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PAKISTAN: Police refuse to arrest five men accused of gang raping a 16-year-old girl

October 22, 2009

ASIAN HUMAN RIGHTS COMMISSION – URGENT APPEALS PROGRAMME

Urgent Appeal Case: AHRC-UAC-142-2009



23 October 2009
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PAKISTAN: Police refuse to arrest five men accused of gang raping a 16-year-old girl

ISSUES: Child rights; rape; rule of law; impunity
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Dear friends,

The Asian Human Rights Commission has learned that Sargodha city police have made no moves to arrest the men accused of gang raping a 16-year-old girl, and are instead supporting an illegal out of court settlement. A session judge has granted the men interim bail to preempt their arrest with little consideration for the victim. The accused are members of a powerful local political party and remain at large. The victim's family has reported difficulties in lodging the case and securing a medical checkup. Investigating officers have told the AHRC that they don't plan to take a DNA test from the accused men.

CASE DETAILS:

According to Miss Ruby Perveen, 16, she was kidnapped at gunpoint and gang raped by five men, some of whom had been following and taunting her for a number of days. Three of the men – Mr. Qiaser Shahzad, Mr. Adeel Shahzad and Mr. Irshad (known as Shada) – are the sons of a powerful landlord, who leads the local PML-Q, a political party.

Ruby reports that on 5 October the five entered her home and stole some jewelry before abducting her, drugging her with chloroform and raping her repeatedly. Her father claims that he alerted emergency services but could not get police assistance. The next day Ruby was found semi conscious at a bus stand in Shumali (North) Sargodha.

Ruby's mother Ramzan Bibi was not able to get help from the Saddar police at first, when she tried to file a First Investigation Report (FIR) at the station on October 6. The family say that they had to ask for help from an assembly member, and registered it a day later (FIR 615/09). Yet no arrests were made, and the family later discovered that some of the accused men had applied for and been granted interim bail from Mr. Samar Hyat Gondal, the Additional Session Judge, Sargodha on 22 October. (This kind of bail is often used when a person suspects that a false case will be filed against them out of malice.)

The victim's family and a Saddar officer told the AHRC that an FIR was not given to the judge, who simply accepted the accused men's promise that an out of court settlement was being arranged. One perpetrator, Qaiser Shahzad, did not consider it necessary to apply for such bail, and no attempts have been made to arrest him. Officers involved have claimed that a settlement is being arranged but Ruby's family have told the AHRC that they do not want to settle and have not been given that option anyway. Such a settlement would be illegal under Pakistan law.

Furthermore, the medical checkup for the victim was not automatically ordered, as the law requires. The family pursued the check up and DNA test themselves, which was authorised by Dr Usman Anwer, the district police officer (DPO) in Sargodha. Yet though a DNA test should also be carried out on the accused, the suspects have not been tested and police have told the AHRC that such a test is not necessary due to the upcoming settlement.

ADDITIONAL COMMENTS:

This case clearly highlights the damage done to the rule of law and the complaints procedure, when monetary settlement becomes an acceptable response to crime. Legally in Pakistan, certain compoundable offences can be settled through the courts. Most criminal cases, including rape, cannot. No cases can legally be settled outside of the court, and police should naturally have no role in mediating them. Traditional systems of compensation, such as Diyat, are continually criticized for allowing the wealthy to go free from any crime by paying 'blood money' and the AHRC has documented many cases in which victims are pressured and threatened into settling cases, such as that case of Hazoor Buksh a few years ago, who had his penis severed during his torture by police, but was forced to settle his case (see: UP-045-2007).

Furthermore as the rape of a minor, this crime should have warranted extra care, responsibility and a sense of particular urgency from the judge and the local police, none of whom appear to have acted in accordance with the Convention on the Rights of the Child, ratified by Pakistan in 1990. As an initial, very basic step, state protection should have been offered to the girl and her family.

This case also has a political dimension. Our reports claim that the assembly member assisting the family, Mr Sardar Kamil Jigar from the Pakistan People's Party, has been the subject of rallies by PML-Q supporters, and a press conference, partly arranged by the local Nazim or chairman of the area, which accuse him of fabricating the case for political reasons. Journalists have complained that they have been pressured into withdrawing negative coverage of the case by PML-Q members.

SUGGESTED ACTION:

Please write to the authorities listed below urging their immediate intervention in this case.

The AHRC has written a separate letter to the UN Special Rapporteur on violence against women, its causes and consequences and to the Chairperson of the Committee on the Rights of the Child calling for their intervention into this case.

To support this appeal please click here:
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SAMPLE LETTER:

Dear __________,

Re: PAKISTAN: Police refuse to arrest five men accused of gang raping a 16-year-old

Name of victim:
Miss Ruby Pervenn, 16; daughter of Mr. Abdul Sattar; resident at Chak Number 101, Shumali Sargodha, Punjab.

