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PAKISTAN: Two persons were killed in police encounter

July 11, 2008

[NOTICE: The AHRC has developed this automatic letter-sending system using the "button" below. However, in this appeal, we could not include e-mail addresses of some of the Pakistan authorities. We encourage you to send your appeal letters via fax or post to those people. Fax numbers and postal addresses of the Pakistan authorities are attached below with this appeal. Thank you.]

ASIAN HUMAN RIGHTS COMMISSION - URGENT APPEALS PROGRAMME

Urgent Appeal Case: AHRC-UAC-156-2008



12 July 2008
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PAKISTAN: Two persons were killed in police encounter

ISSUES: Encounter killings, police assault, custodial death, impunity, rule of law
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Dear friends,

The Asian Human Rights Commission has received information that two persons have been killed whilst in police custody. One of the deceased was a political activist. In the first statement issued by the police they reported that no weapons were found in the possession of the victim. However, a subsequent statement issued the following day reported that the victims were traveling in a stolen car and that a pistol and ammunition had been recovered.

CASE DETAILS:

Mr. Ali Gohar Chandio, 36, a property dealer and activist of the Pakistan Peoples’ Party (Shaheed Bhutto faction) was going to his business with his driver, Mr. Ghulam Nabi Chandio, on July 10. When they reached the Abul Hassan Isphani road, Karachi, a car with plain cloth police officers intercepted their car and stopped them. Without warning or any explanation as to why the car had been stopped Mr. Ishaq Lashari, Inspector Investigation officer of Feroz Abad police station, came out with his accomplices and fired at the rear windscreen. Mr. Ali Gohad and Mr. Ghulam tried to get out of the car and take shelter. When Mr. Ali Gohar Chandiocame out from the car, Inspector Ishaq Lashari opened fire at him, killing him at the spot. The driver was later on shot and injured and the police would not allow anybody to assist him. He succumbed to injuries before reaching the hospital. This incident took place at noon and the police issued its version of police encounter in the late evening. Police said that a police party chased the car from Ferozabad police station, P.E.C.Housing Society, a distance of almost 12 kilometers from the original place of incident, and stopped the car, the occupant of car dodged the police and fired some shots.

On the next day, July 11, police came out with a second statement that a police party headed by Mr. Ishaq Lashari, investigating officer (I.O.) of the Ferozabad police station stopped a suspected car carrying two persons but the driver dodged the police and started firing at the officers. This report went on to say that the police party has stopped the car at Abul Isphahani Road and during that exchange of firing the two men were killed and an AK-47 rifle, one pistol and some currency was taken into. But when contacted the Mubeena police station which has jurisdiction over the area where the incident happened they reported that they came to know of the incident only later and that I.O. Mr. Lashari has not requested permission to take action in the area nor informed them of the incident. According to the police regulation and the law, the Investigation officer has no right to stop any car or pursue it in a division outside his own jurisdiction. The operation division has the authority to work on field operations, not the investigation division. Inspector Lashari, crossed not one but three police jurisdictions without informing the relevant stations or seeking permission from them.

Inspector Ishaq Lashari has a notorious reputation for his involvement in what are believed to be fake police encounters. On July 12, 2006 he entered a village at Moro, 350 kilometers far from Karachi, and arrested several persons. While taking the arrestees back to Karachi one of them, Rasool Bux Brohi was killed and shot dead in mysterious condition. Inspector Lashari declared him a notorious dacoit (robber) with the name of “Mashooq Barohhi” and reported that he had been killed in a police encounter. He later received an award from the police but the media exposed the truth that Inspector Lashari and his team had killed an innocent villager. Following that Inspector Lashari and high officials of Sindh provincial police arrested several members of a family and allegedly tortured them to confess that the deceased was a notorious dacoit. Inspector Lashari and the other police officers involved were jailed through the Suo Motu action of the then Chief Justice Iftekhar Choudhry. However, after Mr. Choudhry was relieved of his post the new judiciary, handpicked by President Musharraf, released all the police officers.

SUGGESTED ACTION:

Please write to the authorities named below expressing your concern in this case about the fake police encounter in which it is apparent that the police are killing people to settle business disputes. Please also demand that police officers involved should be arrested and that an independent inquiry should be conducted. Compensation should also be paid to the victims’ families.

The AHRC has written a special letter to the UN Special Rapporteur on Extrajudicial and Summery Execution regarding this matter.

To support this appeal, please click here:

SAMPLE LETTER:

Dear ------------------,

PAKISTAN: Two persons were killed in police encounter

Name of the victims:
1. Mr. Ali Gohar Chandio, a resident of Qamber Ali Khan, Shahdad Kot, and also Sachal Town, Karachi, Sindh- Pakistan
2. Mr. Ghulam Nabi Chandio,
Driver of Mr. Ali Gohar Chandio’s private car, living in the above-mentioned address
Names of the perpetrators:
1. Inspector Ishaq Lashari (Investigation)
Ferozabad police stations, PEC Housing Society, Karachi
2. Four police officers of same police station
Date of incident: 10 July 2008
Place of incident: Abul Hassan Ispahani Road, Gulshan-E-Iqbal, Karachi, Pakistan

I am disturbed to learn of yet another ‘encounter’ killing carried out by the Pakistan police and particularly the involvement of Mr. Ishaq Lashari, an office with a nortorious reputation for his involvement with this killing.

