PAKISTAN: Child and young day laborer missing after being arrested by State Agencies

ASIAN HUMAN RIGHTS COMMISSION - URGENT APPEALS PROGRAMME

Urgent Appeal Case: AHRC-UAC-108-2017
ISSUES: Administration of justice, Child rights, Enforced disappearances and abductions, Extrajudicial killings, Indigenous people, Rule of law, Torture,

Dear Friends,

The Asian Human Rights Commission (AHRC) has received updated information regarding two missing persons. A brilliant, 16 ½ year old student and a 21 year old day laborer who were picked up by uniformed Officers and others in plainclothes. The laborer’s family could not file a case because of monetary concerns. In the case of the student, the Police denied that he is in their custody. Meanwhile, representatives from State Agencies, particularly, refuse to attend the High Court proceedings or follow their orders.

The parents’ of the missing persons are apprehensive. They fear that their family members may be tortured or killed while in illegal custody, if the victims do not give the required Confessional Statement to the Security Forces.

CASE NARRATIVE:

Master Jatoi missing: At 4 a.m. on July 10, 2017, a raid was carried out by plain clothed men, Pakistan Rangers from the Sindh Region and men dressed in black with the sign of an Eagle on their persons. They forcibly entered the house of a prominent book writer and columnist, Mr. Habib Jatoi. These Law- Enforcement Agency (LEA) staff went into the house, gathered all the women and children together, pointed guns at them and threatened them not to shout. Cell phones from the men and women were quickly snatched up.

The raiders at once grabbed 16 1/2 year old, Master Saif Jatoi, blind-folding him. They dragged him to trucks standing outside the house. Whenever family members tried questioning their child’s arrest, they were silenced by having guns pointed at them.

Master Jatoi remains an outstanding student getting high grades in his school and college examinations. He is a student of the medical sciences, studying for a degree in the Qasimabad College, Hyderabad.

After Master Jatoi’s arrest, his father went to file a police report at the Bhitai police station. However, the Station House Officer (SHO) denied that his child had been arrested by the Police. The SHO also refused to file a police report–an FIR, as the victim was taken into custody by the Security Forces.

The father had also filed a petition in the Sindh High Court in Karachi and a Double Bench is hearing the case of his son’s disappearance. Before the Divisional Bench, during the last three hearings, senior Police Officers from the province and district of Hyderabad and the police station district submitted their reply. They denied that the person in question is in their custody or that the Police have arrested him. After two hearings, the Sindh Rangers also denied that Rangers had arrested him. However, during the last three hearings the Intelligence agency, the ISI, has refused to attend the court proceedings. The ISI is mentioned in the petition as one of the accused organizations who arrested the boy.

In the petition, lawyer Mohammad Khan Burho maintained that his disappearance is a gross violation of Article 10 of the Constitution and Section 161 of the Pakistan Criminal Procedure. It says that: if a person is arrested he should be produced before the Courts within 24 hours of his arrest. The lawyer has also filed a petition for a Writ of Habeas Corpus.

Mumtaz Soomro is missing:

Mr. Mumtaz Soomro 21, a laborer at the M4 garment factory, was arrested and blindfolded from his quarter on July 10 at 4 a.m. This was done by men in plainclothes and uniformed Officers from Juma Goth, Korangi, Karachi. At present his whereabouts remains unknown. His family members are very poor and did not have enough money to file a petition in the Courts. But later, when his father, a day laborer, went to file a police report, he was refused. Security forces they said were involved in the arrest, so, in this circumstance the Police cannot interfere.

His parents had migrated to Karachi from their village five or six year ago. They live at Lasi Goth, Bhiati Chowk, New Karachi. Mumtaz Soomro was working 25 kilometers distance from his parents’ home.

It is said that the victim was a Nationalist. He was talking up the rights of the Sindhi indigenous people. His parents were apprehensive. As a missing person he may be tortured or killed while in illegal custody if he does not give the required Confessional Statement to the Security Forces.

