PAKISTAN: Three missing after arrest and police reject the filing of the First Information Report

ASIAN HUMAN RIGHTS COMMISSION - URGENT APPEALS PROGRAMME

Urgent Appeal Case: AHRC-UAC-099-2014
ISSUES: Arbitrary arrest & detention, Enforced disappearances and abductions, Impunity, Torture,

Dear friends,

The Asian Human Rights Commission (AHRC) has received information to the effect that three young persons have been arrested and taken to an undisclosed locations where they are allegedly being held. These persons were arrested while they were returning home from a picnic and have been with their families including, women and children when they had been arrested.

According to the reports received, one of the missing persons is an Aero-nautical Technician at Pakistan Air Force. Seven days has passed since the disappearance and to-date their whereabouts are unknown. As per information received by the AHRC it is alleged that all three persons are being held at  private torture cells which are operated by the Pakistan Rangers and the police and as is the ordinary nature in instances of such arrests in the recent past, these detainees too will undergo severe forms of torture and may even be extra-judicially executed. This has been the practice and statistics show that more than 360 persons have been extra judicially killed during the Karachi operation which has been in effect since September 2013 – the Karachi operation was launched against the terrorists, target killers and extortionists in Pakistan. Further information revealed that the elder brother of one of the missing persons has also been extra judicially killed in February last year.

The AHRC also learns that the police have outright refused to even lodge the First Information Report (FIR) against this illegal arrest, detention and disappearance. Police have instead instructed family members of the victims not to contact the police as the arrests have been made by Pakistan’s Secret Service – in this instance by the Pakistan Rangers. 

All three young persons who are missing belong to the Shia sect, of Islam and as per reports have never had any affiliations with any political party nor ethnic group.

CASE NARRATIVE:

According to the information that has been provided by family members of the victims, on 28th (Saturday) June 2014, 17 members of three families were returning home from a family outing to the beach side resort “Paradise Point” and at around 3.30 in the afternoon their vehicle has been forcibly stopped, at a police checkpoint near the Pakistan Air Force Base (PAF Base), Mauripur road Karachi

They have been so stopped by  around 25 plain clothed persons who were assembled at the checkpoint  and who had evidently arrived there in five vans fixed with police insignias and police sirens. The armed men introduced themselves as police personnel from the Criminal investigation Department (CID) and had demanded to see the Identity Cards of all male persons in the group. Following the inspection of the ID Card, the three young persons have been asked to get off their vehicle and were immediately arrested and hurled into the police jeeps and have been immediately driven away to unknown place and the remaining policemen at the checkpoint have given instructions to the family members not leave till the police vans were out of sight. 

The persons who were arrested were; Mr. Shabih Hasan 28 years old and son of Mumtaz Hasan, resident of A-16, Kehkashan Terrace, Gulistan-e-Johar block 13, Karachi. Hasan is employed as an Aeronautical Technician at Pakistan’s Air Force. The second victim is Mr. Qmber Abbas 28 years old and the son of Sirtaj Hussain, resident of F-1/37, Kashmiri Mohalla, Gulbahar, Karachi and the third Mr. Danish Hasan 25 years old, and son of Naeem ul Hasan, resident of A-684 Malir Mohammadi Dera, Karachi. The elder brother of Shabih Hasan, has been shot dead by unknown persons right in front of their house, and at the time police have refused to file the  FIR till until the family agreed to not mentioning a name in the report. 

According to information received, in this incident at the time when the plain clothed policemen were dragging the three persons out of the van, and when in that instance the women and children and come out and demanded to know why they are being so arrested, the police have pointed their guns at the women and children and used abusing language on them, even threatening to kill them. 

The AHRC learned that family members following the arrest, have immediately rushed to the Site B police station, where the Station House Officer (SHO) Inspector Aatif has flatly refused to lodge the police report. On the further insistence of women Inspector Aatef, has requested them to lodge a formal application in writing addressed to the SHO and that such application of complaint will be considered later. Following two days of the incident upon enquires made by family members the police have informed them that the missing persons are not in police custody but are in the custody of intelligence agents and that therefore the police are unable to file any case nor institute any investigation against the intelligence agents. Family members have then insisted that they were in fact police persons since they travelled in police vans the SHO himself is reported to have stated that , this usually takes place in instances when intelligent agents are required to arrest and take into custody any person they deem necessary. 

AHRC learns that family members have instituted a formal legal proceeding on charges of enforced disappearance with the Sindh High Court and court has sought to issue summons of the police to appear before the Court in the proceedings.  

