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PAKISTAN: A police officer kills his subordinate constable in a fake police encounter to settle a personal dispute

June 13, 2012

ASIAN HUMAN RIGHTS COMMISSION - URGENT APPEALS PROGRAMME

Urgent Appeal Case: AHRC-UAC-101-2012

13 June 2012
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PAKISTAN: A police officer kills his subordinate constable in a fake police encounter to settle a personal dispute

ISSUES: Extra judicial killing, no rule of law, impunity, misuse of power
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Dear friends,

The Asian Human Rights Commission (AHRC) has received information that a station house officer killed a police head constable and declared it as a police encounter by injuring himself. The police have refused to file a case on behalf of the victim’s family and instead filed a first information report (FIR) for the killing of their own constable in a fake encounter declaring him to be the gangster. No inquiry has yet started and family members of the deceased are receiving threats from the high officers to stop the family from pursuing the case. The elder brother of the deceased constable was also suspended from the police service on verbal orders of the deputy inspector general of police.

CASE NARRATIVE:

Police Constable (PC) Sajjad Ahmed, was serving in the court of National Accountability Bureau (NAB) as the reader with Additional Session and District Judge. His duty was to issue warrants on the instructions of the judge who remained absent in the hearing of cases of corruption. His alleged killer Maulvi Abdul Sattar, the station house officer (SHO) of Gwalmandi police station, Lahore, capital of Punjab province, continuously disrespected the court and many times he faced warrants for not attending. The killer believed that the victim was the main instrument for issuing the warrants and his arguments were that being a policeman the victim should have protected the SHO.

Two days before the incident, May 13, SHO Maulvi came in the late hours to the NAB court when court proceedings were over and asked the victim why he had not put a signature on the attendance register on his behalf (SHO) and he threatened him with dire consequences. This conversation turned into a heated exchange and abusive language from both the sides. He challenged the victim before many people in the court that he will take revenge against him.

On May 15, the day of incident, the SHO left his jurisdiction and went to another police station, Qilla Gujar Singh, where the victim was residing with half a dozen policemen in his police van for snap checking without informing the concerning police station,. At 20 hours, constable Sajjad was going to purchase medicines with his elderly father when SHO Maulvi Sattar confronted him and asked him to prove his identity. The victim replied that you (SHO) know me personally and at that time he was going to purchase medicine of his ailing father. The SHO abused him and slapped his face which infuriated the victim. They started to fight and the SHI suddenly snatched a rifle from his constable, Nasir Javed, and fired a burst at his body. He also ordered constable Nasir to shoot the victim. After finding that the victim was dead the SHO fired a bullet at his own leg to prove that he was injured during a police encounter.

The SHO was admitted at Mayo hospital Lahore and a FIR was lodged by him immediately after the incident accusing the victim of firing at the police party and that in retaliation the police killed him. The SHO also mentioned in his FIR that one companion of the victim snatched his police van and escaped from the scene. But surprisingly, he went to hospital in his police van and that van is still in his and his family's use.

The family members including his brothers who are in the police department have tried many times to lodge a FIR against the SHO but high officials have passed an order for not entertaining the FIR. On May 22, the victim’s brothers have written a rejoinder on behalf of their mother to the chief minister of Punjab, the chief justice of Lahore high court, the Inspector General of Police of the province but to date their mother is waiting for the reply.

The victim’s elder brother, Khalid Ahmed, the assistant sub inspector of Police (ASI) has pursued the matter many times and been told by the high police officials of the Lahore range to stop following the case of his brother. On 30, ASI Khalid was called at the office of deputy Superintendent of Police (DSP) Baber Bin Dilawar and was taken to the office Rai Tahir, Deputy Inspector General of Police (DIG) operations, where he was strictly told to stop implicating the SHO Maulvi in the fake police encounter. When he refused to do so, ASI Khalid has been verbally suspended from his post without mentioning charges against him. Still he has not been served with charges but illegally remained suspended after passing more than 10 days. According to rules one cannot remain suspended for more than seven days during which an inquiry is to be ordered. The DSP Baber is continuously threatening the family members of the victim for dire consequences including to kill other members in the same fashion.

