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PAKISTAN: A tribal court announces the murder of a couple and the High Court has proved impotent before the feudal society

December 23, 2009

ASIAN HUMAN RIGHTS COMMISSION – URGENT APPEALS PROGRAMME

Urgent Appeal Case: AHRC-UAC-177-2009

23 December 2009
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PAKISTAN: A tribal court announces the murder of a couple and the High Court has proved impotent before the feudal society

ISSUES: Arbitrary arrest and detention; abduction; violence against women; right to liberty and security; torture
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Dear friends,

The Asian Human Rights Commission received information that a tribal leader of Sindh province has held three women and two children in his private jail and one woman has been continuously raped for more than three years. She has had two children whilst in custody. The Sindh High Court and the provincial police have been unable to recover the five persons from his jail. The tribal leader, in the meanwhile, held a Jirga, a parallel judicial system of feudal society, and announced the murder of a man. He and his wife were declared as Karo (black male) and Kari (black women). The Kari woman is currently under his illegal detention and might be murdered at any time. The feudal lord is so powerful that on one occasion when a police party went to recover the Kari woman the henchmen of the tribal chief detained the policemen for several hours and only released them after they gave assurances that they would not attempt to rescue the woman again.


CASE DETAILS:

According to the information received from the husband of the alleged Kari woman and the Human Rights Commission of Pakistan, an NGO, Mukhtar Bibi alias Begum, 26, was married to one Ghulam Mustafa Mugheri, a resident of Korangi Industrial area, Karachi, in the year 2005, as his second wife. Ms. Mukhtar Bibi was divorced by her first husband for not being able to bear children, the mother and maternal uncles persuaded Mr. Mugheri to marry her according to the instructions of Islam. Ms. Bibi’s father, Haji Mashooq Chandio, was in those days in jail in Saudi Arabia on charges of smuggling drugs. However, he was released on Sept 17, 2005 and returned to Pakistan. At that time he was totally broke and started black mailing his son-in-law. Mr. Mugheri somehow managed to pay the initial financial demands but being a worker at a tea company he could not continue to pay the huge amounts of money.

Mr. Haji Mashooq Chandio, enlisted the help of his tribal chief, Mr. Sardar Ahmed Chandio, and with the connivance of his henchmen on January 7, 2006, abducted Mr. Mugheri’s first wife,Mst. Gul Khatoon, 32years, his 60 years old mother, Mst. Hameeda allies Subhana Umri, his 9 year-old niece Ms. Zameera Umri and his 8 years old son, from his first wife, Master Menthar. They have since been in the private custody of Sardar Chandio and police have been powerless to recover them from this powerful person. It is alleged in a police report filed by Mr. Mugheri that Haji Mashooq sold Ms. Gul Khatoon, Mr. Mugheri’s first wife to the tribal leader of the Chandio tribe, Mr. Sardar Ahmed Chandio. Whilst in detention Ms. Khatoon has been continuously raped and has born two children as a result.

Finding no way out of his financial problems, on August 23, 2009,Mashooq Chandio, the father-in-law, went to Mr. Mugheri’s house in Mehran Town, Korangi along with six persons, and kidnapped his second wife, Ms. Mukhtar Bibi, at gun point. They were riding in a black-coloured Alto car and a yellow cab. After some days, Mugheri went to his father-in-law’s house in Jamshoro district, along with a copy of the Holy Quran and his 9-day-old son, and requested his father-in-law to hand over his wife but he refused. On Sept 27, 2009, Mugheri filed a petition in the Sindh High Court (SHC) for the recovery of his wife, following which the honorable court ordered police to raid his father-in-law’s house and recover his wife. On October 5, 2009, the High Court ordered the Nazir, the court search officer, to recover Mukhtar Bibi and search the places of tribal chief of Chandio tribe. Before the court and police officials reach the place the Mukhtar Bibi was shifted to another location. The police learned that the victim, Mukhtar Bibi is alive and with Sardar Ahmed Chandio, the tribal chief, who was currently in Saudi Arabia. After that court did not take action.

Then on October 14, the tribal chief, Sardar Chandio, held a Jirga, an illegal court and declared that both, Mr. Mugheri and his second wife, Ms. Mukhtar Bibi, should be murdered in the name of honour as they are Karo and Kari. Before the holding of the Jirga, his father-in-law, Mr. Mashooq Chandio and the henchmen of Sardar Chandio on October 12, tried to abduct Mr. Mugheri from the premises of Sindh High Court Karachi, but the police saved him and gave him shelter in one of the rooms of the court.

Mr. Mugheri tried several times to take help from the police and the court and at last was successful in getting the attention of the Deputy Inspector of Police (DIG), Karo-Kari cell and recorded his statement under section 154 CrPc. The DIG sent a team under Ms. Soobia, the head of the Karo Kai cell, recently made by Sindh government. The team went to recover Ms. Mukhtar Bibi but came under attack by the henchmen of the tribal chief and two police officials were abducted and made hostages. After several hours the police officials were released on the assurance that they will make another attempt to rescue Bibi.

