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PAKISTAN: The trade of justice continues as police protect ruling party members who are guilty of rape and maiming with acid

August 27, 2009

ASIAN HUMAN RIGHTS COMMISSION – URGENT APPEALS PROGRAMME

Urgent Appeal Case: AHRC-UAC-108-2009



28 August 2009
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PAKISTAN: The trade of justice continues as police protect ruling party members who are guilty of rape and maiming with acid

ISSUES: Violence against women; impunity; misuse of power
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Dear friends,

The Asian Human Rights Commission (AHRC) has received detailed information about a case of extreme violence, corruption and impunity involving members of the Muttahida Qaumi Movement (MQM), a ruling partner of the Zardari government. Police and high ranking officials are continuing to thwart all attempts by a young rape victim to prosecute MQM party members for a variety of brutal crimes committed over the past year, among them rape, acid-throwing, bribery, attempted abduction and death threats. However as the case lags and the victims persist, the danger for them increases and they need protection. The primary victim has since become the second wife of a man willing to protect her, and has suffered rejection in her community and from her family members.

CASE DETAILS: (According to the victims, the police and media reports)

Ms. Zainab Zia, 24, was raped on 10 September 2008 by her brother-in-law Mohammad Ali, who is an active MQM member in Hyderabad. After the incident, Zainab and her younger sister Ms. Shehla Zia set out to file a complaint but were discouraged by their mother, who wished to resolve the issue at home.

On Ali's return that evening a heated discussion resulted in he and two other party members (Saleemuddin, the victim's uncle and Ismail, her cousin) tying up the girls and throwing acid at Shehla, and kerosene on Zainab. Moments before they set her alight, two family friends rescued the girls and took them to the Civil Hospital, Hyderabad, where a medical report was obtained.

During the next two months the sisters tried to lodge an FIR several times, but were blocked by Station Head Officer (SHO) Hassan Ali Abdi, a former MQM activist. We are told that this was due to pressure from MQM leaders. Police also refused to conduct a crucial physical examination for evidence of the rape. The girls started to lose the support of their family, since Mohammad Ali is a breadwinner and threats from militant MQM members were reportedly intensifying.

The situation worsened for the sisters in October when the Nazim or chairman of MQM Union Council 10 used his authority to arrange for their forced admittance into a psychiatric hospital, as reportedly directed by another party member (Siraj Rajput of MQM Coordination Committee at 9-0 Karachi). The sisters were forced to flee and took shelter with the family friend who had helped them before, Mr. Saleem Qaudri. To make this culturally and legally acceptable, Zainab chose to become Qaudri's second wife on 3 November.

Nevertheless the police were ordered to file a case of rape, kidnap and theft against Qaudri (FIR no. 261/08) by a member of the provincial assembly elected from the MQM platform (Mr. Sohail Yousuf). Qaudri was arrested on 11 November 2008 and was only released by the judicial magistrate when Zainab produced a marriage certificate.

Almost three months after the rape and acid-throwing, the sisters' application at Hyderabad Additional Session Court finally came through, and police were ordered to file an FIR against the accused. A medical test was performed on Zainab but it was inconclusive due to the delay. An Inspector (Nasir Nawab) began to legitimately investigate the case before being promptly suspended because, we are reliably told, of pressure from the MQM. The three perpetrators were granted bail. Zainab and Shehla asked for police protection but did not receive any.

Emerging from a court hearing on 26 February 2009, Zainab was abducted at gunpoint by Ali, the girls' own brother and three others. Fortunately the van's route was blocked and she was rescued by passing motorcyclists; however officers at Hyderabad's Cantonment police station refused to file the case.

Zainab then bypassed the police and took the case to the court of Session no. 6, Hyderabad, requesting (according to article 22A of the Code of Criminal Procedure) that the police file a case. The court issued the order on 24 March, but it was then blocked by a stay order from the High Court at the request of the accused men. The judge, Justice Muslin Hani, then asked for a report on the situation from the district police officer (DPO Javed Odho) who naturally refuted the allegations. His report on 18 April 2009 recommended that the case against the men be dropped due to insufficient evidence. The high court closed it.

