PAKISTAN: Threats to the lives of a minor who was gang raped and her father; a police officer suspended and transferred for taking action against the rapists

ASIAN HUMAN RIGHTS COMMISSION - URGENT APPEALS PROGRAMME

Urgent Appeal Case: AHRC-UAC-098-2014
ISSUES: Child rights, Police violence, Rule of law, Sexual violence, Threats and intimidation, Torture, Violence against women,

Dear friends,

The Asian Human Rights Commission (AHRC) has received information that a 13 year old girl was brutally gang raped during an entire night, by six infamous criminals who belong to a political party. The station head officer (SHO) has been suspended and thereafter transferred for filing charges of gang rape and assault against the rapists. The rapists have been identified in court by the victim and the court had ordered the arrest of the perpetrators. However, local police have ignored the orders of the court to arrest the suspects due to the nexus between the criminals and police officers. One perpetrator was handed over to police and the criminals are trying to exonerate all other suspects by converting the FIRs into C class reports, a term to make the preliminary FIR infectious.

CASE NARRATIVE:

Miss Fauzia Khaskheli, 13 years old, daughter of Mukhtar Khaskheli, resident of Tando Allahyar, Sindh, was abducted and gang raped on May 29 during an entire night by six notorious criminals who are wanted by the police in more than 30 cases and they have been given head money from government of Sindh for their arrests – dead or alive. The place of gang rape incident was not far away from the A Section police station Tando Allahyar but her cries did not attract the police attention. Next day in early morning she was thrown near the Railway line at Nasarpur Phatak. The girl was in dilapidated conditioned which infuriated villagers who have protested outside the police station. There were more than 200 people there,but police officials at the A Section police stations have been more concerned about the perpetrators as they belong to a nationalist cum political party, the Sindh Taraqipasand Party (STP). As the station head officer (SHO) Inspector Sohail Mirza came to know about the rape case he had immediately contacted his superior, the Deputy Superintend of Police (DSP) Noor Mohammad Marri. The DSP had told him he cannot file a police case and that he himself (the SHO) can decide on his own behalf as the perpetrators are notorious and dangerous criminals. The SHO had then taken permission from Senior Superintendent of Police (SSP), Mr. Javed Baloch.

The SHO Mirza filed the First Information Report (FIR) under sections of 376 (B), 364 (B), 324, and 337 (J) of Pakistan Penal Code, the sections on gang rape, forcibly kidnapping, attempt to murder, causing hurt. He had also written a letter to the public hospital for an immediate medical examination to be conducted on the victim. The medical report confirmed gang rape.

The higher police officers of the district particularly the DSP Marri has immediately suspended Inspector Mirza (SHO) from the SHO and had requested senior officers  to conduct a disciplinary inquiry against him. When SHO Mirza was cleared in the inquiry and he had requested to be   reinstated in his position he had been transferred to another district but the charge had not been handed over to him.

In the meantime the victim, Fauzia Khaskheli, was produced before the local magistrate for the statement under section 164 and also to identify the accused persons. She identified the alleged rapists by seeing their photographs before the court. The perpetrators also demonstrated outside the court by showing their arms, however when police reached the scene all ran away as they were wanted in more than 30 cases. According to reports , the perpetrators have also  threatened the victim and her father that if they do not withdraw the rape case the girl would again face similar consequences and might not survive. The police are still refusing to file the FIR for the threats to the lives of the victim and her father.

According to information received by the AHRC, the police are working allegedly on the instructions of one Altaf Jaskani, the vice president of STP as his younger brother, Mr. Asad Jaskani, was also involved in the gang rape. Asad Jaskani runs notorious groups, extorting money from businessmen and police. The FIR for gang rape mentions the name of Azher Jatoi, Shakeel Khoso, Asad Jaskani, Abdullah Nayo and GullanJogi alias Gulla Jogi.

Further information revealed that when the rapists were identified by the victim, they have made a deal with the police that they will produce one perpetrator before the police and the police will file a case only against one accused person and all others will be exonerated from the gang rape charges. Following this deal, the criminals have produced Azhar Jatoi, however the SSP had not allowed any such deal to make the initially filed  FIRs into a “C” class FIR as the victim has herself given a statement under Section 164 of the Code of Criminal Procedure.

