PAKISTAN: teenage victim of torture committed suicide after being distraught by the judiciary

ASIAN HUMAN RIGHTS COMMISSION - URGENT APPEALS PROGRAMME

Urgent Appeal Case: AHRC-UAC-120-2015
ISSUES: Child rights, Impunity, Rule of law, Torture,

Dear friends

The Asian Human Rights Commission (AHRC) has received information through Human Development Organization HDO Hazara Division KPK province that a teenage victim of police access and custodial torture and who was being habilitated at the rehabilitation facility of HDO has committed suicide. Three teenage boys from an urban locality suffered severe physical and mental torture when police arbitrarily detained them unrecorded for five days in Haripur district of Khyber Pakhtunkhwa province.

The Victims had initiated criminal proceeding against the police officers with the support of HDO however judicial magistrate turned down their application forcing them to challenge the decision in the district court. The victim was quite demoralized with severe depression and suicidal thoughts following pressure from police and having discontinued psychological treatment he got isolated from the family and on the evening of September 24, he hit his temple with pair of scissor and critically injured. After remaining hospitalized for five days Ali Raza died at Ayub Medical Complex Abbottabad on September 29.

CASE NARRATIVE:

Two teenage brothers Ali Raza 18 and Qaisar Mehmood 16, sons of Bashir and their friend , and Waseem 17 son of Salim Gul, residents of Aslam Colony Gehr Khan Road Haripur, while recording their statement with Human Development Organization HDO for seeking medical, psychological rehabilitation and legal assistance told that on September 12, they were in their homes, when at around 9.30 am, plain clothed policemen barged into Ali Raza’s home and dragged the two brothers out. Upon resistance from their sisters and mother, intruders who were having no search or arrest warrants, introduced themselves as policemen. They told the family that the boys were being taken to police station for brief questioning regarding a complaint and would be sent back shortly.

They drove them straight to a residential area on the backside of City police station where they stripped them all first and tied their hands overhead and placed a bamboo stick between the neck and the arms. Their feet were also fastened with rope and the well built policemen started beating them.

They used bamboo sticks to hit the teenage boys nonstop for hours asking them to confess that they are part of gang of robbers and should disclose their names. They were kept incommunicado, sleep and food less for whole nights. Three to four policemen intermittently jumped over their bodies. The officers used abusive language and intimidating them by putting pistol on their temples .the teenagers were shown a list of suspects and repeatedly forced them to confess that they were their accomplice.

Next day when their families visited City police station to inquire about them, the policemen shifted them to Khalabat Township police station where they remained detained unrecorded for two more days.

On the evening of fourth day the families of the boys held a press conference demanding their immediate release following which the boys were shifted to Kotnajibullah police station where they were again exposed to third degree torture. Pressurized by local media the police registered a case against the boys on September 15 under section 54/109 of PPC (caught wandering) and brought to the court of judicial magistrate the next day. the teenagers were threatened by the officers not to complain of torture and to state that that were arrested for wandering in the streets at night. The boys were set free on personal sureties by the magistrate without asking mandatory question regarding ill treatment during detention. 

On 17 September the three victims visited HDO’s office where they were provided with medical assistance for bruises, body pain, fever, and urine infection while for helping them getting rid of depression the demoralized survivors of custodial abuse attended two sessions of psycho counseling. The HDO’s panel of lawyers filed application with the judicial magistrate praying for medical examination before registration of criminal case against the perpetrators. But the court turned it down terming it not maintainable at this stage as they had the opportunity to speak against the police when they were brought before the same court.

The HDO again moved the court of District Judge demanding registration of criminal case against the perpetrators. But as usual the police pressurized the family to the extent that boys stopped attending court hearing and got disconnected with HDO. The case is still pending with the court.

Ali Raza was quite demoralized with severe depression and suicidal thoughts following pressure from police and having discontinued psychological treatment he got isolated from the family and on the evening of September 24, he hit his temple with pair of scissor and critically injured. After remaining hospitalized for five days Ali Raza died at Ayub Medical Complex Abbottabad on September 29.