Subsequently the police have arrested two of the alleged abductors out of 12 persons but have not been able to recover the three women and two minors.

ADDITIONAL INFORMATION:

The Sindh high court is the highest judicial institution of the province of Sindh but because of its weakness to implement the rule of law the powerful groups, particularly feudal and tribal leaders enjoy impunity through their use of power. In 2004, the former chief justice of the Sindh high court has declared Jirga judicial system as illegal, ultra virus and unconstitutional but feudal and tribal lords know the writ of the high court. With regard to this of abduction and illegal detention the High Court has proved itself the weakest institution for the recovery of the five persons being held


SUGGESTED ACTION:
Please write letters to the authorities urging them to recover three women and two minors from the private custody of the tribal chief of Chandio tribe and punish all the perpetrators keeping them in illegal detention at private jail and holding illegal court for murder of innocent people. Please also demand from the government to save the couple particularly Ms. Mukhat Bibi from murder on the pretext of honour killings.

The AHRC writes letters to the UN special rapporteur on the question of arbitrary arrest, violence against women and torture calling for their intervention in to this case.

To support this appeal please click here:

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SAMPLE LETTER:

Dear __________,

RE: PAKISTAN: A tribal court announces murder of a couple and High court has proved impotent before a feudal society


Name of victims:
1. Mukhtar Bibi alias Begum, 26 years, wife of Ghulam Mustafa Mugheri, missing since August 2009, Near Madressa Umer Farooqi, Korangi industrial area, Karachi, Sindh province
2. Mr. Ghulam Mustafa Mugheri son of Ali Mugheri, near Madressa Umer Farooqi, Korangi industrial area, Karachi, Sindh province
3. Mst. Gul Khatoon, 32years, first wife of Ghulam Mustafa Mugheri, kept in private jail since January 7, 2006, at Larkana road, Shahdad Kot, Qamber sub district, Larkana district, Sindh province
4. Ms. Hameeda alies Subhana, Mother of Ghulam Mustafa Mugheri and kept in private jail since 2006, at Larkana road, Shahdad Kot, Qamber sub district, Larkana district, Sindh province
5. Ms. Zameera Umri, age 9 years, nephew of Ghulam Mustafa Mugheri, kept in private jail since January 7, 2006, at Larkana road, Shahdad Kot, Qamber sub district, Larkana district, Sindh province
6. Master Menthar age 8years, son of Ghulam Mustafa Mugheri, kept in private jail since January 7, 2006, at Larkana road, Shahdad Kot, Qamber sub district, Larkana district, Sindh province
Name of alleged perpetrators:
1. Haji Mashooq Chandio, resident of Sandoz Road, Jam Shoro Phatak, Jam Shoro district , Sindh province
2. Sardar Ahmed Chandio, son of Shabbir Ahmed Chandio, Larkana Road, Shahdad Kot,Qamber district, Sindh province
3. Khadim Hussain s/o Muhammad Laiq, Larkana Road, Shahdad Kot,Qamber district, Sindh province
4. Ghulam Umer s/o Muhammad Laiq Larkana Road, Shahdad Kot,Qamber district, Sindh province
5. Hajji Hamid s/o Peyaro Khan chandio, Larkana Road, Shahdad Kot,Qamber district, Sindh province
6. Hajji Muhammad Saleh s/o Muhammad Azeem chandio, Larkana Road, Shahdad Kot,Qamber district, Sindh province
7. Hajji Mumtaz s/o Haji Ahmed Budhani chandio, Larkana Road, Shahdad Kot,Qamber district, Sindh province
8. Mukhtair s/o Ghulam Qadir chandio, Larkana Road, Shahdad Kot,Qamber district, Sindh province
9. Haji Sikander Chandio, Larkana Road, Shahdad Kot,Qamber district, Sindh province
10. Muhammad Ramzan Mugheri, Larkana Road, Shahdad Kot,Qamber district, Sindh province
11. Aijaz Chandio, Larkana Road, Shahdad Kot,Qamber district, Sindh province
12. Hub-e-dar Chandio, Larkana Road, Shahdad Kot,Qamber district, Sindh province
Date of incident: January 7, 2006 and August 23, 2009
Place of incident: Korangi Industrial Area, Karachi, Sindh province

I am writing to voice my deep concern regarding the alleged illegal detention of three women and two minors in the private jail of a tribal leader, Mr. Sardar Ahmed Chandio. The two women, Ms. Gul Khatoon and Ms.Hameeda, 60 years and two minors have been detained in a private jail since January 7, 2006. During the period of continuous illegal detention Ms.Gul Khatoon was raped and has born two children as a result. Another woman, Ms. Mukhar Bibi was also abducted on August 23, 2009 and is being held in the same private jail.

I am shocked to know that the courts and police have done nothing to obtain the release of the women and minor and the powerful people are allowed to run private jails without any legal basis. It shows that the rule of law is totally broken in a country where the judiciary claims itself as an independent judiciary.