The police are still refusing to file an FIR for constable Sajjad,s killing in a fake police encounter. The Additional Session and district judge of Lahore, Mr. Anwar Butt, has ordered the police to conduct inquiry for not filing the FIR on June 5, but police have disregarded his order.

ADDITIONAL INFORMATION:

It is to be mentioned that SHO Maulvi Sattar was notorious in police encounters and he is facing more than a dozen cases of fake police encounter but because of support from the high police officers he has never been punished in those cases. He is known with his nick name “the Lahoo Lahan”, (a man dipped in blood). Since 2008 he is facing cases of murder, fake police encounters, robbery, abduction and behaving above the law.

This is common practice during the government of chief minister Shahbaz Sharif to hold police encounter to terror the people of Pujab province. In his previous government of 1999 he was charged with killing eight persons in police encounter. The chief minister always recruits such police officers who are expert in police encounters.

SUGGESTED ACTION:
Please write the letters to the following authorities calling them to conduct the impartial inquiry of the fake police encounter held on May 15, 2012 at Gwalmandi police station Lahore. Please also urge the authorities to prosecute the perpetrators, mentioned in the sample letter, and immediately relinquish them from their post so that they could not influence the inquiry. The compensation be paid to the victim’s family.

The AHRC is writing a separate letter to the UN Special Rapporteur on the Question of extra judicial killing calling for his intervention into this matter.

To support this appeal, please click here: 

SAMPLE LETTER:

Dear ___________,

Re: PAKISTAN: A police officer kills his subordinate constable in a fake police encounter to settle a personal dispute

Name of victim:
Police constable, Sajjad Ahmed son of Muhammad Yaqoob, resident of police barracks, Qilla Gujjar Singh police station, Lakshami Chowk, Lahore, Punjab province

Khalid Ahmed, Assistant Sub Inspector of Police, son of Muhammad Yaqoob, resident of Mohallah Fareed Nagar, Pakpattan Sharif, Punjab province

Names of alleged perpetrators:
Sub Inspector Maulvi Abdul Sattar alias Laho Lahan, Station House Officer (SHO) of Gwalmandi police station, Lahore, Punjab province

DSP Baber Bin Dilawer, Salamat Pura, Lahore, Punjab police,

Mr. Rai Tahir, Deputy Inspector General of Police, Lahore, Punjab police

Date of incident: May 15, 2012
Place of incident: Jurisdiction of Qilla Gujjar Singh police station, Lahore, Punjab province

I am writing to voice my deep concern regarding Police Constable (PC) Sajjad Ahmed. PC Sajjad was serving in the court of National Accountability Bureau (NAB) as the reader with Additional Session and District Judge. His duty was to issue warrants on the instructions of the judge who remained absent in the hearing of cases of corruption. His alleged killer Maulvi Abdul Sattar, the station house officer (SHO) of Gwalmandi police station, Lahore, capital of Punjab province, continuously disrespected the court and many times he faced warrants for not attending. The killer believed that the victim was the main instrument for issuing the warrants and his arguments were that being a policeman the victim should have protected the SHO.

I have learned that two days before the incident, May 13, SHO Maulvi came in the late hours to the NAB court when court proceedings were over and asked the victim why he had not put a signature on the attendance register on his behalf (SHO) and he threatened him with dire consequences. This conversation turned into a heated exchange and abusive language from both the sides. He challenged the victim before many people in the court that he will take revenge against him.

In a premeditated act, on May 15, the day of incident, the SHO left his jurisdiction and went to another police station, Qilla Gujar Singh, where the victim was residing with half a dozen policemen in his police van for snap checking without informing the concerning police station,. At 20 hours, constable Sajjad was going to purchase medicines with his elderly father when SHO Maulvi Sattar confronted him and asked him to prove his identity. The victim replied that you (SHO) know me personally and at that time he was going to purchase medicine of his ailing father. The SHO abused him and slapped his face which infuriated the victim. They started to fight and the SHI suddenly snatched a rifle from his constable, Nasir Javed, and fired a burst at his body. He also ordered constable Nasir to shoot the victim. After finding that the victim was dead the SHO fired a bullet at his own leg to prove that he was injured during a police encounter.