Mr. Ali Gohar Chandio, 36, a property dealer and activist of the Pakistan Peoples’ Party SB was going to his business with his driver, Mr. Ghulam Nabi Chandio, on July 10. When they reached the Abul Hassan Isphani road, Karachi, a car with plain cloth police officers intercepted their car and stopped them. Without warning or any explanation as to why the car had been stopped Mr. Ishaq Lashari, Inspector Investigation officer of Feroz Abad police station, came out with his accomplices and fired at the rear windscreen. The victims tried to get out of the car and take shelter. When Mr. Ali Gohar Chandio came out from the car, Inspector Ishaq Lashari opened fire at him, killing him at the spot. The driver was later on shot and injured and the police would not allow anybody to assist him. He succumbed to injuries before reaching the hospital. This incident took place at noon and the police issued its version of police encounter in the late evening. Police said that a police party chased the car from Ferozabad police station, P.E.C. Housing Society area, a distance of almost 12 kilometers from the incident, and stopped the car, the occupant of car dodged the police and fired some shots.

On the next day, July 11, police came out with a second statement that a police party headed by investigative officer (I.O.) Ferozabad police station stopped a suspected car carrying two persons but the driver dodged the police and started firing at the officers. This report went on to say that the police party has stopped the car at Abul Isphahani Road and during that exchange of firing the two men were killed and an AK 47 rifle, one pistol and some currency was taken into. But when contacted the Mubeena police station which has jurisdiction over the area where the incident happened the reported that they came to know of the incident only later and that I.O. Mr. Lashari has not requested permission to take action in the area nor informed them of the incident. According to police regulation and the law the Investigation officer has no right to stop any car or pursue it in a division outside his own jurisdiction. Inspector Lashari, crossed not one but three police jurisdictions without informing the relevant stations or seeking permission from them.

Inspector Ishaq Lashari has a notorious reputation for his involvement in what are believed to be fake police encounters. On July 12, 2006 he entered a village at Moro, 350 kilo meters far from Karachi, and arrested several persons. While taking the arrestees back to Karachi one of them, Rasool Bux Brohi was killed in mysterious circumstances. Inspector Lashari declared him a notorious dacoit with the name of “Mashooq Barohhi” and reported that he had been killed in a police encounter. He later received an award from the police but the media exposed the truth that Inspector Lashari and his team had killed an innocent villager. Following that Inspector Lashari and high officials of Sindh provincial police arrested several members of a family and allegedly tortured them to confess that deceased was a notorious dacoit. Inspector Lashari and the other police officers involved were jailed through the Suo Motu action of the then chief justice Iftekhar Choudhry. However, after Mr. Choudhry was relieved of his post the new judiciary, handpicked by President Musharraf, released all the police officers.

I trust that you will take action in this case.

Yours sincerely,

PLEASE SEND YOUR LETTERS TO:

1. General Pervez Musharraf
President
President's Secretariat
Islamabad
PAKISTAN
Fax: +92 51 922 1422, 4768/ 920 1893 or 1835
E-mail: (please see-> http://www.presidentofpakistan.gov.pk/WTPresidentMessage.aspx)

2. Mr. Syed Yousaf Raza Gillani
Prime minister of Pakistan
Prime Minister House, Islamabad,
Pakistan
Fax: 92-51-9221596
Tel: +92-51-9206111
E-mail: webmaster@infopak.gov.pk 

3. Mr. Farooq Naik
Minister of Law, Justice and Human Rights
S Block Pakistan Secretariat
Islamabad
PAKISTAN
Fax: +92 51 920 2628
E-mail: minister@molaw.gov.pk

4. Mr. Rehman Malik
Advisor on Minister of Interior
Room No. 404, 4th Floor, R Block,
Pak Secretariat
Islamabad
PAKISTAN
Fax: +92 51 9202624
Tel: +92 51 9212026
E-mail: minister@interior.gov.pk

5. Chief Justice of Sindh High Court
High Court Building
Saddar
Karachi
PAKISTAN
Fax: +92 21 9213220
E-mail: info@sindhhighcourt.gov.pk 

6. Dr. Ishrat-ul-Ebad Khan
Governor of Sindh province
Karachi
PAKISTAN
Fax: +92 21 920 5043
Tel: +92 21 920 1201

7. Syed Qaim Ali Shah
Chief Minister House
Karachi
PAKISTAN
Fax: +92 21 920 2000

8. Chief Secretary
Government of Sindh
Chief Secretariat,
Karachi, Sindh province,
PAKISTAN
Fax: +92 21 9211946
Tel: +92 21 921950
E-mail: cs.sindh@sindh.gov.pk

9. Secretary
(Criminal Prosecution) SGA &CD Department
Government of Sindh
Sindh Secretariat,
Karachi, Sindh Province
PAKISTAN
Fax: +92 21 9213873
Tel: +92 21 9213327-6
E-mail: secy.cpsd@sindh.gov.pk

10. Registrar
Supreme Court of Pakistan
Supreme Court Building
Islamabad
PAKISTAN
Fax: +92 51 9213452
Tel: +92 51 9213770
E-mail: registrar@supremecourt.gov.pk 

11. Ms. Nadia Gabol
Minister for Human Rights
Government of Sindh,
Pakistan secretariat, Barrack 92,
Karachi
PAKISTAN
Tel: +92 21 9207043
Fax: +92 21 9207044
E-mail: lukshmil@yahoo.com

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

Document Type :
Urgent Appeal Case
Document ID :
AHRC-UAC-156-2008
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.