According to the information received from the husband of the alleged Kari woman and the Human Rights Commission of Pakistan, an NGO, Mukhtar Bibi alias Begum, 26, was married to one Ghulam Mustafa Mugheri, a resident of Korangi Industrial area, Karachi, in the year 2005, as his second wife. Ms. Mukhtar Bibi was divorced by her first husband for not being able to bear children, the mother and maternal uncles persuaded Mr. Mugheri to marry her according to the instructions of Islam. Ms. Bibi’s father, Haji Mashooq Chandio, was in those days in jail in Saudi Arabia on charges of smuggling drugs. However, he was released on Sept 17, 2005 and returned to Pakistan. At that time he was totally brok and started black mailing his son-in-law. Mr. Mugheri somehow managed to pay the initial financial demands but being a worker at a tea company he could not continue to pay the huge amounts of money.

Mr. Haji Mashooq Chandio, enlisted the help of his tribal chief, Mr. Sardar Ahmed Chandio, and with the connivance of his henchmen on January 7, 2006, abducted Mr. Mugheri’s first wife,Mst. Gul Khatoon, 32years, his 60 years old mother, Mst. Hameeda allies Subhana Umri, his 9 year-old neice Ms. Zameera Umri and his 8 years old son, from his first wife, Master Menthar. They have since been in the private custody of Sardar Chandio and police have been powerless to recover them from this powerful person. It is alleged in a police report filed by Mr. Mugheri that Haji Mashooq sold Ms. Gul Khatoon, Mr. Mugheri’s first wife to the tribal leader of the Chandio tribe, Mr. Sardar Ahmed Chandio. Whilst in detention Ms. Khatoon has been continuously raped and has born two children as a result.

Finding no way out of his financial problems, on August 23, 2009,Mashooq Chandio, the father-in-law, went to Mr. Mugheri’s house in Mehran Town, Korangi along with six persons, and kidnapped his second wife, Ms. Mukhtar Bibi, at gun point. They were riding in a black-coloured Alto car and a yellow cab. After some days, Mugheri went to his father-in-law’s house in Jamshoro district, along with a copy of the Holy Quran and his 9-day-old son, and requested his father-in-law to hand over his wife but he refused. On Sept 27, 2009, Mugheri filed a petition in the Sindh High Court (SHC) for the recovery of his wife, following which the honorable court ordered police to raid his father-in-law’s house and recover his wife. On October 5, 2009, the High Court ordered the Nazir, the court search officer, to recover Mukhtar Bibi and search the places of tribal chief of Chandio tribe. Before the court and police officials reach the place the Mukhtar Bibi was shifted to another location. The police learned that the victim, Mukhtar Bibi is alive and with Sardar Ahmed Chandio, the tribal chief, who was currently in Saudi Arabia. After that court did not take action.

Then on October 14, the tribal chief, Sardar Chandio, held a Jirga, an illegal court and declared that both, Mr. Mugheri and his second wife, Ms. Mukhtar Bibi, should be murdered in the name of honour as they are Karo and Kari. Before the holding of the Jirga, his father-in-law, Mr. Mashooq Chandio and the henchmen of Sardar Chandio on October 12, tried to abduct Mr. Mugheri from the premises of Sindh High Court Karachi, but the police saved him and gave him shelter in one of the rooms of the court.

Mr. Mugheri tried several times to take help from the police and the court and at last was successful in getting the attention of the Deputy Inspector of Police (DIG), Karo-Kari cell and recorded his statement under section 154 CrPc. The DIG sent a team under Ms. Soobia, the head of the Karo Kai cell, recently made by Sindh government. The team went to recover Ms. Mukhtar Bibi but came under attack by the henchmen of the tribal chief and two police officials were abducted and made hostages. After several hours the police officials were released on the assurance that they will make another attempt to rescue Bibi.

Subsequently the police have arrested two of the alleged abductors out of 12 persons but have not been able to recover the three women and two minors.
This is the situation of the rule of law in rural areas of the country where writ of the state is minimized and powerful people enjoy the fragile situation of the writ of the state. The High Court of the province has proved itself a subordinate of tribal leaders.

I urge you to recover the three women and two children from the custody of tribal leaders and their henchmen and prosecute the perpetrators including the police officials of the Qamber district, Sindh. An inquiry into the affairs of holding private jails in Sindh province must be conducted. The case of rape during illegal detention be lodged against the perpetrators.


Yours sincerely,


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PLEASE SEND YOUR LETTERS TO:

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

2. Dr. Ishrat-ul-Ebad Khan
Governor of Sindh province
Karachi, Sindh Province
PAKISTAN
Fax: +92 21 920 5043
Tel: +92 21 920 1201
E-mail: governor@governorsindh.gov.pk

3. Syed Qaim Ali Shah
Chief Minister
Karachi, Sindh Province
PAKISTAN
Fax: +92 21 920 2000
Email: pressecy@cmsindh.gov.pk

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. Ms. Tauqir Fatima Bhutto
Minister of women development
7th Floor, New Sindh Secretariat, Karachi, Sindh province
Fax: 92-21-99213886
Email: bhutto.tauqeer@hotmail.com

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

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

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


Thank you.

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

Document Type :
Urgent Appeal Case
Document ID :
AHRC-UAC-177-2009
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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.