PAKISTAN: Prison officials remain unpunished despite torturing inmates by taping their male organs

ASIAN HUMAN RIGHTS COMMISSION - URGENT APPEALS PROGRAMME

Urgent Appeal Case: AHRC-UAC-166-2010
ISSUES: Death penalty, Impunity, Inhuman & degrading treatment, Right to redress, Rule of law, Torture,

Dear friends,

The Asian Human Rights Commission has received information from the Human Rights Commission of Pakistan (HRCP) and other rights groups about brutal form of torture to the prisoners. The male organ of three prisoners were taped for many hours in such a way that they could no longer urinate. Each was then forced to drink three to four litres of water. The jail dispenser subsequently administered each of the prisoners injections after which they started vomiting and had a strong urge to urinate. The three prisoners developed renal ailments as a result of the torture and one has also developed an infection of the urinary tract. Another prisoner was punished and detained in solitary cell apparently because the jail authorities presumed he had leaked the information of torture. 

No prompt, effective, thorough, independent and impartial investigation has yet been started by the Punjab provincial government. The prisoners are still denied the right to meet human rights organisations. 

CASE NARRATIVE: 

According to the information received, at the beginning of August 2010, the prison staff of Toba Tek Singh District Prison, Punjab province, started a search of the cells of death-row inmates apparently to recover mobile phones. In this context, about 20 prisoners were brought out of their cells and beaten up. Three men, namely Mr. Muzzammil Shah, Mr. Ghulam Hussain and Mr. Muhammad Javed, were severely tortured after a cell phone was allegedly recovered from Mr. Muhammad Javed. The latter, who is undergoing a five-year prison term at Toba Tek Singh District Prison had been assigned to take food to death row inmates, reportedly gave the names of two death row inmates, Mr. Muzzammil Shah and Mr. Ghulam Hussain, after being tortured to obtain information on who had used that phone. Mr. Muzzammil Shah and Mr. Ghulam Hussain were subsequently tortured. They denied having used the cell phone.

It is reported that Mr. Muzzammil Shah, Mr. Ghulam Hussain and Mr. Muhammad Javed were subjected to the severe torture. They were allegedly stripped naked and their male organs were taped in such a way that they could no longer urinate. Each was then forced to drink three to four litres of water. The jail dispenser subsequently administered each of them injections after which they started vomiting and had a strong urge to urinate. The tape around their organs was only removed a few hours later. Mr. Muzzammil Shah and Mr. Ghulam Hussain allegedly lost consciousness at least three occasions during the period of torture.

The three aforementioned men have reportedly developed renal ailments and one has also developed a urinary tract infection as a result of the acts of torture and ill-treatment. It is alleged that none of them has received adequate medical treatment and no response has yet been given to a request made by the Pakistan-based human rights NGO, the Human Rights Commission of Pakistan, to the prison authorities to visit the three men.

Furthermore, according to the information, to date, there has been no effective investigation conducted by the relevant authorities into the aforementioned allegations.

One death-row prisoner Mr. Farrukh Akram has been placed in a solitary confinement cell because the jail authorities suspected that he informed the Deputy Inspector General of Prisons about the torture when he visited the jail on 9 October 2010.

ADDITIONAL INFORMATION: 

Torture in custody in Pakistan is endemic because of the absence of any law against torture which provides impunity to the perpetrators.

Torture in custody is a serious problem affecting the rule of law in Pakistan. It is used as the most common means to obtain confessional statements. As yet, there has been no serious effort by the government to make torture a crime in the country. The State authorities provide impunity to the perpetrators who are mostly either policemen or members of the armed forces. Furthermore, there is no means for the protection of witnesses. This discourages victims from making complaints. While the international jurisprudence on the issue has evolved into very high standards, the actual situation in Pakistan resembles that of the stone-age.

Pakistan has also ratified the UN Convention against Torture (CAT) and International Covenant on Civil and Political Rights (ICCPR) but with many reservations on the CAT. This action of the government gives free hand to the law enforcement agencies to torture the persons in custody.

SUGGESTED ACTION: 
Please write letters to the authorities urging them to hold a judicial enquiry into the case of torture and ill-treatment, and to undertake and impartial investigation in this regard in order to identify all those responsible, and prosecute them. Please also urge upon the authorities to provide medical treatment and compensation to the victims.

The AHRC is writing a separate letter to UN Special Rapporteur on Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment calling for his intervention into this case.

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

SAMPLE LETTER

Dear __________,

PAKISTAN: Prison officials remain unpunished despite torturing inmates by taping their male organs 

Name of victims: 
1.Mr. Muzzammil Shah, Prisoner in death row, Toba Tek Singh District Prison, Punjab province
2.Mr. Ghulam Hussain, Prisoner in death row, Toba Tek Singh District Prison, Punjab province
3.Mr. Muhammad Javed, Prisoner,Toba Tek Singh District Prison, Punjab province
4.Mr. Farrukh Akram, Prisoner in death row, Toba Tek Singh District Prison, Punjab province
5. Other 20 prisoners of Toba Tek Singh District Prison, Punjab province

Alleged perpetrators: Officials of Toba Tek Singh District Prison, Punjab province

Date of incident: August 2010
Place of incident: Toba Tek Singh District Prison, Punjab province

I am writing to voice my deep concern regarding the heinous torture and ill-treatment of more than 20 prisoners in the district prison of Toba Tek Singh, Punjab province wherein three prisoners went through the severe torture of having their male organs taped to prevent them from urinating. This cruel and inhuman act was apparently done as a punishment.