The SHO was admitted at Mayo hospital Lahore and a FIR was lodged by him immediately after the incident accusing the victim of firing at the police party and that in retaliation the police killed him. The SHO also mentioned in his FIR that one companion of the victim snatched his police van and escaped from the scene. But surprisingly, he went to hospital in his police van and that van is still in his and his family's use.

I am saddened to learn that the family members including his brothers who are in the police department have tried many times to lodge a FIR against the SHO but high officials have passed an order for not entertaining the FIR. On May 22, the victim’s brothers have written a rejoinder on behalf of their mother to the chief minister of Punjab, the chief justice of Lahore high court, the Inspector General of Police of the province but to date their mother is waiting for the reply.

The victim’s elder brother, Khalid Ahmed, the assistant sub inspector of Police (ASI) has pursued the matter many times and been told by the high police officials of the Lahore range to stop following the case of his brother. On 30, ASI Khalid was called at the office of deputy Superintendent of Police (DSP) Baber Bin Dilawar and was taken to the office Rai Tahir, Deputy Inspector General of Police (DIG) operations, where he was strictly told to stop implicating the SHO Maulvi in the fake police encounter. When he refused to do so, ASI Khalid has been verbally suspended from his post without mentioning charges against him. Still he has not been served with charges but illegally remained suspended after passing more than 10 days. According to rules one cannot remain suspended for more than seven days during which an inquiry is to be ordered. The DSP Baber is continuously threatening the family members of the victim for dire consequences including to kill other members in the same fashion.

The police are still refusing to file an FIR for constable Sajjad,s killing in a fake police encounter. The Additional Session and district judge of Lahore, Mr. Anwar Butt, has ordered the police to conduct inquiry for not filing the FIR on June 5, but police have disregarded his order.

I call upon you to instigate an immediate impartial investigation into PC Sajjad's death and the actions of the Gwalmandi police station, Lahore in failing to lodge the FIR for the killing in a fake police encounter. Please also prosecute SHO Maulvi Sattar for his illegal and murderous actions against a fellow officer and an innocent person. All the police officers involved should be suspended so that they cannot influence the enquiry. I also urge you to compensate the family of the victim. PC Sajjad's brother must be immediately restored to office and compensated for any loss of salary.

I look forward to your immediate action in this matter.

 

Yours sincerely,

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PLEASE SEND YOUR LETTERS TO:

1. Mr. Asif Ali Zardari
President of Pakistan
President's Secretariat
Islamabad
PAKISTAN
Tel: +92-51-9204801-9214171
Fax +92-51-9207458
Email: publicmail@president.gov.pk

2. Mr. Syed Yousaf Raza Gilani
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

3. Federal Minister for Human Rights 

Ministry of Human Rights 

Old US Aid building 

Ata Turk Avenue 

G-5, Islamabad 

PAKISTAN 

Fax: +92 51 9204108 

Email: sarfraz_yousuf@yahoo.com

4. Mr. Lateef Khosa 

Governor of Punjab 

Governor House 

Mall Road 

Lahore 

PAKISTAN 

Fax: +92 42 99203044 

Email: governor.sectt@punjab.gov.pk

5. Mr. Justice Sh Azmat Saeed
Chief Justice of Punjab Province

Lahore High Court

Shahra-e-Quaid-e-Azam, Lahore 

PAKISTAN

Tel: +92 42 99212951-66

Fax: +92 42 99212279

Email: webmasterlhc@lhc.gov.pk

6. Mr. Shahbaz Shareef
Chief Minister 

Government of Punjab
Province
Chief Minister
Secretariat
5-Club Road

GOR-I, Lahore, Punnjab

PAKISTAN

Fax: +92 42 99205065

Email: cmcomplaintcell@cmpunjab.gov.pk

7. Dr. Faqir Hussain 

Registrar 

Supreme Court of Pakistan 

Constitution Avenue, Islamabad 

PAKISTAN 

Fax: +92 51 9213452 

Email: mail@supremecourt.gov

 

Thank you.

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

Document Type :
Urgent Appeal Case
Document ID :
AHRC-UAC-101-2012
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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.