Giving up on the law, Zainab and Shehla decided to hold a press conference at Hyderabad press club on 22 August. Two days later Zainab's husband, Qaudri, and his guests were attacked in a Latifabad restaurant. Police intervened but refused to register a case. Neither did they accept the report of Qaudri's medical examination.

The original case of rape and acid-throwing is now pending in Session and District Court no. 6, Hyderabad, with no progress made. The witnesses – Shehla Zia, Asif Qaudri, Mohammad Afzal and Saleem Qaudri – say that they get continuous threats from the party in office. They have been told to expect poor treatment if the case does eventually get taken up properly.

ADDITIONAL COMMENTS:

This is not an isolated case in Pakistan, and Zainab and Shehla's ordeal just goes to show what can happen to the average Pakistani who tries to access justice in certain areas of the country, rural and urban. At this level of corruption, a judiciary and law enforcement system has lost every trace of independence and simply become tools for those with money and political paunch, even low level politicians. This case not only exposes the failure of the nation's basic judicial systems, but the endemic political corruption that is breaking it. Here the law has simply become a commodity available to those who can afford to trade in it.

As well as violating the spectrum of its own constitutional laws, the actions of Hyderabad's officers, political party members and judges in this case done nothing to ensure a fair trial, a right to remedy or any other rights enshrined by the UN's International Covenant on Civil and Political Rights, which Pakistan signed last year.

With such strong and constant examples of lawlessness among those who are meant to enforce the law, it is a wonder that there is any faith left in the system at all.

SUGGESTED ACTION:

Please write to the following authorities calling for the immediate protection of those under threat. Please join us in condemning the gross miscarriages of justice and examples of impunity, and demanding a prompt and impartial inquiry into the case.

Please be informed that the AHRC is writing a letter to the UN Special Rapporteur on violence against women and on the independence of judges and lawyers, requesting their intervention.

To support this appeal please click here:

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SAMPLE LETTER:

Dear __________,

Re: PAKISTAN: The trade of justice continues as police protect ruling party members who raped and abducted one woman, and threw acid on another

Names of victims:

1. Ms. Zainab Zia, 24, wife of Saleem Qaudri
Resident of house number 1249, Amani Shah colony number 11
Latifabad Unit number 12, Hyderabad district
Sindh province

2. Ms. Shehla Zia, 21,
Resident of house number 1249, Amani Shah colony number 11
Latifabad Unit number 12, Hyderabad district
Sindh province

3. Mr. Saleem Qaudri
Resident of house number 1249, Amani Shah colony number 11
Latifabad Unit number 12, Hyderabad district
Sindh province

4. Mr. Aslam Hyderi
witness to rape incident
Amani Shah colony number 11
Latifabad Unit number 12, Hyderabad district
Sindh province

Names of perpetrators:
1. Mr. Mohammad Ali,
Resident of House number E86,
Amani Shah Colony, Latfabad unit 11, Hyderabad district
Sindh province

2. Mohammad Ismail
Resident of House number E86
Amani Shah Colony, Latfabad unit 11, Hyderabad district
Sindh province

4. Inspector Hassan Ali Abdi,
Station Head Officer (SHO) of A section police station Latifabad
Hyderabad
Sindh province
5. Sohail Yousuf, member of Sindh Assembly,
Hyderabad

6. Siraj Rajput, member of coordination committee, MQM,
Nine Zero, Azizabad, Karachi,
Sindh province

7. Kamran Khanzada, sector in charge, block B, unit number 7, Latifabad,
Hyderabad, Sindh province

Place of Incident: Latfabad, Hyderabad district, Sindh province
Date of Incident: 10 September 2008 until present

I am writing to register my shock and concern for the violence committed against two women by various MQM party members, and the collusion of police officers and high officials to block the victims' access to redress.

According to the information I have been given Ms. Zainab Zia, 24, was raped on 10 September 2008 by her brother-in-law Mohammad Ali, who is an active MQM member in Hyderabad. Later he and two other party members (Saleemuddin, the victim's uncle and Ismail, her cousin) tied up the girls, throwing acid at Shehla, and kerosene on Zainab. Moments before they set her alight, two family friends rescued the girls and took them to the Civil Hospital, Hyderabad, where a medical report was obtained.

