PAKISTAN: Police officials kidnap and arbitrarily detain a labourer for ransom

July 14, 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-159-2008

15 July 2008
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PAKISTAN: Police officials kidnap and arbitrarily detain a labourer for ransom

ISSUES: Corruption; illegal detention; torture; impunity; rule of law
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Dear friends,

The Asian Human Rights Commission has received information that a high ranking police official, Senior Superintendent (SSP) Shafiq Gujjar, of the Punjab police, who was appointed by the newly elected Chief Minister of the Punjab province, Mr. Mian Shahbaz Shareef. Mr. Shafiq, the SSP, has used police officers of four different districts to keep a labourer in illegal detention for the return of some money to which the victim was witness/guarantor. The officers involved continued to deny his arrest even after 15 days following an investigation by a newspaper reporter. Aware of the fact that the SSP Shafiq had been appointed by the chief minister of the province, the reporter Mr. Mohammad Ahmed Noorani of 'The News', a daily newspaper, obtained the assistance of another senior journalist, who contacted the office of Mian Shehbaz Shareef, the chief minister, and talked about the illegal detention of Hanif under the custody of SSP Shafiq. The chief minister denied the arrest of any such person and praised the police officer in question. However, after realising that the journalists were fully aware of the arrest and even place of detention, the victim was released in the early hours of July 13, 2008 on his instructions. The victim was arrested 450 kilometres away but was released just eight kilometres away from the chief minister's residence where he had been detained in the private jail of a notorious drug dealer of the province named Shoukat Khokhar. The victim was severely tortured in three different police lock ups for the return of the money. The victim is the father of five small children including one disabled child and previously suffered kidney disease for which he underwent an operation two years previously. After release, the victim, Mr. Hanif, said that every police officer was asking me to return the amount to SSP Shafiq, by taking his name categorically.

Mr. Mohammad Ahmed Noorani, an investigative reporter of 'The News, Islamabad', followed up a story about bonded labour working at kilns where police officials are involved in running private businesses, private jails and are involved in the use of bonded labourers. The media were extremely reluctant to publish the story.

CASE DETAILS:

Senior Superintendent of Police (SSP) Mr. Shafiq Gujjar, who used to run his brick kilns mostly situated on Dhoop Sarhi, Raiwand Road Lahore, Punjab province, through his close relative mr. Mohammad Saleem Gujjar, signed an agreement with eleven members including two women of four families of labourers hailing from Bahawalpur, 450 kilometers in south of province, on May 31 2007, on the letterhead of Gujjar Bricks. Being a government official, SSP Shafiq Gujjar did not register the brick kilns in his own name and operated them in the name of his close relative. The agreement between workers and Saleem Gujjar was for a period of one year and an advanced sum of Rs. 400, 000/ was paid to the labourer families to purchase related equipment like donkeys and carts. Muhammad Hanif signed as witness/guarantor of the agreement while Muhammad Saleem Gujjar signed as contractor (Manager) of the Gujjar Bricks. After the agreement, workers had started work on time and purchased the related equipments like donkeys, carts and other materials used in making bricks, with the money given in advance and worked for Gujjar Bricks for more than five months during which the attitude of the management was very harsh towards them. This included abusing the women workers, beating labourers and withholding remunerations. The labourers decided to leave Gujjar Bricks and returned to Bahawalpur and left all the equipment purchased with advance money given by the Gujjar Bricks. The labourers also returned material in writing to management of the company. "We even had to leave remunerations of some days. Gujjar Bricks has to pay us our outstanding amount and we have nothing to pay them," Bilal, one of the signatories to the contract said.

After getting the appointment of SSP, Lahore, the capital city of the province, Mr. Shafiq Gujjar started taking revenge on the poor families and witness/guarantor, Mr. Hanif, almost after six months of the lapse of agreement to show his power. He pressurised victim through different police stations of three different districts and by involving high police officials who themselves are running illegal kilns. On June 29, 2008, the victim, Mr. Mohammad Hanif, was arrested from his house in Bhawalpur, his native place, by Mr. Arshad Warraich, SHO, and Mr. Rafiq, sub inspector, of Shaidani police station, Rahim Yar Khan police and he was kept in Shaidani police station, again 100 kilometers away from his residence.

