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PAKISTAN: The brother of a rape victim has been found murdered three months after his arrest

June 29, 2010

ASIAN HUMAN RIGHTS COMMISSION – URGENT APPEALS PROGRAMME

Urgent Appeal Case: AHRC-UAC-093-2010



29 June 2010
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PAKISTAN: The brother of a rape victim has been found murdered three months after his arrest

ISSUES: Extra judicial killings; enforced disappearances and abductions; violence against women; administration of justice
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Dear friends,

The Asian Human Rights Commission has received information that the body of a young man has been found three months after his arrest in the midst of a campaign for legal redress for his sister, who was gang raped in 2007. Sabir Soomro supported his teenage sister throughout a badly and unprofessionally tried rape case, resisting a number of settlement offers from the suspects before they were acquitted in May. He faced harassment and false murder charges – being remanded for nine months for the murder of his wife, who is alive – before being rearrested in March. His body was found on 26 June, the UN international day against torture. His sister and parents took the corpse to the house of the provincial governor but have been stopped from demonstrating by police. No inquiry has yet been announced.

CASE NARRATIVE:

As covered in previous urgent appeals and statements (STM-075-2009 , UAC-032-2009) the case of Kainat Soomro led to public outrage after the 13-year-old gang rape victim was cross examined lasciviously, and in front of a large public audience last year. In the years leading up to the trial her family was forced to leave their home town due to threats, and had fought hard to get the case into the legal system after police refused to register the First Information Report (FIR).

Pressure from the public and the media saw it taken up, but although complaints about court conduct had judge Nizar Ali Khawja removed from the case, and despite strong evidence and medical reports, the suspects were acquitted on 6 May 2010 by Dadu session judge Mr. Fahim Ahmed Siddiqui.

During the trial Kainat's brother Sabir was accused of murdering his wife and was arrested with his younger brother. The case was filed by the alleged rapists and others connected with them, including Sabir's father-in-law, Ali Hasan Buledi. We are told that Sabir and Daud Soomro were detained from 25 June until February 2010, when his wife was able to appear in court. The judge of the additional session court III (Dadu district) required that she submit an affidavit claiming that she had not been murdered, and the young men were then released.

Sabir took up his sister's campaign again, but within a month he was arrested at the Dadu district court in front of his mother and others by the assistant sub inspector of investigation, Mr. Shams Uddin Khoso, and head constable Saman alias Lahoti of Shahdadkot in Qamber, Sindh, on the pretext of robbery charges. We are told that a group of men connected with the suspects – Ali Hasan Buledi and his son, Asad Buledi, with Manthar Buledi and Salim Ansari – were present and allowed to assist with the arrest. We are also reliably informed that the Meharh police, under whose jurisdiction the court falls, had not been informed of the operation as is required by law, and that neither the Qamber nor the Dadu police accepted the complaint of Sabir's father. Although the judge trying Kainat's case was informed of the illegal arrest, he reportedly did not take or command any action.

Sabir Soomro was discovered dead on 26 June 2010 more that 1000km away in Balochistan, near Khuzdar, which is the home town of Ali Hasan Buledi and others believed to have been supporting the rape suspects. Rather than assist the family members and open an immediate inquiry into Sabir's illegal public arrest, his disappearance and murder, we are told that the local authorities have vested more energy into preventing their protests and their mourning procession to the governor's house. A credible investigation must now be swiftly launched into the suspect behavior of the judiciary and law enforcement officers involved in the case, particularly focusing on their ties to the alleged perpetrators. Any reluctance to investigate such strong indicators of corruption would be a further gross miscarriage of justice in Dadu, Sindh, and higher government officials must consider themselves accountable.

SUGGESTED ACTION:

Please write to the authorities listed below calling for a strong transparent investigation to be opened into the murder of Sabir Soomro and the actions taken by the Dadu and Qamber police and judiciary in this case, with particular focus on their relations with the alleged perpetrators of the rape.

The AHRC has written to the UN special rapporteurs on extrajudicial and summary executions, the independence of judges and lawyers, and on Violence against women, its causes and consequences, and on the situation of human rights defenders, calling for their prompt intervention.

To support this appeal please click here:

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SAMPLE LETTER:

Dear __________,

PAKISTAN: The brother of a rape victim has been found murdered three months after his arrest

Name of victim:
Mr. Sabir Soomro, son of Nabi Soomro, resident of Meharh, district Dadu, Sindh province

Names of alleged perpetrators:
1. Mr. Shamsuddin Khoso, assistant sub inspector of police, Shahdadkot, Qamber, Sindh
2. Mr. Saman alias Lahoti, police head constable, Shahdadkot, Qamber, Sindh
3. Ali Hasan Buledi, son of Karim Bux, resident of Meharh, Dadu, Sindh
4. Asad Buledi, son of Ali Hasan Buledi, resident of Meharh, district Dadu, Sindh province
5. Salim Ansari, resident of Meharh, Dadu, Sindh
6. Manthar Buledi, resident of Meharh, Dadu, Sindh

Date of incident: 26 June 2010
Place of incident: Khuzdar, Balochistan province

I understand that the body of a young man has been found three months after his arrest during a campaign for legal redress for his sister, who was gang raped in 2007, and that no inquiry has yet been initiated.