I am shocked to know that the Punjab provincial government has not initiated any action to investigate the incident of torture and ill-treatment of prisoners though the incident was held in first week of August 2010.

The information I have received narrates the facts that at the beginning of August 2010, the prison staff of Toba Tek Singh District Prison, Punjab province, started a search of cells of death-row inmates apparently to recover mobile phones. In this context, about 20 prisoners were brought out of their cells and beaten up. Three men, namely Mr. Muzzammil Shah, Mr. Ghulam Hussain and Mr. Muhammad Javed, were severely tortured after a cell phone was allegedly recovered from Mr. Muhammad Javed. This latter, who is undergoing a five-year prison term at Toba Tek Singh District Prison had been assigned to take food to death row inmates within his activities at the prison’s kitchen, reportedly gave the names of two death row inmates, Mr. Muzzammil Shah and Mr. Ghulam Hussain, after being tortured to obtain information on who had used that phone. Mr. Muzzammil Shah and Mr. Ghulam Hussain were subsequently tortured. They denied having used the cell phone.

It is shocking that the torture was continued to get confessional statements. Mr. Muzzammil Shah, Mr. Ghulam Hussain and Mr. Muhammad Javed were allegedly stripped naked and their male organ was taped in such a way that they could no longer urinate. Each was then forced to drink three to four litres of water. The jail dispenser subsequently administered each of them injections after which they started vomiting and had a strong urge to urinate. The tape around their male organ was only removed a few hours later. Mr. Muzzammil Shah and Mr. Ghulam Hussain allegedly lost consciousness at least three during the torture.

The three aforementioned men have reportedly developed renal ailments and one has also developed a urinary tract infection as a result of the acts of torture and ill-treatment. It has been alleged that none of them has received adequate medical assistance and no response has yet been given to a request made by the Pakistan-based human rights NGO, the Human Rights Commission of Pakistan, to the prison authorities to visit the three men.

One death-row prisoner Mr. Farrukh Akram has been placed in the solitary confinement cell because the jail authorities presumed that he has informed the Deputy Inspector General of Prisons about the torture when he visited the jail on 9 October 2010.

The apathy to this kind of medieval practice of torture was that to date, there has been no effective investigation conducted by the relevant authorities into the aforementioned allegations.

I urge you to effectively ensure the physical and psychological integrity of all persons deprived of liberty in accordance with international human rights law, and in particular the UN Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment and the International Covenant on Civil and Political Rights, both ratified by Pakistan and which prohibit torture and ill-treatment.

It is the right of victims of torture and ill-treatment that they must be ensured an effective remedy for the human rights violations suffered as well as the right to full redress, including compensation and rehabilitation.

I also urge that death penalty should be abolished from the constitution as government has nullified all the amendments made in the constitution by the military dictators through 18th amendment.

Yours sincerely,

—————-
PLEASE SEND YOUR LETTERS TO: 

1. Mr. Asif Ali Zardari
President of Pakistan
President’s Secretariat
Islamabad
PAKISTAN
Tel: 92-51-9204801-9214171
Fax 92-51-9207458
Email: publicmail@president.gov.pk

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

3. 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: +92 51 9204108
Email: sarfraz_yousuf@yahoo.com

4. Mr. Salman Taseer
Governor of Punjab
Governor House
Mall Road
Lahore
PAKISTAN
Fax: +92 42 99203044
Email: governor.sectt@punjab.gov.pk

5. Mr Nasir Mehmood Khosa,
Chief Secretary of Government of Punjab
Punjab Secretariat
Lahore
PAKISTAN
Fax: +92 42 7324489
E-mail: chiefsecy@punjab.gov.pk

6. Mr. Rana Sana Ullah
Minister of Law
Government of Punjab
Punjab Secretariat
Ravi Road
Lahore
PAKISTAN
Fax: +92 42 99212004
E-mail: law@punjab.gov.pk

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

8. Mr. Tariq Saleem
Inspector-General of Police, Punjab
Police Head Office, Lahore, Punjab province
PAKISTAN
Fax: +92 42 99210064

9. Permanent Mission of Pakistan
United Nations in Geneva,
Rue de Moillebeau 56, P.O. Box 434, 1211 Geneva 19
SWITZERLAND
Fax: +41 22 734 80 85,
Email: mission.pakistan@ties.itu.int

Thank you.

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

Document Type : Urgent Appeal Case
Document ID : AHRC-UAC-166-2010
Countries : Pakistan,
Issues : Death penalty, Impunity, Inhuman & degrading treatment, Right to redress, Rule of law, Torture,