ADDITIONAL INFORMATION:

In yet another and a recent case one Mr. Amanat Abbas, son of Inayat Abbas, 43 years old, and a resident of Gulbahar, Karachi, have also been arrested on the 24th  of June 2014vfrom the Zain-ul-Abideen Hospital at around  5.30 in the evening by officials of Pakistan Rangers. Mr. Abbas belongs to the MQM, a political party that holds 25 seats in the National Assembly and 44 seats in the Sindh Provincial Assembly and he was in charge of the MQM unit 189 and is a prominent and well known politician /activists in the area. According to reports he had received a phone asking him to come immediately to the hospital saying that a close relative is seriously ill and injured following which he had rushed to the hospital. No sooner he had reached the emergency ward of the hospital five jeeps belonging to the Pakistan Rangers had surrounded the hospital with at least 25 persons in Rangers’ uniforms. One, officer from the Pakistan Rangers, Inspector Manzoor, had already been inside the hospital premises awaiting his arrival, when he had commanded Mr. Abbas to go along with him. When Mr. Abbas had inquired as to the reason, several other soldiers from the Pakistan Rangers had grabbed him with his neck and shoulder and dragged him along the floor and was thrown into one of the jeeps parked there and which was driven by Inspector Manzoor.

During the last nine months according to official reports, 17,000 persons have been arrested on several charges. However, contrary to this figure, the two jails operating in Karachi claim that they have received only1,500 suspects to-date. The police and Pakistan Rangers, who at the end of every 30 days issue their report on arrests, have not even mentioned the whereabouts of the remaining suspects. The correct figures on the encounters and extra judicial killings were not available but through reports published in the media more than 360 persons have to-date been killed under mysterious circumstances following arrests and torture during interrogations.

SUGGESTED ACTION:

Please write the letters to the authorities listed below, calling on them to immediately release the three young men have been made to disappear after their arrest by plain clothed policemen. Please urge them to ensure their safety and call for the perpetrators to be brought to justice. The government must be urged to respect the provisions enshrined in the Constitution of Pakistan and the UN’s International Covenant on Civil and Political Rights (ICCPR) for fair trial and respect and dignity of the individual. 

The AHRC will write separate letters 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: Three missing after arrest and police reject the filing of the First Information Report

Name of victim:
1.Mr. Shabih Hasan 28 son of Mumtaz Hasan, resident of A-16, Kehkashan Terrace, Gulistan-e- Johar block 13, Karachi, Sindh
2. Mr. Qmber Abbas 28 sone of Sirtaj Hussain, resident of F-1/37, Kashmiri Mohalla, Gulbahar, Karachi, Sindh  
3. Mr. Danish Hasan 25 son of Naeem ul Hasan, resident of A-684 Malir Mohammadi Dera, Karachi, Sindh
Names of alleged perpetrators: Karachi Police, from CID branch
Date of incident: June 28, 2014
Place of incident: Pakistan Air Force Base (PAF Base, Mauripur road, from the jurisdiction of SITE B police station, Karachi

I am writing to voice my deep concern regarding the disappearance of three young persons after their arrest by the persons in plain clothes claiming to be policemen, in five police vans while the   victims have been returning home from a family trip including women and children. 

I was deeply disturbed and shocked to receive information that three young persons have been arrested and taken to an undisclosed location where they are allegedly being held. 

According to information I received one of the missing persons is an Aero-nautical Technician at Pakistan Air Force. Seven days has passed since the disappearance and to-date their whereabouts are unknown. It is also alleged that all three persons are being held at private torture cells which are operated by the Pakistan Rangers and the police and as is the ordinary nature in instances of such arrests in the recent past, these detainees too will undergo severe forms torture and may even be extra-judicially executed. This has been the practice and statistics show that more than 360 persons have been extra judicially killed during the Karachi operation which has been in effect since September 2013 – the Karachi operation was launched against the terrorists, target killers and extortionists in Pakistan. Further information revealed that the elder brother of one of the missing persons has also been extra judicially killed in February last year.  

I have also learnt that that the police have outright refused to even lodge the First Information Report (FIR) against this illegal arrest, detention and disappearance. Police have instead instructed family members of the victims not to contact the police as the arrests have been made by Pakistan’s Secret Service – in this instance by the Pakistan Rangers. 