The lives of Fauzia Khaskheli, the victim, and her father are in danger and we fear that the victim can may be murdered or abducted by the perpetrators in order to  eliminate the evidence of the crime.

SUGGESTED ACTION:

Please write the letters to the aforementioned authorities calling them to provide protection to gang rape victim, Fauzia Khaskheli, and her father who are under life threats from the alleged rapists who belong to a notorious gang and have the head money announced by the government of Sindh. Please also urge them to take action against the DSP Noor Mohammad Marri and officials of the  A Section police station, Tando Allahyar, for providing police protection to the rapists. The authorities must also immediately restore Inspector Sohail Mirza as the SHO of A section police station who was punished for filing the case of gang rape.

The AHRC writes separate letters to the UN Special Rapporteur on Violence against Women and the Chairperson of the Committee on the Rights of the Children calling for their intervention into this matter.

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

SAMPLE LETTER

Dear ……………….., PAKISTAN:  Threats to the lives of a minor who was gang raped and her father; a police officer suspended and transferred for taking action against the rapists Name of victim: 1. Fauzia Khaskheli, a 13-years-old daughter of Mukhtar Khaskheli, resident of Kumar Para, Soomra Colony, Tando Allahyar, Sindh 2. Mr. Mukhtar Khaskheli, resident of Kumar Para, Soomra Colony, Tando Allahyar, Sindh Names of alleged perpetrators: 1. AzherJatoi, alleged rapists, resident of Nasarpur, Tando Allahyar, Sindh 2. Shakeel Khoso, resident of Nasarpur, Tando Allahyar, Sindh 3. Asad Jaskani, resident of Nasarpur, Tando Allahyar, Sindh 4. Abdullah Nayo, resident of Nasarpur, Tando Allahyar, Sindh 5. Gullan Jogi alias Gulla Jogi, resident of Nasarpur, Tando Allahyar, Sindh 6. Mr. Noor Mohammad Marri, Deputy Superintendent of Police (DSP), Nasarpur, Tando Allahyar, Sindh Date of incident: 29 May 2014 Place of incident: Nasarpur, near A Section police station, Tando Allahyar, Sindh I am writing to voice my deep concern regarding the gang rape of a 13 year girl by the six notorious criminals who have head money by the Sindh government who are well protected by the TandoAllahyar Police. The lives of victim and her father are under serious threat as the perpetrators on the backing of the police can murder them to eliminate the evidence of rape. Miss Fauzia Khaskheli 13 years old, daughter of Mukhtar Khaskheli, resident of Tando Allahyar, Sindh, was abducted and gang raped on May 29 during an entire night by six notorious criminals who are wanted by the police in more than 30 cases and they have been given head money from government of Sindh for their arrests – dead or alive. The place of gang rape incident was not far away from the A Section police station Tando Allahyar but her cries did not attract the police attention. Next day in early morning she was thrown near the Railway line at Nasarpur Phatak. The girl was in dilapidated conditioned which infuriated villagers who have protested outside the police station. There were more than 200 people there , but police officials at the A Section police stations have been more concerned  about the perpetrators as they belong to a nationalist cum political party, the Sindh Taraqipasand Party (STP). As the station head officer (SHO) Inspector Sohail Mirza came to know about the rape case he had immediately contacted his superior, the Deputy Superintend of Police (DSP) Noor Mohammad Marri. The DSP had  told him he cannot file a police case and that he himself (the SHO) can decide on his own behalf as the perpetrators are notorious and dangerous criminals. The SHO had then taken permission from Senior Superintendent of Police (SSP), Mr. Javed Baloch. I have learnt that the SHO Mirza filed the First Information Report (FIR) under Sections of 376 (B), 364 (B), 324 and 337 (J) of Pakistan Penal Code, the sections on gang rape, forcibly kidnapping, attempt to murder, causing hurt. He had also written a letter to the public hospital for an immediate medical examination to be conducted on the victim. The medical report