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PAKISTAN: A human rights activist faces terrorism charges for publicising the murder of Christians, while the mullahs who encouraged the violence remain free

August 13, 2009

ASIAN HUMAN RIGHTS COMMISSION – URGENT APPEALS PROGRAMME

Urgent Appeal Case: AHRC-UAC-097-2009



13 August 2009
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PAKISTAN: A human rights activist faces terrorism charges for publicising the murder of Christians, while the mullahs who encouraged the violence remain free

ISSUES: Murder; minority groups; police negligence
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Dear friends,

The Asian Human Rights Commission (AHRC) has received information that an activist working for the Human Rights Commission of Pakistan (HRCP) and the Labour Party of Pakistan, has been arrested and remanded on charges of terrorism and disturbing the peace. The charges disproportionately refer to demonstrations he helped organise against the burning murders of a number of Christians and the burning of their houses by Muslim extremists. Police have not arrested those who incited the violence by using the loudspeakers of mosques, which is illegal in Pakistan.

CASE DETAILS:

Mr. Tariq Mehmood (24) and his friends and colleagues were the first to arrive at the site of the attack in Korian village (Tehsil Gojra, Punjab) on July 31, where six Christians, two of them women, had been set alight and murdered that day. A number of houses had also been set on fire. Mehmood was the first to spread the news among media and human rights organisations in the area. However the following day the community was attacked again by a few hundred-strong crowd of Muslims, most, according to eyewitnesses, from the banned sectarian group Sipah-e-Sahaba (SSP). The police officers there allegedly did nothing to diffuse the situation or stop the attacks and witnesses have reported two more deaths and a number of rapes. Also disturbing are reports that more than 30 girls from the community have been missing since the attack.

Later that day Mehmood joined a team of activists to gather information at the site, and he issued a press release on behalf of the Labour Party, also proposing that a 'black day' of protest be held on 11 August. Mehmood also helped journalists from out of town and was present when community members, Muslim and Christian, blocked the town's train services with some of the corpses. (The crowd demanded legal action against the District Police Office and District Coordination Officer for their failure to protect, and these were finally filed. A Lahore High Court judge is investigating the case).

However on 10 August we are told that Mehmood was informally asked to meet and 'talk' with the Deputy Superintendent of Police (DSP), Mr. Ahmed Javed, in the Toba Tek Singh district, and was asked to call off the Black Day protest. He refused. He was sent to Gojra police station under arrest. The charges – under the Article 7 of the Anti Terrorist Act and article 13 of Maintenance of Public Order Ordinance and article 152 of the Criminal Procedure Code among others – refer to his party press release as 'pamphlets'.

In a Faisalabad Anti Terrorist Court session, police asked that Mehmood be physically remanded (placing him in their custody and at risk of torture) but the judge instead ordered judicial remand at Toba Tek Singh jail. These charges against Mehmood should not be taken lightly; they can be met with a death sentence.

ADDITIONAL COMMENTS:

Inquiries by various human rights organisations strongly indicate that the attacks and murders were pre-planned, and they are accusing the local administration of extreme negligence.
The SSP members arrived on private buses organised from nearby villages, armed with home-made bombs. As a banned Muslim militant organisation, the SSP seems have had little restrictions placed upon its actions by the police in recent times; media and rights groups are linking this to the support the SSP has given the provincial government, lead by the Sharif brothers, in the past.

Though it is illegal for the loud speakers in mosques to be used for anything other than Friday sermons in Arabic and the call to prayer, we have received reports that certain mosques broadcast comments and accusations against Christians in that area for two days; some of them within hearing range of police stations. Up to 64 rioters have been arrested, but the mullahs responsible for inciting the violence allegedly remain at large; therefore one of the biggest roots of the sectarian violence in Pakistan – misconduct by its religions leaders – remains unaddressed.

The Anti-terrorist Act has instead been used against a human rights defender on the basis of a press release he wrote criticizing the violence. The Asian Human Rights Commission would like to highlight the absurdity of applying the acts below to the rights defender and not the inciters of the violence.

Anti Terrorist Act, Article 7:

'Prohibition of acts intended or likely to stir up sectarian hatred.
---A person who--¬(a) uses threatening, abusive or insulting words or behaviors, or
(b) displays, publishes or distributes any written material which is threatening, abusive or insulting; or
(c) distributes or shows or plays a recording of visual images or sounds recording of visual images or sounds which are threatening, abusive or insulting; or
(d) has in his possession written material or a recording or visual images or sounds which are threatening, abusive or insulting with a view to their being displayed or published by himself or another.'

