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THAILAND/PAKISTAN: Another 24 Ahmadiya Pakistani asylum seekers, including children and pregnant women, are at risk of deportation

February 23, 2011

ASIAN HUMAN RIGHTS COMMISSION - URGENT APPEALS PROGRAMME

 

Urgent Appeal Case: AHRC-UAU-010-2011

 

23 February 2011

 

 

 

[AHRC-UAC-182-2010: THAILAND: Officials detain babies, children and pregnant women among asylum seekers]

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THAILAND/PAKISTAN: Another 24 Ahmadiya Pakistani asylum seekers, including children and pregnant women, are at risk of deportation

 

ISSUES: Arbitrary detention; asylum seekers; religious groups

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AHRC 2010 HUMAN RIGHTS REPORT: THAILAND

THE INTERNAL SECURITY STATE DIGS IN

http://www.humanrights.asia/resources/hrreport/2010/

 

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Dear friends,

 

The Asian Human Rights Commission (AHRC) has been informed that another 24 Ahmadiya Pakistani asylum seekers, who are applying for an asylum status in Thailand to escape from religious persecution, are at risk of being deported after they were illegally arrested from their homes in Bangkok on February 20, 2011. The group, which includes children and pregnant women, are presently detained at a police station. The actions taken by the government of Thailand, to deport persons who are at risk of torture, extrajudicial killing and persecution, is a violation of its obligation to international law.

CASE NARRATIVE

:

 

In our previous appeal (AHRC-UAC-182-2010

), we have already reported that 85 persons, 17 of whom have already been granted refugee status by the United Nations High Commissioner for Refugees (UNHCR) in Bangkok, have been taken into custody of the immigration detention facilities. They are presently subject to deportation proceedings.

 

The AHRC has already asked the National Human Rights Commission (NHRC) of Thailand to intervene urgently in this case; however, they have taken no action to assist.

 

On 20 February 2011, the Immigration Police in Thailand raided the houses where the 24 Ahmadiya Pakistani asylum seekers are staying in Bangkok. The group is composed of ten children, seven women--two of whom are in advanced stage of pregnancy; and seven men. They are presently detained at Pratumtani Police Station while waiting to be transferred to the Immigration Detention Center. They will be subject to deportation proceedings which are in violation of the principle of non-refoulement, which prohibits the deportation of persons back to their countries of origin where they will be at risk of persecution, torture, and death.

 

At the time of their arrest, the UNHCR in Bangkok had already accepted the application of asylum status of 24 individuals. Under article 3 of the Convention against Torture (CAT), of which Thailand is a State party, they have obligations not to: "expel, return ("refouler") or extradite a person to another State where there are substantial grounds to believing that he/she would be in danger of being subjected to torture".

 

The Ahmadis are being prosecuted over a Draconian Ordinance in 1984 in Pakistan, banning the Ahmadis from converting Muslims to their religion, and prohibits them from identifying themselves as Muslims. Therefore, the Ahmadis are being subjected to deportation or extradition proceedings to send them back to Pakistan to face the charges. Several groups of detainees in Thailand are also identified as members of Ammaddiya Muslims who fled such persecution in Pakistan to seek refuge and are endlessly waiting for refugee status from UNHCR.

 

These raids, arbitrary arrests, detention and deportation of all irregular migrants are annually scheduled with joint efforts of Immigration authorities as authorized by the Immigration Act, B.E. 2522. These arrests and detention, however, have already resulted in the congestions of detention facilities. The detention facilities in Thailand often hold prisoners beyond its limit which result in inhumane treatment of prisoners and poor hygiene. In one recent visit it was noted that the detainees are held like "canned fish" and could not even a sit at the same time.

 

SUGGESTED ACTION

:

Please write to the persons listed below to call for the immediate release of these persons from custody and the respect of their right to seek asylum in Thailand and complete the process that they have begun with the United Nations High Commissioner for Refugees.