On June 30, a lawyer and political activist of Bhawalpur district, Mr. Riaz Dahir, visited the Shaidani police station and met Mr. Hanif in the lock up and took pictures of him in detention. Mr. Arshad Warriach, station house officer (SHO) of Shaidani police station, told Raiz Dahir and others that he arrested Hanif on the orders of Mr. Rai Tahir the district police officer (DPO) of Rahimyar Khan District as Hanif, the victim, had to pay Rs. 0.5million to SSP Shafiq Gujjar, the perpetrator. Mr. Riaz Dahir advocate filed a petition on the same day with the session court Rahimyar Khan with all the statements made by the SHO and snaps of Hanif in police station's detention room. Next day Mr. Dahir advocate informed the session court that after his meeting with victim the SHO Shaidani police station shifted him to some other police station. The court appointed a bailiff to visit the police lock up and report. At the time of bailiff's visit the victim was shifted from the police station and the bailiff reported to the court. The court was not satisfied by the reply of SHO who claimed that Mr. Hanif had not been arrested and the court asked for the victim to be produced. At the next hearing SHO Mr. Warriach came with new statement that the house of the victim was raided in a one year old case of the theft of a motor cycle. The police officer said that even though the case was a year old, (May 01, 2007) the owner of the motor cycle, Mr. Nasser Ahmed, has filed this time a new application that Hanif has stolen his motor cycle. The case is still pending in the session court.

Mr. Hanif, was kept in Shaidani police station for one night and then shifted to Pucca Lara police station, Raheeemyar Khan District, 105 kilometers away from his native town, for two nights. This area comes under the jurisdiction of Rai Tahir, district police officer (DPO) Rahimyar Khan. The police at this station physically tortured him to convince him to pay back the amount which was taken by labourers on his assurance. After two days he was taken to Multan city and kept for some time in a road side hotel from where he was handed over to sub inspector Saleem Shoukat and other three constables who took him to Lahore city, 450 kilometres from his house and locked him at Sattoo Katla police station. Mr. Nasir Bajwa (SHO), who was in charge at the police station, asked him to arrange the amount to be given to SSP Shafiq Gujjar otherwise he would never be released. He was tortured continuously for eight nights at Sattoo Katla police station and then shifted to a police kiosk. From there he was shifted to a private jail of a notorious alleged drug peddler, Shoukat Khokar, a close friend of SSP Shafiq and fund raiser of the chief minister.

There are chances that Hanif may be arrested again and this time he will face more brutality of police as Shaidani police station, Rahimyar Khan, has booked him in a fake case of snatching of motor cycle in May 2007.

SUGGESTED ACTION:
Please write to following authorities about your concern about the high police officials of the Punjab province, Pakistan, who are running private business, misusing their official position to illegally arrest labourers and torturing them. Please also demand that Mr. Hanif be provided protection and that the police officials who are involved should be brought before the law and be taken into task for misusing their power. Please also demand that government should investigate the problems of labourers working in bricks kilns which are operated on the basis of slavery.

The AHRC has also written letters to the UN Special Rapporteur on the Question of Torture.

To support this appeal, please click here:

SAMPLE LETTER:

Dear_________,

RE: PAKISTAN: Police officials kidnap and arbitrarily detain a labourer for ransom

Name of the victim:
Mohammad Hanif son of Mohammad Wali,
Cast Arain-
Resident of Shahdra, district Bahawalpur,
Punjab province-PAKISTAN
Name of the perpetrators:
1. Mr. Shafiq Gujjar
Senior superintendent of police, Lahore,
Owner of Gujjar Bricks Company, Nai Abadi,
Dhoop Sarhi, Rai wind road , Lahore,
Punjab province-PAKISTAN

2. Mr. Arshad Waraich,
Station house officer (SHO) Shaidani police station
Rahimyar Khan district,
Punjab province-PAKISTAN