'Whoever commits a terrorist act shall---
(1) if such act has resulted in the death of any person be punished with death; and
(ii) in any other case be punishable with imprisonment for a term which shall not be less than seven years but may extend to life imprisonment, and shall also be liable to fine.'

Maintenance of Public Order Ordinance, article 13:

'Whoever contravenes any provision of this Ordinance or disobeys or neglects to comply with any order made or direction given in accordance with its provisions shall, where no express provision is made by this Ordinance for the punishment of such contravention, disobedience, or negligence, be punished with imprisonment which may extend to three years, or with fine, or with both.'

SUGGESTED ACTION:

Please write to the authorities listed below, demanding the withdrawal of terrorism charges against Tariq Mehmood and an investigation into how such charges were able to be filed. Please also demand the arrest of those who used loud speakers to incite sectarian murder.

Please be informed that the AHRC is writing a letter to the UN Special Rapporteurs on human rights defenders and on contemporary forms of racism, racial discriminations, xenophobia and related intolerance requesting their intervention in this case.  

To support this urgent appeal please click here:

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SAMPLE LETTER:

Dear ________

RE: PAKISTAN: A human rights activist faces terrorism charges for publicising the murder of Christians, while the mullahs who incited the violence remain free

Name of the Victim: Mr. Tariq Mehmood, son of Mohammad Tufail Ansari.
Resident of village Basti Danishmandan,
Chak no. 264, G-B, Toba Tek Singh district. Punjab

Names of the perpetrators:
1. Mr. Ahmed Javed, Deputy Superintendent of Police (DSP), Toba Tek Singh district.
2. Station Head Officer (SHO), Toba Tek police station, Punjab
3. District Police Officer (DCO), Toba Tek district, Punjab

Place of incident: Toba Tek police station, Punjab
Date of incident: 10 August 2009

I am writing to register my deep concern regarding the arrest of Tariq Mehmood, an activist working for the Human Rights Commission of Pakistan (HRCP) and the Labour Party of Pakistan, on charges of terrorism and disturbing the peace. The charges disproportionately refer to demonstrations he helped arrange after the burning murders of a number of Christians, and the burning of their houses by Muslim extremists. Police have not arrested those who incited the violence using the loudspeakers of mosques, which is illegal in Pakistan.

According to the information I have received Mehmood joined a team of activists to gather information at the site of the attacks, and issued a press release on behalf of his Labour party. He also announced an upcoming 'black day' for 11 August to protest against the murders and the lack of protection arranged for the Christian victims.

On 10 August I am told that he was informally asked to meet and 'talk' with the deputy superintendent of police (DSP), Mr. Ahmed Javed, in the Toba Tek Singh district. Mehmood reportedly was asked and refused to call off the upcoming Black Day protest and was sent to Gojra police station under arrest. The charges – under article 7 of the Anti Terrorist Act, article 13 of Maintenance of Public Order Ordinance and article 152 of the Criminal Procedure Code among others – refer to his party press release as 'pamphlets'.

In a Faisalabad Anti Terrorist court session, police asked that Mehmood be physically remanded (placing him in their custody and I believe, at risk of abuse) but the judge fortunately ordered judicial remand at Toba Tek Singh jail.

Though it is illegal for the loud speakers in mosques to be used for anything other than Friday sermons in Arabic and the call to prayer, we have received reports that certain mosques broadcast comments and accusations against Christians in that area for two days; some of them within hearing range of police stations.

Though up to 64 rioters have been arrested, the mullahs responsible for inciting the violence allegedly remain at large; therefore one of the biggest roots of the sectarian violence in Pakistan – misconduct by its religions leaders – remains unaddressed.

The Anti-terrorist Act has been used against a human rights defender on the basis of a press release he wrote criticizing the violence, yet absurdly, not against the inciters of wide scale sectarian violence.

I urge that you take serious note of the murders in Gojra, and inquire into the lack of protection afforded the Christians who died there. Inquiries by various human rights organisations strongly indicate that the attacks and murders were pre-planned.

I also request that you investigate and drop the charges of terrorism used improperly and illogically against Tariq Mehmood, and investigate how such charges were able to be filed.

I demand that those who used mosque loud speakers to incite sectarian murder be investigated and brought before the law.

I look forward to your action in these matters.

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
E-mail: secretary@cabinet.gov.pk

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

8. 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

Thank you.

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

Document Type :
Urgent Appeal Case
Document ID :
AHRC-UAC-097-2009
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.