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PAKISTAN: An army colonel has had four men abducted and tortured due to a personal dispute, in Pakistan-held Kashmir

December 11, 2009

ASIAN HUMAN RIGHTS COMMISSION – URGENT APPEALS PROGRAMME

Urgent Appeal Case: AHRC-UAC-172-2009

11 December 2009
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PAKISTAN: An army colonel has had four men abducted and tortured due to a personal dispute, in Pakistan-held Kashmir

ISSUES: Torture; arbitrary arrest and detention; military; impunity
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Dear friends,

The Asian Human Rights Commission (AHRC) has learned that four young men have been illegally arrested, detained and tortured by Inter-Services Intelligence (ISI) officials because of a minor personal dispute. The first victim was allegedly taken hostage by an ISI colonel so that his uncle would pay a debt, and the other three were friends of the victim who inquired about him at the local police station. Three of the young men are still being held incommunicado and according to the fourth, who was released after six days, they have all been badly tortured by officials in a secluded place. The released victim is in ill health and has been warned against publicising the details of his friends' capture by the perpetrators. Although civilians in Muzaffarabad have held protest rallies, no action has yet been taken by the authorities.

CASE DETAILS:

According to the information we have received, Mr. Pervez Butt, a resident of Center Plate in Muzaffarabad, borrowed money with a Pathun (an ethnic group) money-lending group and was unable to pay the sum back. One of the money lenders is related to an ISI Lieutenant Colonel in Peshawar, Lt Cl Hamza, who allegedly threatened Pervez a number of times about the money.

On 21 November Lt Col Hamza went to Pervez's residence with ten people, most of them from the Frontier Constabulary of Peshawar. Pervez was not in his residence at that time, and the Lt Col took his nephew, Mr. Faizan Butt as a hostage, reportedly handing him over to the Saddar Police Station in Muzaffarabad. That evening three of Faizan's friends – Ali Rathore, Raja Qayyum and Shafiq Butt – went to the police station to ask for his release and were allegedly taken away with Faizan by the colonel.

Two days after the men's abduction, Butt’s family received a call from Lt. Colonel Hamza, telling them that the four young men would only be released from his custody in exchange for Pervez, who is in hiding. One of the captives, Ali Rathore, was left near Butt's house on November 27 with serious torture injuries, and was declared by hospital doctors to be in a state of shock. The next day Rathore’s family received a call from the Lt Col, who told them that the remaining prisoners would be tortured more harshly if details of the arrest were given to the public. The whereabouts and condition of the three men remain unknown.

Civilian representatives in Muzaffarabad and members of the Kashmir National Party have written several letters to the prime minister of Pakistan-held Kashmir, as well as to other high officials of the Pakistani and Kashmir governments, yet no action has been taken.

It should be noted that Lt Col Hamza has no professional connection to Kashmir, which the government of Pakistan has declared to be an independent state, with its own prime minister and government. The case demonstrates not only the impunity available to those who work within military intelligence and the complicity of other law enforcers in it, but also exposes the limit to Kashmir officials' authority over the ISI, which frequently conducts operations in the area under the banner of national security.

ADDITIONAL INFORMATION:

Though Azad Jammu and Kashmir (generally known as Pakistani-held Kashmir), is officially an independent state, it remains ostensibly under the Pakistan’s Federal Ministry of Kashmir Affairs. Because of insurgent activity between it and Indian-held Kashmir, Pakistani spy agencies operate heavily in the area and Muzaffarabad, the capital of Pakistani Kashmir, hosts at least five ISI centres alongside the other intelligence agencies of the state, most notably the Military Intelligence (MI), which are known to consistently operate above the rule of law.

SUGGESTED ACTION:

Please write letters to the authorities urging them to recover the three victims from the illegal captivity of ISI, and take legal action immediately against the responsible officials.

The AHRC is writing a separate letter to UN Special Rapporteur on the question of torture and to the Working Group on arbitrary detention, calling for their intervention into this case.