3. Mr. Rai Tahir,
District police officer Rahimyar Khan District,
Punjab province-PAKISTAN

4. Mr. Nasir Bajwa,
Station house police (SHO)
Sattoo Katla police station, Lahore,
Punjab province-Pakistan

5. Mr. Irfan,
Deputy superintendent of police (DSP)
Bahawalpur district,
Punjab province-Pakistan

6. Mr. Rafiq,
Sub-inspector, Shaidani police station,
Rahimyar Khan district,
Punjab province-Pakistan

7. Mr. Saleem Gujjar
Manager Gujjar bricks company,
Dhoop Sarhi, Rai wind road,
Lahore, Punjab province-Pakistan

I am shocked to hear that high police officials are involved in illegal, arbitrary detention and torture of the labourer, Mr. Hanif, for the amount of RS. 400,000. The Senior Superintendent Police, Mr. Shafiq Gujjar, who was appointed by Chief Minister of Punjab province is running a kiln and hiring workers as bonded labourers. The SSP has abused his position as a public officer to settle his private disputes, illegally arresting private persons and using police officials to do his dirty work. It is also shocking that police officials in the province hire drug peddlers to handle the private affairs of the police officers.

From the information I have received the police have not only seriously failed in their duty to protect the citizens in their area but have been the instigators of violations against them.

On the 31st May 2007 Senior Suprintendent of Police (SSP) Mr. Shafiq Gujjar, using a close relative, Muhammad Saleem Gujjar, as a proxy signed an agreement with 11 members (including two women) from a community from Bahawalpur, 450km in the south of the province on the letterhead of Gujjar Bricks. SSP Shafiq Gujjar knew that his position as a government officer precluded from registering the brick kilns so registered and operated them in the name of his closely related Chaudhry Saleem Gujjar.

The agreement between workers and Saleem Gujjar stated that they were to be bonded for one year and an advanced sum of Rs400, 000/ was paid to the labourer's families to purchase related equipment like donkeys and carts. Muhammad Hanif signed as witness/guarantor of the agreement while Muhammad Saleem Gujjar signed as contractor (Manager) of the Gujjar Bricks. The workers started work on time and purchased the related equipment with the money given in advance. They worked at Gujjar Bricks for more than five months during which the attitude of the management was very harsh towards. The women workers were abused, labourers beaten labourers and even the remunerations were not paid properly. The labourers decided to leave the Gujjar Bricks and returned to Bahawalpur, leaving all the equipment purchased with advance money given by the Gujjar Bricks. The labourers also returned material in writing to the management of the company.

After getting the new appointment of SSP to Lahore, the capital city of province, Mr. Shafiq Gujjar started taking revenge from the poor families and the witness/guarantor, Mr. Hanif. He worked through three different police stations in different districts to pressurize the victim. Those high level police officials were often themselves running illegal kilns. On June 29, 2008, the victim, Mr. Mohammad Hanif, was arrested at his house in Bhawalpur, his native place, by Mr. Arshad Warraich, SHO, and Mr. Rafiq, sub- inspector, of Shaidani police station, Rahim Yar Khan police and was kept in Shaidani police station, 100 kilometers away from his residence. On June 30, one lawyer and political activist of Bhawalpur district, Mr. Riaz Dahir, visited the Shaidani police station and met with Mr. Hanif in lock up and also took pictures of him behind the bars. Mr. Arshad Warriach, station house officer (SHO) of Shaidani police station, told Raiz Dahir and others that he has arrested Hanif on the orders of Mr. Rai Tahir the district police officer (DPO) of Rahimyar Khan District as Hanif, the victim, had to pay Rs0.5million to SSP Shafiq Gujjar, the perpetrator. Mr. Riaz Dahir advocate filed a petition on the same day with session court Rahimyar Khan with all the proofs of statements made by SHO and snaps of Hanif in police station's detention room. Next day Mr. Dair advocate informed the session court that after his meeting with victim the SHO Shaidani police station has shifted him to some other police station. The court appointed a bailiff to visit the police lock up and report. At the time of bailiff's visit the victim was shifted from police station and bailiff reported to the court. The court was not satisfied by the reply of SHO and on the next hearing SHO Mr. Warriach came with new statement that the house of victim was raided in a one year old case of theft of a motor cycle. The police officer said that though this is one year old case, (May 01, 2007) but the owner of the motor cycle, Mr. Nasser Ahmed, had filed this time a new application claiming that Hanif, the victim, had stolen his motor cycle to 'justify' the police search and arbitrary arrest.