As previously reported by the Asian Human Rights Commission, the case of Kainat Soomro led to public outrage after the 13-year-old gang rape victim was cross examined lasciviously, and in front of a large public audience last year. During the trial her family was forced to leave their home town due to threats and had fought hard to get the case into the legal system after police refused to register the First Information Report (FIR), assisted by the public and media.

Although complaints about court conduct had judge Nizar Ali Khawja removed from the case, and despite strong evidence and medical reports, the suspects were acquitted on 6 May 2010 by Dadu session judge Mr. Fahim Ahmed Siddiqui.

During the trial Ms. Soomro's brother Sabir was accused of murdering his wife and was arrested with his younger brother. The case was filed by the alleged rapists and others connected with them, including Sabir's father-in-law. I am told that Sabir and Daud Soomro were detained from 25 June until February 2010, when his wife was able to appear in court. The judge of the additional session court III (Dadu district) required that she submit an affidavit claiming that she had not been murdered, and the young men were then released.

I am informed that Mr. Soomro took up his sister's campaign again, but within a month he was arrested at the Dadu district court in front of his mother and others by the assistant sub inspector of investigation, Mr. Shams Uddin Khoso, and head constable Saman alias Lahoti of Shahdadkot in Qamber, Sindh, on the pretext of robbery charges. A group of men connected with the suspects – Ali Hasan Buledi (Sabir's father-in-law) and his son, Asad Buledi, with Manthar Buledi and Salim Ansari – were present and allowed to assist with the arrest. I am also reliably informed that the Meharh police, under whose jurisdiction the court falls, had not been informed of the operation as is required by law, and that neither the Qamber nor the Dadu police accepted the complaint of Sabir's father. Although the judge trying Kainat's case was informed of the illegal arrest, he reportedly did not take or command any action.

Sabir Soomro was discovered dead on 26 June 2010 more that 1000km away in Balochistan, near Khuzdar, which is the home town of Ali Hasan Buledi and others believed to have been supporting the rape suspects. Yet rather than assist the family members and open an inquiry, the local authorities appear to have vested more energy into preventing their protests and their mourning procession. I demand an explanation for this.

Please see that an immediate inquiry is launched into the three-month disappearance and murder of Sabir Soomro after his public and illegal arrest by the two named Qamber officers listed above.

A credible probe must also be carried out into the suspect behavior of the judiciary and the law enforcement officers involved in the case, with particular focus on their ties to the alleged perpetrators, in order that the strong indicators of corruption are examined, and the gross miscarriage of justice in Dadu is righted.

It is now lamentably beyond doubt that the family members of Ms. Soomro are in critical danger, and pitifully under supported by their legal or law enforcement system. They must be provided with full security by the state. I finally urge a retrial of the flawed rape case of Ms. Soomro in the high court at the expense of the Sindh government and for compensation to be arranged for the bereaved family.

Yours sincerely,

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PLEASE SEND YOUR LETTERS TO:

1. Mr. Syed Yousaf Raza Gilani
Prime Minister of Pakistan
Prime Minister House
Islamabad
PAKISTAN
Fax: + 92 51 9221596
E-mail: secretary@cabinet.gov.pk

2. Syed Qaim Ali Shah
Chief Minister
Karachi, Sindh Province
PAKISTAN
Fax: +92 21 920 2000
E-mail: pppsindh@yahoo.com

3. Mr.Syed Mumtaz Alam Gillani
Federal Minister for Human Rights
Ministry of Human Rights
Old US Aid building
Ata Turk Avenue
G-5, Islamabad
PAKISTAN
Fax: +9251-9204108
Email: sarfaraz_yousuf@yahoo.com

4. Mr. Muhammad Ayaz Soomro
Minister for Law, Parliamantry Affairs & Criminal Prosecution Service
Sindh Assembly Building,
Court road, Karachi, Sindh province
PAKISTAN
Fax: +92 21 9211982
E-mail: secy.law@sindh.gov.pk

5. Chief Justice of Sindh High Court
High Court Building
Saddar, Karachi
Sindh Province
PAKISTAN
Fax: +92 21 9213220
E-mail: info@sindhhighcourt.gov.pk

6. Ms. Nadia Gabol
Minister for Human Rights
Government of Sindh,
Pakistan secretariat, Barrack 92,
Karachi, Sindh Province
PAKISTAN
Fax: +92 21 9207044
Tel: +92 21 9207043 +92 21 9207043 +92 21 9207043 +92 21 9207043 +92 21 9207043 +92 21 9207043 +92 21 9207043 +92 21 9207043 +92 21 9207043
E-mail: lukshmil@yahoo.com

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

8. Inspector General of Police
Police Head office, I. I. Chundrigar road
Karachi, Sindh Province
PAKISTAN
Fax: +92 21 9212051
E-mail: ppo.sindh@sindhpolice.gov.pk

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Thank you.

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

Document Type :
Urgent Appeal Case
Document ID :
AHRC-UAC-093-2010
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.