 

SUGGESTED ACTION:

Please write letters to the following Authorities. Call them to immediately recover two missing persons from Sindh Province, including a child, Master Saif Jatoi and a young day laborer, Mr. Mumtaz Soomro. Urge them to stop the disappearances of innocent persons. Should there be such a case, the missing person must be tried under the Constitution and Laws of the land. Condemn the illegal arrests by Security Forces who act above the law by using Police powers for which they are not authorized. The Government must act according to the Rule of Law, punishing all those who detained and disappeared an innocent child and a young, day laborer.

The AHRC is writing a separate letter to the UN Working Group on Involuntary and Enforced Disappearances, calling for their intervention into this matter”.

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

SAMPLE LETTER

Dear ___________,

PAKISTAN: Child and young day labourer missing after being arrested by State Agencies

Name of victims:
1.Master Saif Jatoi, 16 1/2 year old, son of Habib Jatoi, resident of flat 07, Nasim Shopping Mall, block 66, Qasimabad, Hyderabad, Sindh
2. Mr. Mumtaz Soomro 21, a day labourer, son of Aijaz Soomro, resident of Lasi goth, Bhitai chowk, New Karachi, Karachi, Sindh province

Names of alleged perpetrators:
1. State Intelligence Agencies
2. Unknown men dressed in uniform black clothes, bearing eagle marks

Date of incident: July 10, 2017
Place of incident: Korangi Karachi and Qasimabad, Hyderabad

I am writing to voice my deep concern regarding a missing 16 ½ year old student-a high achiever and a 21 year old, young day laborer. They were picked up by uniformed Officers and some plain clothed persons. The family of the young man could not file a case because they did not have the required money and the other is a student. The Police denied that he is in their custody. Representatives from State Agencies particularly refused to attend the High Court proceedings or follow their orders for comments on the Application of Disappearance.

I am seriously concerned that persons in illegal custody may be tortured or killed if the victims do not give the required Confessional Statement to the Security Forces.

Master Jatoi missing:

I received the information that at 4 a.m. on July 10, 2017, a raid was carried out by plain clothed men, Pakistan Rangers from the Sindh Region and men dressed in black with the sign of an Eagle on their persons. They forcibly entered the house of a prominent book writer and columnist, Mr. Habib Jatoi. These Law- Enforcement Agency (LEA) staff went into the house, gathered all the women and children together, pointed guns at them and threatened them not to shout. Cell phones from the men and women were quickly snatched up.

I am appalled that the raiders at once grabbed 16 1/2 year old, Master Saif Jatoi, blind-folding him. They dragged him to trucks standing outside the house. Whenever family members tried questioning their child’s arrest, they were silenced by having guns pointed at them.

Master Jatoi remains an outstanding student getting high grades in his school and college examinations. He is a student of the medical sciences, studying for a degree in the Qasimabad College, Hyderabad.

After Master Jatoi’s arrest, his father went to file a police report at the Bhitai police station. However, the Station House Officer (SHO) denied that his child had been arrested by the Police. The SHO also refused to file a police report–an FIR, as the victim was taken into custody by the Security Forces.

I may say that the behavior of law enforcement agencies towards judiciary is very pathetic. The father had also filed a petition in the Sindh High Court in Karachi and a Double Bench is hearing the case of his son’s disappearance. Before the Divisional Bench, during the last three hearings, senior Police Officers from the province and district of Hyderabad and the police station district submitted their reply. They denied that the person in question is in their custody or that the Police have arrested him. After two hearings, the Sindh Rangers also denied that Rangers had arrested him. However, during the last three hearings the Intelligence agency, the ISI, has refused to attend the court proceedings. The ISI is mentioned in the petition as one of the accused organizations who arrested the boy.

