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PAKISTAN: Three girls handed over to a man who killed his wife on the pretext of honour killing as compensation

October 20, 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 them. 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-233-2008

21 October 2008
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PAKISTAN: Three girls handed over to a man who killed his wife on the pretext of honour killing as compensation

ISSUES: Honour killing; violence against women; impunity; rule of law; administration of justice
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Dear Friends,

The Asian Human Rights Commission (AHRC) has received information that a man who killed his second wife for allegedly having an illicit relationship with another received impunity on the pretext of an honour killing by the 'Jirga', the illegal tribal justice system on October 20, 2008. The Jirga has also ordered the other party who allegedly had the relationship with the deceased wife to hand over three girls together with 20 buffaloes as compensation to the husband. Police arrested the killer but soon released him and have respected the decision of the Jirga.

CASE DETAILS:

According to the information received, Mr. Sher Dil Jatoi, 62 years old, killed his second wife in an honour killing for allegedly having an illicit relationship with a person named Mr. Shahoo Jatoi. The honour killing occurred in August this year. Based on this case, Mr. Mir Hassan Jatoi, one of the chiefs of Jatoi tribe, a powerful tribe in the area held a 'Jirga', a court which has been declared as illegal and unconstitutional by the Supreme Court, at Lucky Ghulam Shah, Shikarpur district, Sindh province on October 20, 2008 in order to make a decision on the murder case.

Several elites of the Jatoi tribe who have remained in power in both the military and civilian governments took part in the Jirga. The decision said Sher Dil Jatoi was the victim of honour and innocent in killing his second wife. It further said, "as Shahoo Jatoi developed the illicit relationship with the wife of Sher Dil Jatoi, Sher Dil had the right to murder his wife. Shahoo Jatoi was order to compensate Sher Dil by handing over his three minor daughers". Since Shahoo has only one girl, a 10-year-old daughter, the Jirga decided that the brothers Mr. Miro Jatoi and Mr. Khanan Jatoi should give their daughters of ages between 13 and 11 years to Sher Dil. Besides, it also ordered Shahoo's family to deliver 20 buffaloes, costing more than 100,000 rupees (around USD 1,400) each, as a fine for having the relationship.

When this incident took place, the people in the area were resentful and pressured the police to arrest him as he was known as a habitual killer of his wives. Due to the pressure, the police arrested and kept him in the police custody but released him after 15 days as the people's feelings settled down after his arrest. Dr. Ibrahim Jatoi, the chief of the tribe and former minister in the regime of General Zia Ul Haq helped Sher Dil to be released in 2001 when he killed his first wife also on the pretext of an honour killing. 

ADDITIONAL INFORMATION:

It is reported that more than 100 women are murdered on the pretext of honour killings in Sindh province where the areas bordering Balochistan province. The tribal traditions of killing women on the pretext of honour killings are a common practice as the tribes having a great deal of influence in the area. Four districts are under this tradition.

According to the report made by the Commission on Women, killings are carried out by men to protect their family's honor for so called immoral behavior such as sex outside marriage, taking to or dating men, being a victim of rape and even bad cooking skills.

The AHRC has continued reporting the cases where prime perpetrators are provided of impunity by the decision of the 'Jirga'. Please refer to AHRC-UAC-215-2008, AHRC-UAC-193-2008 and AHRC-UAC-182-2008.

SUGGESTED ACTION:
Please write letters to the authorities listed below urging them to investigate the case of killing and take necessary action to ensure that the perpetrator is brought before the court and those three girls are immediately brought to their parents.

Please be informed that the AHRC has also written separate letters to the UN Special Rapporteur on Violence against Women calling for intervention in this case.

To support this appeal, please click here:

SAMPLE LETTER:

Dear _______,

PAKISTAN: Three girls handed over to a man who killed his wife on the pretext of honour killing as compensation

Details of three girls:
1. Shahoo Jatoi
2. Miro Jatoi
3. Khanan Jatoi
(All are between the ages of 10 to 13 years old and residents of Chak, Lucky Ghulam Shah, Jahanian, Shikarpur district, Sindh province)
Name of person who allegedly killed his wife: Sher Dil Khan Jatoi, 62 years old, Resident of Goth Allah Wasayo, Chak, Shikarpur district, Sindh Province in August
Jirga held at: Lucky Ghulam Shah, Shikarpur district, Sindh province led by Mir Hassan Jatoi, elder leader of Jatoi tribe on 20 October 2008

I am shocked to learn that a man who killed his wife under the name of honour killings is given impunity made by the 'Jirga', which is illegal and unconstitutional by the Supreme Court and three girls were handed over to him as compensation.

According to the information that I have received, a man killed his second wife on the pretext of honour killing in August 2008 but the police released him 15 days later after they arrested him when the pressure by the villagers went down. I am also informed that he killed his first wife in 2001 but has not properly prosecuted and punished according to law.

I am particularly disturbed by the information that the 'Jirga' which was held on October 20, 2008 provided impunity to Sher Dil for killing his second wife and ordered a man known as Shahoo Jatoi, 62 years old, who allegedly had a relationship with the wife of Sher Dil, to hand over his daughter and the two daughters of his brothers to Sher Dil as compensation, together with 20 buffaloes.

I strongly condemn the absence of police investigation regarding the case of murder by Sher Dil on the pretext of honour killing and police inaction against the formation of the 'Jirga'. I also condemn the decision made by the 'Jirga' for whatever reason the decision must be nullified since the Supreme Court had already declared the 'Jirga' is illegal and unconstitutional.

I therefore urge you to investigate the case of murder on the pretext of honour killing so that the responsible are properly prosecuted and punished according to law. I also urge you to ensure that those three girls be returned their parents without condition for the best interest of the children.

Keeping in mind that the police in the area have not properly taken actions against this case, I further urge you to immediately investigate this case as well as the formation of 'Jirga' with a view to establishing and making firm your position for the rule of law in the country.

Finally, I take this opportunity to remind the government of Pakistan of the need to form an independent and impartial investigation unit that can properly investigate the cases reported under the name of honour killings and nullify the decision of the 'Jirga'.

Yours sincerely,

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PLEASE SEND YOUR LETTERS TO:

1. Mr. Asif Ali Zardari
President
President's Secretariat
Islamabad
PAKISTAN
Fax: +92 51 922 1422, 4768 / 920 1893 or 1835

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. Rehman Malik
Advisor for Ministry of Interior
Room No. 404, 4th Floor, R Block,
Pak Secretariat
Islamabad
PAKISTAN
Fax: +92 51 920 2624
Tel: +92 51 921 2026
E-mail: minister@interior.gov.pk
 
4. 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

5. Syed Qaim Ali Shah
Chief Minister House
Karachi, Sindh Province
PAKISTAN
Fax: +92 21 920 2000  
E-mail: pppsindh@yahoo.co

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

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

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

9. Dr. Zulfiqar Ali Mirza
Minister for Home
Government of Sindh
Barrack 79, Pakistan Secretariate
Near MPA hostel
Karachi, Sindh Province
PAKISTAN
Fax: +92 21 9204456
Tel: +92 21 9201920-1 
E-mail: secy.home@sindh.gov.pk

Thank you.

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

Document Type :
Urgent Appeal Case
Document ID :
AHRC-UAC-233-2008
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.