Haripur Deputy Superintendent Ishtiaq Khan rejected the allegation of police torture. He insisted the teenagers were arrested on September 15 on charges of wandering the streets and were released the following day.“Raza’s suicide is not connected with the case,” he said. “He decided to take the step after a dispute with his family.”

Additional information

Earlier last week another young man Noman Khan, a former Local Body candidate for youth councilor from Khalabat Township, also committed suicide and his family accused the police of exposing him to torture and humiliation in a robbery case. Police access have become a common practice the lower judiciary also becomes an accomplice to police torture and seldom inquire of torture in custody from the accused when he is presented before them. The victim of torture often complain that the judicial magistrate often ignore their complaint of torture and very rarely order medical examination even when torture marks are apparent.
Suggested Actions 

Please write letters to the following authorities calling upon them to hold an inquiry into the police torture and bring the perpetrator to justice. The bereaved family must be compensated for the trauma suffered by them the remaining two victims must be afforded the best medical and psychological care.

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

SAMPLE LETTER

Dear ………………..,

PAKISTAN: teenage victim of torture committed suicide after being distraught by the judiciary

Name of victim:
1. Ali Raza 18 year old, son of Bashir
2. Qaisar Mehmood 16 year old, son of Bashir
3. Waseem 17 son of Salim Gul, 
All three residents of Aslam Colony Gehr Khan Road Haripur,

Names of alleged perpetrators: 
1. Constable Khalid of City police station 
2..Constable Malik Shoroz of City Police Station
3. Sub inspector Saeed Kotnajibulah Police Station
4. Two other police personnel whom the complainant can identify but don’t know their names

Place of incident: City police station Haripur

I am writing to voice my deep concern regarding the suicide committed by the teenage victim of custodial torture. Three teenage boys from an Haripur locality suffered severe physical and mental torture when police arbitrarily detained them unrecorded for five days in Haripur district of Khyber Pakhtunkhwa province.

I am appaled to know that the victims had initiated criminal proceeding against the police officers however judicial magistrate turned down their application forcing them to challenge the decision in the district court. The victim Ali Raza was quite demoralized with severe depression and suicidal thoughts following pressure from police and having discontinued psychological treatment he got isolated from the family and on the evening of September 24, he hit his temple with pair of scissor and critically injured. After remaining hospitalized for five days Ali Raza died at Ayub Medical Complex Abbottabad on September 29.

According to the information I have received Two teenage brothers Ali Raza 18 and Qaisar Mehmood 16, sons of Bashir and their friend , and Waseem 17 son of Salim Gul, residents of Aslam Colony Gehr Khan Road Haripur, while recording their statement with Human Development Organization HDO for seeking medical, psychological rehabilitation and legal assistance told that on September 12, they were in their homes, when at around 9.30 am, plain clothed policemen barged into Ali Raza’s home and dragged the two brothers out. Upon resistance from their sisters and mother, intruders who were having no search or arrest warrants, introduced themselves as policemen. They told the family that the boys were being taken to police station for brief questioning regarding a complaint and would be sent back shortly.

They drove them straight to a residential area on the backside of City police station where they stripped them all first and tied their hands overhead and placed a bamboo stick between the neck and the arms. Their feet were also fastened with rope and the well built policemen started beating them.

I am shocked to know that the police officers used bamboo sticks to hit the teenage boys nonstop for hours asking them to confess that they are part of gang of robbers and should disclose their names. They were kept incommunicado, sleep and food less for whole nights. Three to four policemen intermittently jumped over their bodies. The officers used abusive language and intimidating them by putting pistol on their temples .the teenagers were shown a list of suspects and repeatedly forced them to confess that they were their accomplice.

Next day when their families visited City police station to inquire about them, the policemen shifted them to Khalabat Township police station where they remained detained unrecorded for two more days.