According to the information I have received and which has been revealed by family members of the victims on 28th (Saturday) June 2014, 17 members of three families were returning home from a family outing to the beach side resort “Paradise Point” and at around 3.30 in the afternoon their vehicle has been forcibly stopped, at a police checkpoint near the Pakistan Air Force Base (PAF Base) Mauripur road, Karachi. They have been so stopped by  around 25 plain clothed persons who were assembled at the checkpoint  and who had evidently arrived there in five vans fixed with police insignias and police sirens. The armed men introduced themselves as police personnel from the Criminal investigation Department (CID) and had demanded to see the Identity Cards of all male persons in the group. Following the inspection of the ID Card, the three young persons have been asked to get off their vehicle and were immediately arrested and hurled into the police jeeps and have been immediately driven away to unknown place and the remaining policemen at the checkpoint have given instructions to the family members not leave till the police vans were out of sight. 

The persons who were arrested were; Mr. Shabih Hasan 28 years old and son of Mumtaz Hasan, resident of A-16, Kehkashan Terrace, Gulistan-e-Johar block 13, Karachi. Hasan is employed as an Aeronautical Technician at Pakistan’s Air Force.  The second victim is Mr. Qmber Abbas 28 years old and the son of Sirtaj Hussain, resident of F-1/37, Kashmiri Mohalla, Gulbahar, Karachi and the third Mr. Danish Hasan 25 years old, and son of Naeem ul Hasan, resident of A-684 Malir Mohammadi Dera, Karachi. The elder brother of Shabih Hasan, has been shot dead by unknown persons right in front of their house, and at the time police have refused to file the FIR till until the family agreed to not mentioning a name in the report. 

I understand that at the time when the plain clothed policemen were dragging the three persons out of the van, and when in that instance the women and children had demanded to know why they are being so arrested, the police have pointed their guns at the women and children and used abusing language on them, even threatening to kill them. 

I have also learnt that family members following the arrest, have immediately rushed to the  the Site B police station, where the Station House Officer (SHO) Inspector Aatef has flatly refused to lodge the police report. On the further insistence of women Inspector Aatef, has requested them to lodge a formal application in writing addressed to the SHO and that such application of complaint will be considered later. Following two days of the incident upon enquires made by family members the police have informed them that the missing persons are not in police custody but are in the custody of intelligence agents and that therefore the police are unable to file any case nor institute any investigation against the intelligence agents. Family members have then insisted that they were in fact police persons since they travelled in police vans the SHO himself is reported to have stated that , this usually takes place in instances when intelligent agents are required to arrest and take into custody any person they deem necessary. 

I understand that family members of the victims have instituted a formal legal proceeding on charges of enforced disappearance with the Sindh High Court and court has sought to issue summons of the police to appear before the Court in the proceedings.  

I am also disturbed to note another such incident in the recent past, where Mr. Amanat Abbas, son of Inayat Abbas, 43 years old, and a resident of Gulbahar, Karachi, have also been arrested on the 24th  of June 2014vfrom the Zain-ul-Abideen Hospital at around  5.30 in the evening by officials of Pakistan Rangers. Mr. Abbas belongs to the MQM, a political party that holds 25 seats in the National Assembly and 44 seats in the Sindh Provincial Assembly and he was in charge of the MQM unit 189 and is a prominent and well known politician /activists in the area. According to reports he had received a phone asking him to come immediately to the hospital saying that a close relative is seriously ill and injured following which he had rushed to the hospital. No sooner he had reached the emergency ward of the hospital five jeeps belonging to the Pakistan Rangers had surrounded the hospital with at least 25 persons in Rangers’ uniforms. One, officer from the Pakistan Rangers, Inspector Manzoor, had already been inside the hospital premises awaiting his arrival, when he had commanded Mr. Abbas to go along with him. When Mr. Abbas had inquired as to the reason, several other soldiers from the Pakistan Rangers had grabbed him with his neck and shoulder and dragged him along the floor and was thrown into one of the jeeps parked there and which was driven by Inspector Manzoor.

I also make note of the fact that although correct figures on the encounters and extra judicial killings were not available but through reports published in the media more than 360 persons have to-date been killed under mysterious circumstances following arrests and torture during interrogations.

I therefore urge you to immediately release the three young men who were made to disappear after their arrest by policemen in plain clothes. Please recover them safely and bring the perpetrators to justice. I reiterate that if there are any charges against the missing persons they must be tried in open courts following a due process of the law. The Pakistan government must respect the provisions of the Constitution of Pakistan and the UN’S International Covenant on Civil and Political Rights (ICCPR) regarding fair trial and respect and dignity of the individuals. 

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. Mr. 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)

Document Type : Urgent Appeal Case
Document ID : AHRC-UAC-099-2014
Countries : Pakistan,
Issues : Arbitrary arrest & detention, Enforced disappearances and abductions, Impunity, Torture,