I am told that during the next two months the sisters tried to lodge an FIR several times, but were blocked by Station Head Officer (SHO) Hassan Ali Abdi, a former MQM activist. I am told that this was due to pressure from MQM leaders. Police also refused to conduct a crucial physical examination for evidence of the rape.

The situation worsened for the sisters in October when the Nazim or chairman of MQM Union Council 10 used his authority to arrange for their forced admittance into a psychiatric hospital, as reportedly directed by another party member (Siraj Rajput of MQM Coordination Committee at 9-0 Karachi). The sisters were forced to flee and took shelter with the family friend who had helped them before, Mr. Saleem Qaudri. To make this culturally and legally acceptable, Zainab became Qaudri's second wife on 3 November.

Nevertheless the police were ordered to file a case of rape, kidnap and theft against Qaudri (FIR no. 261/08) by a member of the provincial assembly elected from the MQM platform (Mr. Sohail Yousuf). Qaudri was arrested on 11 November 2008 and was only released by the judicial magistrate when Zainab produced a marriage certificate.

Almost three months after the rape and acid throwing, the sisters' application at Hyderabad Additional Session Court finally came through, and police were ordered to file an FIR against the accused. A medical test was performed on Zainab but it was inconclusive due to the delay. An Inspector (Nasir Nawab) began to legitimately investigate the case before being promptly suspended because, I am reliably told, of pressure from the MQM. The three perpetrators were granted bail. Zainab and Shehla asked for police protection, but did not receive any.

Emerging from a court hearing on 26 February 2009, Zainab was abducted at gunpoint by Ali, the girls' own brother and three others. Fortunately their van's escape was stopped and she was rescued by passing motorcyclists, however officers at Hyderabad's Cantonment police station refused to file the case.

Zainab then bypassed the police and took the case to the court of Session no. 6, Hyderabad, requesting (according to article 22A of the Code of Criminal Procedure) that the police file a case. The court issued the order on 24 March, but it was then blocked by a stay order from the High Court at the request of the accused men. The judge, Justice Muslin Hani, then asked for a report on the situation from the district police officer (DPO Javed Odho) who naturally refuted the allegations. His report of 18 April recommended that the case against the men be dropped due to insufficient evidence. The high court closed it.

Giving up on the law, Zainab and Shehla decided to hold a press conference at Hyderabad press club on 22 August 2009. Two days later Zainab's husband, Qaudri and his guests were attacked in a Latifabad restaurant. Police intervened but refused to register a case. Neither did they accept the report of Qaudri's medical examination.

The original case of rape and acid-throwing is now pending in Session and District Court no. 6, Hyderabad, with no progress made. The witnesses – Shehla Zia, Asif Qaudri, Mohammad Afzal and Saleem Qaudri – say that they get continuous threats from the party in office. They have been told to expect poor treatment if the case does eventually get taken up properly.

I am aware that this is not an isolated case in Pakistan, and that Zainab and Shehla's ordeal just goes to show what can happen to the average Pakistani who tries to access justice in certain areas of the country. At this level of corruption, a judiciary and law enforcement system has lost every trace of independence and simply become tools for those with money and political paunch, even low level politicians. This case not only exposes the failure of the nation's basic judicial systems, but the endemic political corruption that is breaking it. Here the law has simply become a commodity available to those who can afford to trade in it.

As well as violating the spectrum of its own constitutional laws, the actions of Hyderabad's officers, political party members and judges in this case done nothing to ensure a fair trial, a right to remedy or any other rights enshrined by the UN's International Covenant on Civil and Political Rights, which Pakistan signed last year.

With such strong and constant examples of lawlessness among those who are meant to enforce the law, it is a wonder that there is any faith left in the system at all.

It is also unacceptable to hear that rape is still commonly employed in Pakistan as a tool of intimidation, yet given little priority in its courts and police stations. I urge you to order a prompt and impartial investigation into the various allegations of corruption, resulting in the discharge and prosecution of those proven guilty. I also expect you to arrange for immediate relief and protection for the victims, who are under continuous threat from the ruling partner of the government.

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
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

7. Inspector General of Police
Sindh Province,
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)


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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.