Names of alleged perpetrators:
1. Mr. Qiaser Shahzad, son of Mr. Ais Mohammad
2. Mr. Adeel Shahzad, son of Mr. Ais Mohammad
3. Mr. Irshad alias Shada, son of Mr. Ais Mohammad
all resident at Chak 101, Shumali Sargodha, Saddar Police station, Sargodha district, Punjab;
and two other unknown persons.
4. Mr. Choudhry Yaqoob, Nazim (chairman) of Union Council 121, Pind 61, Shumali Sargodha, Sargodha, Punjab.
5. Mr. Riaz Manga, Sub Inspector and Investigation Officer, Saddar police station Sargodha, Sargodha district, Punjab province.

Date of incident: 5 October, 2009.
Place of incident: Chak number 101, Shumali Sargodha, Sargodha, Punjab.

I am writing to express my deep concern regarding the inaction by Saddar police regarding the gang rape of a 16-year-old girl. I am horrified to hear that officers are instead supporting an illegal out of court settlement with those accused.

According to Miss Ruby Perveen, she was kidnapped at gunpoint and gang raped by five men, some of whom had been following and taunting her for a number of days. Three of the men – Mr. Qiaser Shahzad, Mr. Adeel Shahzad and Mr. Irshad (known as Shada) – are the sons of a powerful landlord, who leads the local PML-Q, a political party. Her father claims that he alerted emergency services but could not get police assistance. The next day Ruby was found semi conscious at a bus stand in Shumali (North) Sargodha.

I understand that Ruby's mother Ramzan Bibi was not able to get help from the Saddar police until she asked for the help of an assembly member, and registered FIR 615/09. Yet no arrests were made and the family later discovered that some of the accused men had applied for and been granted interim bail from Mr. Samar Hyat Gondal, the Additional Session Judge in Sargodha on 22 October. This appears to have been granted with little consideration for the victim and I have been told that the FIR was not presented to the judge, who simply accepted the accused men's promise that an out of court settlement was being arranged. One perpetrator, Qaiser Shahzad, did not consider it necessary to apply for such bail, and no attempts have been made to arrest him.

Officers involved have claimed that a settlement is being arranged but Ruby's family have reported that they do not want to settle and have not been given that option. Such a settlement would be clearly illegal under Pakistan law. I am shocked that it is being entertained.

Furthermore, the medical checkup for the victim was not automatically ordered, as the law requires. The family pursued the check up and DNA test themselves, which was authorised by Dr Usman Anwer, the district police officer (DPO) in Sargodha. Yet though a DNA test should also be carried out on the accused, the suspects have not been tested and police have told the AHRC that such a test is not necessary due to the upcoming settlement.

As you must be aware, immeasurable damage is done to the rule of law and the complaints procedure when monetary settlement becomes an acceptable response to crime, and when victims can be pressured and threatened into settling cases. As the rape of a minor, this crime should also have warranted extra care, responsibility and a sense of particular urgency from the judge and the local police, none of whom appear to have acted in accordance with the Convention on the Rights of the Child, ratified by Pakistan in 1990.

Finally I hear that journalists have complained that they have been pressured into withdrawing negative coverage of the case by PML-Q members, which is a matter that deserves serious attention.

I urge that this case be taken swiftly through the appropriate legal channels and that protection and redress is provided for the young rape victim and her family. The first clear step would be to arrest those who she has accused of her rape, regardless of the political power they may wield. Please also ensure that the negligent officers in this case be thoroughly investigated and disciplined or charged accordingly.

Yours sincerely,

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PLEASE SEND YOUR LETTERS TO:

1.Mr. Syed Yousaf Raza Gillani
Prime Minister
Prime Minister House
Islamabad
PAKISTAN
Fax: +92 51 922 1596
Tel: +92 51 920 6111
E-mail: secretary@cabinet.gov.pk

2. Minister for Interior
R Block Pak Secretariat
Islamabad
PAKISTAN
Tel: +92 51 9212026
Fax: +92 51 9202624
E-mail: ministry.interior@gmail.com or interior.complaintcell@gmail.com

3. Mr. Mian Shahbaz Sharif
Chief Minister of Punjab
H-180 Model Town
Lahore
PAKISTAN
Fax: +92 42 5881383

4. 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

5. Minister of Law
Government of Punjab
Punjab Secretariat
Ravi Road
Lahore
PAKISTAN
E-mail: law@punjab.gov.pk

6. Chief Secretary of Government of Punjab
Punjab Secretariat
Lahore
PAKISTAN
Fax: +92 42 7324489
E-mail: chiefsecy@punjab.gov.pk

7. Mr. Salman Taseer
Governor of Punjab
Governor House
Mall Road
Lahore
PAKISTAN

8. Dr. Faqir Hussain
Registrar
Supreme Court of Pakistan
Constitution Avenue
Islamabad
PAKISTAN
Fax: + 92 51 9213452
E-mail: mail@supremecourt.gov.pk

Thank you.

Urgent Appeals Programme
Asian Human Rights Commission (ua@ahrchk.org)


Document Type :
Urgent Appeal Case
Document ID :
AHRC-UAC-142-2009
Countries :
Issues :
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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.