Where as, Mr. Hanif, the victim, was kept in Shaidani police station for one night and then shifted to Pucca Lara police station, Raheeemyar Khan District, 550 kilometers from Lahore city and 105 kilometers away from his native town for two nights. This area comes under the jurisdiction of Rai Tahir, district police officer (DPO) Rahimyar Khan. The police were torturing him physically to pay back the amount which was taken by labourers on his assurance. After two days he was taken to Multan city and kept for some time in a road side hotel from where he was handed over to sub inspector Saleem Shoukat and other three head constable who taken him to Lahore city, 450 kilometres from his house, and locked him at Sattoo Katla police station. The in charge of police station Mr. Nasir Bajwa (SHO) asked him to arrange the amount of SSP Shafiq Gujjar other wise he will never be released. He was tortured continuously eight nights at Sattoo Katla police station and was shifted to one police kiosk. From where he was shifted to private jail of one alleged notorious drug peddler, Shoukat Khokar, a close friend of SSP Shafiq and fund raiser of chief minister.

On July 12, 2008, one prominent journalist, Mr. Ansar Abbasi of 'Daily The News', contacting Mr. Shebaz Shareef, chief minister (CM) of Punjab province and talked, during his interview, about the case of Mr. Hanif and the way SSP Shafiq is dealing. The journalist also informed him that victim is kept in Lahore, close to CM residence. The CM first denied of any such person in the custody of SSP but promised to take the notice of the case but highly praised the SSP of his personal qualities. After knowing that journalists, including Mr. Mohammad Ahmed Noorani, knew the real events, the victim was released at 1.00 AM, in early hours of July 13 by the SHO Nasir Bajwa with a warning to arrange the amount of SSP Shafiq or help in getting arrest of those people who had made the agreement with Gujjar Bricks and company.

There are chances that Hanif may be arrested again and this time he will face more brutality of police as Shaidani police station, Rahimyar Khan, has booked him in a fake case of stealing a motor cycle in May 2007. Mr. Azeem Munshi, the clerk, was fired from his job of Gujjar Brick Company for his 'negligence'. He was asked to pay RS. 100,000, but he could not manage; there fore he was kept in the private jail of kiln for seven months and released only after the payment of RS 15,000, and the promise to return with the remainder.

I urge you to please bring all perpetrators before the law and inquire about their private enterprises through which they abuse other more vulnerable members of society. I also urge that Mr. Hanif, the victim, should be provided full protection from the perpetrators who have booked him on a fake charge of stealing a motorcycle. An inquiry is needed in the close contact of high police officers with drug peddlers.

I also demand to probe the arbitrary and illegal detention and torture of the victim by the police officers which is a contravention of the Article 9 of the UN International Covenant of Civil and Political Rights (ICCPR) to which Pakistan is the signatory.

I hope your good offices will provide relieve to poor persons of illegal running kilns by police officers.

Yours sincerely,

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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
Prime Minister House, Islamabad,
PAKISTAN
Fax: 92-51-9221596
Tel: +92-51-9206111
E-mail: webmaster@infopak.gov.pk or infominister@pak.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. Mr. Salman Taseer
Governor of Punjab
Governor House
Mall Road, Lahore
PAKISTAN
Fax: +92 42 9200023
E-mail: governor.sectt@punjab.gov.pk

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

7. The Minister of Law Government of Punjab
Punjab Secretariat
Ravi Road
Lahore
PAKISTAN
Email: law@punjab.gov.pk

8. The Chief Secretary of Government of Punjab
Punjab Secretariat
Lahore
PAKISTAN
Fax: +92 42 7324489
Email: chiefsecy@punjab.gov.pk

9. The Home secretary
Punjab Secretariat
Lahore
PAKISTAN
Fax: +92 42 9211732
Email: home@punjab.gov.pk

10. Mr. Shakat Javed
Inspector-General of Police/Provincial Police Officer of
Punjab province, Lahore
PAKISTAN
E-mail: info@punjabpolice.gov.pk