confirmed gang rape. The higher police officers of the district particularly the DSP Marri has immediately suspended Inspector Mirza (SHO) from the SHO and had requested senior officers  to conduct a disciplinary inquiry against him. When SHO Mirza was cleared in the inquiry and he had requested to be   reinstated in his position he had been transferred to another district but the charge had not been handed over to him. In the meantime the victim, Fauzia Khaskheli, was produced before the local magistrate for the statement under section 164 and also to identify the accused persons. She identified the alleged rapists by seeing their photographs before the court. The perpetrators also demonstrated outside the court by showing their arms; however when police reached the scene all ran away as they were wanted in more than 30 cases. According to reports , the perpetrators have also  threatened the victim and her father that if they do not withdraw the rape case the girl would again face similar consequences and might not survive. The police are still refusing to file the FIR for the threats to the lives of the victim and her father. I also understand that the police are working allegedly on the instructions of one Altaf Jaskani, the vice president of STP as his younger brother, Mr. Asad Jaskani, was also involved in the gang rape. Asad Jaskani runs notorious groups, extorting money from businessmen and police. The FIR for gang rape mentions the name of Azher Jatoi, Shakeel Khoso, Asad Jaskani, Abdullah Nayo and GullanJogi alias Gulla Jogi. Further information received stated that when the rapists were identified by the victim, they have made a deal with the police that they will produce one perpetrator before the police and the police will file a case only against one accused person and all others will be exonerated from the gang rape charges. Following this deal, the criminals have produced Azhar Jatoi, however the SSP had not allowed any such deal to make the initially filed  FIRs into a "C" class FIR as the victim has herself given a statement under Section 164 of the Code of Criminal Procedure. The lives of Fauzia Khaskheli, the victim, and her father are in danger and we fear that the victim can may be murdered or abducted by the perpetrators in order to  eliminate the evidence of the crime. Therefore, I urge you to take immediate action to protect the lives of both the gang rape victim, Fauzia Khaskheli, and her father who are under serious life threats from the alleged rapists who belong to a notorious gang and have the head money announced by the government of Sindh. I also you to take action against the DSP Noor Mohammad Marri and officials of  the  A Section police station, Tando Allahyar, for providing police protection to the rapists and to look into the matter of reinstating  Inspector Sohail Mirza as the SHO of A section police station who was unwarrantedly punished for protecting the victim of this brutal gang rape. Yours sincerely, ………………. PLEASE SEND YOUR LETTERS TO: 1. 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  2. Federal Minister of Law and Human Rights Ministry of Law, Justice and Human Rights Old US Aid building Ata Turk Avenue G-5, Islamabad PAKISTAN Fax: +92 51 9204108 Email: contact@molaw.gov.pk  3. Dr. Faqir Hussain Registrar Supreme Court of Pakistan Constitution Avenue, Islamabad PAKISTAN Fax: +92 51 9213452 Email: mail@supremecourt.gov.pk  4. Chaudhry Nisar Ali Khan Federal Minister for Interior R Block, Pak Secretariat Islamabad PAKISTAN Tel: +92 51 9212026 Fax: +92 51 9202624 Email: interior.complaintcell@gmail.com, ministry.interior@gmail.com  5. Syed Qaim Ali Shah Chief Minister of Sindh Karachi, Sindh Province PAKISTAN Fax: +92 21 920 2000 Email: pressecy@cmsindh.gov.pk  6. Chief Justice of Sindh High Court High Court Building Saddar, Karachi Sindh Province PAKISTAN Fax: +92 21 9213220 7. Justice (Rtd) MajidaRazvi Chairperson, Human Rights Development Government of Sindh Barrack number 92 Sindh Secretariat 4. B, opposite to Sindh Assembly Building Karachi PAKISTAN Tel: +92 21 99207042-43 Fax: +92 21 99207044 E-mail: ministerhrd@sindh.gov.pk Thank you. Urgent Appeals Programme  Asian Human Rights Commission (ua@ahrc.asia)