To support this appeal please click here:

SAMPLE LETTER:

Dear __________,

PAKISTAN: An army colonel has had four men abducted and tortured due to a personal dispute, in Pakistan-held Kashmir

Name of victims:
Mr. Faizan Butt, son of Ayaz Butt; born in 1990; first year student; resident of Centre Plate, Muazffarabad, Pakistan-Kashmir.
Mr. Raja Shahid Qayyum, son of Raja Qayuum; a fourth year student; born in 1984; resident of Centre Plate, Muzaffarabd, Pakistan-Kashmir.
Mr. Ali Rathor, son of Pervaiz Rathor; born in 1986; student; resident of Madina Market, Muzaffarabad, Pakistan-Kashmir.
Mr. Shafiq Butt, son of Fateh Butt; born in 1980; resident of Centre Plate, Muazffarabad, Pakistan-Kashmir.
Name of alleged perpetrator:
Lieutenant Colonel Hamza of ISI, Muzaffarabad, Kashmir
Officers of the Frontier Constabulary in Peshawar

Date of incident: 21 November 2009
Place of incident: Centre Plate, Muzaffarabad, Pakistan-Kashmir

I am writing to voice my deepest concern regarding the illegal arrest and torture of four young men from Muzaffarabad in Pakistan-held Kashmir, by a high official of the Inter-Services Intelligence (ISI).
I am shocked to learn that a petty dispute over a loan has resulted in the illegal arrest of the four men by a Lieutenant Colonel Hamza, and their reported incommunicado detention since November 21, 2009. According to one of the victims, who was released, the four men were badly tortured in a bid to force the surrender of the uncle of one victim, who owed money to a relation of the perpetrating officer. The family of the intial victim has received a phone call from the Lt Cl declaring the men hostages.

One of the prisoners, Mr. Ali Rathore, was released on 27 November and reports severe abuse by ISI officials; he has since been declared by the doctors to be in shock. The Lt Colonel has reportedly warned him and his family against revealing further details.

I am deeply troubled to hear that in the presence of a police system and system of law, officials of an intelligence agency are able to act with such arbitrary and violent impunity, with the assistance of law enforcers. Of particular concern is the fact that Lieutenant Colonel Hamza is an officer attached to Peshawar, NWFP, and has no professional connection to Kashmir, which has been declared by the government of Pakistan to be an independent state. This case exposes the apparent limit to Kashmir officials' authority over the ISI, which frequently conducts operations in the area under the banner of national security.

Civilian representatives in Muzaffarabad and members of the Kashmir National Party have held public protests, and written several letters to the prime minister of Pakistani-held Kashmir and other high officials of the Pakistani and Kashmir governments, yet no action has been taken.

I demand that action is taken to secure the safe release of the three detained men, and that those responsible face strong legal sanctions. Please also ensure that the victims receive extensive compensation and rehabilitation for their ordeal.

Yours sincerely,

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PLEASE SEND YOUR LETTERS TO:

1. Mr. Yousaf Raza Gillani
Prime minister of Pakistan
C/o Mr. Zafar Mahmood
Cabinet Secretary
Islamabad
PAKISTAN
Tel: +92 51-9213562
Fax: +92 51-9201357

2. Mr. Raja Mohammad Farooq Haider
Prime Minister of Azad Jammu and Kashmir
The Prime Minister Secretariat,
Muzaffarbad,
Azad Kashmir,
PAKISTAN
Tel: +92-5822-921600
Fax+92-5822-921601

And: Kashmir House
F-5, Islamabad,
PAKISTAN
Tel: +92-51-9209093-5
Fax: +92-51-9206288
Email: pm@pmajk.gov.pk

3. Ch. Ahmad Mukhtar,
Minister for Defence,
Government of Pakistan
Ministry of defence,
Islamabad
PAKISTAN
Fax: 92-51-99271113

4. Mr.Naeem Khan
Secretary
Ministry of Kashmir Affairs and Northern Areas
Pakistan Secretariat
Islamabad
PAKISTAN
Email: secretary@moka.gov.pk

5. Mr. A Rehman Malik
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

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

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

Document Type :
Urgent Appeal Case
Document ID :
AHRC-UAC-172-2009
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.