On the evening of fourth day the families of the boys held a press conference demanding their immediate release following which the boys were shifted to Kotnajibullah police station where they were again exposed to third degree torture. Pressurized by local media the police registered a case against the boys on September 15 under section 54/109 of PPC (caught wandering) and brought to the court of judicial magistrate the next day. the teenagers were threatened by the officers not to complain of torture and to state that that were arrested for wandering in the streets at night. The boys were set free on personal sureties by the magistrate without asking mandatory question regarding ill treatment during detention. 

On 17 September the three victims visited HDO’s office where they were provided with medical assistance for bruises, body pain, fever, and urine infection while for helping them getting rid of depression the demoralized survivors of custodial abuse attended two sessions of psycho counseling. The HDO’s panel of lawyers filed application with the judicial magistrate praying for medical examination before registration of criminal case against the perpetrators. But the court turned it down terming it not maintainable at this stage as they had the opportunity to speak against the police when they were brought before the same court.

The HDO again moved the court of District Judge demanding registration of criminal case against the perpetrators. But as usual the police pressurized the family to the extent that boys stopped attending court hearing and got disconnected with HDO. The case is still pending with the court.

It saddens me that Ali Raza was quite demoralized with severe depression and suicidal thoughts following pressure from police and having discontinued psychological treatment he got isolated from the family and on the evening of September 24, he hit his temple with pair of scissor and critically injured. After remaining hospitalized for five days Ali Raza died at Ayub Medical Complex Abbottabad on September 29.

Haripur Deputy Superintendent Ishtiaq Khan rejected the allegation of police torture. He insisted the teenagers were arrested on September 15 on charges of wandering the streets and were released the following day.“Raza’s suicide is not connected with the case,” he said. “He decided to take the step after a dispute with his family.”
I am perturbed by the fact that earlier last week another young man Noman Khan, a former Local Body candidate for youth councilor from Khalabat Township, also committed suicide and his family accused the police of exposing him to torture and humiliation in a robbery case. Police access have become a common practice the lower judiciary also becomes an accomplice to police torture and seldom inquire of torture in custody from the accused when he is presented before them. The victim of torture often complain that the judicial magistrate often ignore their complaint of torture and very rarely order medical examination even when torture marks are apparent.

I therefore urge upon you to hold an inquiry into the police torture and bring the perpetrator to justice. The bereaved family must be compensated for the trauma suffered by them the remaining two victims must be afforded the best medical and psychological care.

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, pspm@pmsectt.gov.pk

2.Mr. Pervez Khattak
Chief Minister Khyber Pakhtunkhuwa Province
Chief Minister Secretariat Sahibzada Abdul Qayum Road, Peshawar
Fax:+92-91- 9212337
Tel:+92-91-9222460
E mail: cms_kpk@yahoo.com

3. Mr. Chaudhry Nisar Ali Khan
Federal Minister 
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.Mr. Tahir Shahbaz
Registrar
Supreme Court of Pakistan
Constitution Avenue, Islamabad
PAKISTAN
Fax: +92 51 9213452
Email: mail@supremecourt.gov.pk

5. Chief Justice of Peshawar High Court
Peshawar High Court, Khyber Road, Peshawar, 
Khyber Pakhtunkhwa, Pakistan. 
Tel: +92-91-9210149-58 
Fax: +92-91-9210170

6.Mr Nasir Durrani
Inspector General Police KPK province
Sahibzada Abdul Qayyum Road, Civil Secretariat Peshawar,
Khyber Pakhtunkhwa, Pakistan
Tel:+92-91- 9210084
Fax:+92-91- 9210925

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) 

Thank you.

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

Document Type : Urgent Appeal Case
Document ID : AHRC-UAC-120-2015
Countries : Pakistan,
Campaigns : Abadilla 5
Issues : Child rights, Impunity, Rule of law, Torture,