In the petition, lawyer Mohammad Khan Burho maintained that his disappearance is a gross violation of Article 10 of the Constitution and Section 161 of the Pakistan Criminal Procedure. It says that: if a person is arrested he should be produced before the Courts within 24 hours of his arrest. The lawyer has also filed a petition for a Writ of Habeas Corpus.

Mumtaz Soomro is missing:

This is very shocking for me that Mr. Mumtaz Soomro 21, a laborer at the M4 garment factory, was arrested and blindfolded from his quarter on July 10 at 4 a.m. Men in plainclothes and uniformed Officers did this from Juma Goth, Korangi, Karachi. At present his whereabouts remains unknown. His family members are very poor and did not have enough money to file a petition in the Courts. But later, when his father, a day laborer, went to file a police report, he was refused. Security forces they said were involved in the arrest, so, in this circumstance the Police cannot interfere.

His parents had migrated to Karachi from their village five or six year ago. They live at Lasi Goth, Bhiati Chowk, New Karachi. Mumtaz Soomro was working 25 kilometers distance from his parents’ home.

It is said that the victim was a Nationalist. He was talking up the rights of the Sindhi indigenous people. His parents were apprehensive. As a missing person, he may be tortured or killed while in illegal custody if he does not give the required Confessional Statement to the Security Forces.

I therefore urge you to immediately recover two missing persons from Sindh Province, including a child, Master Saif Jatoi and a young day laborer, Mr. Mumtaz Soomro. I also you to stop the disappearances of innocent persons. Should there be such a case, the missing person must be tried under the Constitution and Laws of the land. I condemn the illegal arrests by Security Forces who act above the law by using Police powers for which they are not authorized. The Government must act according to the Rule of Law, punishing all those who detained and disappeared an innocent child and a young, day laborer.

 

Yours Sincerely,

……………….

PLEASE SEND YOUR LETTERS TO:

1. Mr. Shahid Khaqan Abbasi
Prime Minister of Pakistan 
Prime Minister House
Islamabad
PAKISTAN
Fax: +92 51 922 1596
Tel: +92 51 920 6111, 
E-mail: secretary@cabinet.gov.pk, pspm@pmsectt.gov.pk

2. Mr. Murad Ali Shah
Chief Minister of Sindh
The Government of Sindh Province 
Karachi, Sindh Province
PAKISTAN
Fax: +92 21 920 2000
Email: pressecy@cmsindh.gov.pk

3. Federal Minister of Interior Affairs 
Ministry of Interior of Pakistan
R Block, Pak Secretariat
Islamabad 
PAKISTAN
Tel: +92 51 9212026
Fax: +92 51 9202624
Email: interior.complaintcell@gmail.com, ministry.interior@gmail.com

4. Minister For Human Rights 
Through Secretary, Ministry of Human Right
ministry of human rights
State Life Building No. 5, Blue Area, Jinnah Avenue, China Chowk, 
Islamabad 
Tel: 051-9216620, 
Fax: 051-9216621,
Email: secretary@mohr.gov.pk

5. Mr. Tahir Shahbaz
Registrar
Supreme Court of Pakistan
Constitution Avenue, Islamabad
PAKISTAN
Fax: +92 51 9213452
Email: mail@supremecourt.gov.pk

6. Chief Justice of Sindh High Court
High Court Building
Saddar, Karachi
Sindh Province
PAKISTAN
Fax: +92 21 9213220

7. Mr. Anwar Sial 
Home Minister,
Government of Sindh
Barrack 79, Pakistan Secretariat
Near MPA hostel
Karachi, Sindh Province
PAKISTAN
Fax: +92 21 9204456
Tel: +92 21 9201920-1
E-mail: secy.home@sindh.gov.pk

8. Justice Majida Rizvi
Regional Directorate of Human Rights, 
Block no. 5, Sindh Secretariat No.4-A, Frere Road, Karachi.
Ph: 92-21-99205835 
Fax: 92-21-99205837
Email: justicerazvi@hotmail.com
Thank you.

Thank you.

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