapers reports, on 14 July 2016 seven transgender persons, namely Choti, Diya, Sonia, Nomi, Jagri, Shahzadi, and Wafa, were arrested by the Station House Officer (SHO) Khalid, who is stationed at the Cantonment Police Station, Nowshera. They were kept in illegal confinement for 10 hours and subjected to sexual harassment and torture. 

According to the Daily Express Tribune, one transgender, Dia, said that the police raided their living quarter and took them to the Police Station, where they raped us all and made jokes about us. Diya added that she was clearly left disillusioned by the law-enforcement system. She said the police raid their apartments frequently and take money from them if they return from any function. 

I appalled The SHO first asked them to dance and later harassed them sexually; those who offered some resistance were beaten up. The seven transgender persons were asked to take off their shirts and were continuously slapped on their hips and other body parts were touched forcefully; they were constantly subjected to verbal abuse in sheer violation of human rights.

All seven transgender persons were later released after the matter was highlighted in electronic media and by civil society organizations, and the Directorate of Human Rights and Noor Zaman Khattak, Director, took action and notice. 

Sahil, another person who is transgender, said the Cantonment SHO also asked them to leave the district in 24 hours. She said the Nowshera District Police Officer (DPO) wanted to exile the “sinful” transgender community from the District.

Separately, a news conference was held at Peshawar Press Club to condemn the actions of the police against persons who are transgender. TransAction Alliance Khyber-Pakhtunkhwa convened the conference. Paro, Vice President of the organisation, demanded an end to this harassment by the police and society in general.

“How can we accept such behaviour by people who are appointed by the government for our protection?” she asked. “We are not even safe from our so-called protectors and the physical, sexual and emotional abuse we face on a daily basis must end.”

The same police station has issued written notice on 14 April 2016, asking the trans community to leave their residence, and used a very objectionable and transphobic language in the letter and pressurized the property owners to expel members of the transgender community from their living quarters or the police would take action against them as well. It is important to mention that the transgender community is living in these quarters abiding by the law. 

The SHO of Cantonment Police, Khalid, asked the transgender community to leave District Nowshera in 24 hours as DPO Nowshera had asked the SHO to clean District Nowshera from the sinfull transgender community”. 

When inquired about the incident, the SHO blatantly lied and denied his involvement. According to media reports, the SHO said that local religious clerics and public were complaining against the transvestites for spreading vulgarity. “I called them to the police station just to ask them to avoid calling people to their residences and never forced them to leave Nowshera.” 

Please see the media links about the police rape and harassment of the transgender community:

http://tribune.com.pk/story/1142769/police-accused-sexually-abusing-seven-people-transgender/
http://dailytimes.com.pk/khyber-pakhtunkhwa/16-Jul-16/transgenders-cry-foul-over-police-manhandling
https://pcsc4org.wordpress.com/2016/07/16/hunted-down-for-fun-discrimination-and-violence-against-transgender-women-by-nowshera-police/
http://www.dawn.com/news/1271146/police-accused-of-violence-against-transgender-persons
http://www.jazbanetwork.com/index.php/2016/07/16/police-accused-of-sexually-abusing-seven-people-who-find-themselves-transgender/
http://www.ibtimes.co.uk/pakistan-7-transgender-persons-accuse-policemen-sexual-abuse-1570942
http://usa.s5.webdigital.hu/topnews/pakistan-7-transgender-persons-accuse-policemen-of-sexual-abuse
http://www.newsoneplace.com/article/508201512/pakistan-transgender-persons-accuse-policemen-sexual
http://www.thefrontierpost.com/article/398659//

Therefore, I urge upon you to initiate an inquiry into the continuous harassment and sexual assault on the transgender in Khyber Pakhtoon Kha as the government remains silent about members of law enforcement agencies abusing transgender persons, on the assumption that they are serving the cause of Islam.

I also urge to prosecute the SHO of Cantonment Police station Nowshera District and other officials for keeping transgender persons in illegal detention for 10 hours and allegedly raping them, and to provide security and safety to the transgender community.

Yours Sincerely,

……………….

PLEASE SEND YOUR LETTERS TO:

1. Mr. Mian Nawaz Sharif
Prime Minister
Prime Minister House
Islamabad
PAKISTAN
Fax: +92 51 922 1596
Telephone: +92 51 920 6111, +92 51 920 6111
E-mail: secretary@cabinet.gov.pk, pspm@pmsectt.gov.pk

2. Mr. Parvez Khattak 
Chief Minister KPK
Chief Minister Secretariat,
Shahibzada Abdul Qayum Road, Peshawar
Telephone: 091-9222460-464
Fax 091-9212237 
Email: complaints@crckp.gov.pk

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

4. Mr. Zahid Hamid
Federal Minister for Human Rights
Ministry of Human Rights
State Life Building No. 5, Blue Area,
Jinnah Avenue, China Chowk, Islamabad
Fax: +92 51 9204108
Email: contact@molaw.gov.pk

5.Chief Justice of Peshawar High Court
Peshawar High Court, Khyber Road, Peshawar, 
Khyber Pakhtunkhwa, Pakistan. 
Telephone:+92-91-9210149-58 
Fax: +92-91-9210170

6. Mr. Nasir Durrani
Inspector General Police Kyber Pakhtunkhwa
Sahibzada Abdul Qayyum Road, Civil Secretariat Peshawar,
Khyber Pakhtunkhwa, Pakistan
Telephone 9210084
Fax: 9210925

7. Directorate of Human Rights,
Khyber Pakhtunkhwa.
6th Floor, Tasneem Plaza Near Jan’s Bakers
Saddar Road, Peshawar, Pakistan
Telephone: +92-91-9213068
Fax: +92-91-9213069
Email: dhr.kpk@gmail.com

Thank you.

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

Document Type : Urgent Appeal Case
Document ID : AHRC-UAC-092-2016
Countries : Pakistan,
Issues : Administration of justice, Arbitrary arrest & detention, Impunity, Sexual violence, Torture,