 

Please be informed that the AHRC is writing separate letters to the UN Working Group on Arbitrary Detention and the regional human rights office for Southeast Asia concerning these detainees.

 

To support this appeal, please click here:

 

 

SAMPLE LETTER:

 

Dear ___________,

 

THAILAND/PAKISTAN: Another 24 Ahmadiya Pakistani asylum seekers, including children and pregnant women, are at risk of deportation

 

Number of victims

: Twenty four individuals from Pakistan. They are composed of ten children, seven women--two of whom are in advance stage of pregnancy and seven men.

Details of their arrests and detention

: They were illegally arrested by the Immigration Police Division, Royal Thai Police on February 20, 2011. They are presently held at the Pratumtani Police Station awaiting transfer to the Immigration Detention Center.

Justification for deportation & extradition

: The victims are Ahmadiya Pakistani, one of the religious minorities in Pakistan. In Pakistan, Ahmadis are being prosecuted for an Ordinance promulgated in 1984 banning Ahmadis from converting Muslims into their religion and prohibits them from identifying themselves as Muslims. The deportation & extradition proceeding is done for them to face the charges in Pakistan.

 

I am writing to express my alarm at information I have received that Thai Immigration Police have taken into custody at least 24 persons of Pakistani Ahmadiya Muslims who have fled to and have been staying in Bangkok for the purpose only of obtaining asylum. The victims were composed of vulnerable persons--women, two of them are pregnant; and children. They are now being detained at the police station mentioned above.

 

According to this information, on 21 February 2011, the Immigration authorities in Thailand have raided the homes at nighttime of where these persons lived in Bangkok. These were done despite them having their application for asylum status granted by the United Nations High Commissioner for Refugees (UNHCR) in Bangkok. Without explaining to them the reason why they are being arrested, they were taken into custody at the Pratumtani Police Station. They are expected to be transferred to the Immigration Detention Center while they are waiting for their deportation proceedings to be completed.

 

I am deeply concerned that the Government of Thailand openly violates its international obligations under the Convention against torture (CAT), Article 3, which prohibits governments to deport or extradite persons to another State where they are at risk of torture, execution or persecution. The probability of these victims, including those the Immigration authorities have arrested in December 2010, to be tortured, persecuted and killed in Pakistan, once deported have already been affirmed by the United Nations High Commissioner for Refugees (OHCHR) who have accepted their application for asylum status.

 

In fact, 17 of those who have been in custody after their arrest in December 2010 have already obtained asylum status. Therefore, those who are seeking asylum, whose applications are still pending, have reason to believe that they would be subject to torture once deported. I urge the Government of Thailand to comply with its obligations under the CAT to refrain from using Immigration laws on victims facing these tremendous difficulties to survive by forcing them back to Pakistan.

 

Also, I am concerned by the overcrowding and poor hygienic conditions of the detention facilities in police stations where these victims are held. According to the report of one person who visited the facility recently, detainees are held like "canned fish". There was not even enough room for everyone to sit at the same time, let alone to lie down or move about at all.

 

I am appalled to hear that children and pregnant women especially are being held in such circumstances, and I am aware that aside from this group there are other women and children being held in the atrocious conditions at this facility: according to a report by a recent visitor to the detention centre, there are at least five women in advanced stages of pregnancy, from Sri Lanka and Pakistan, locked up there at present.

 

In light of the above, I call for the immediate release of these persons and for them to be allowed to remain in Thailand pending the outcomes of their applications for asylum. I call for appropriate medical treatment to be given to the sick and pregnant among them, and for the concerned authorities to take other measures as necessary for their security and wellbeing.

 

In this regard I draw the attention of the Government of Thailand to comply with its obligations under international laws, particularly under the International Covenant on Civil and Political Rights (ICCPR) and the Convention against Torture (CAT).

 

 

Yours sincerely,

 

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PLEASE SEND YOUR LETTERS TO

:

 

1. Mr. Abhisit Vejjajiva

Prime Minister

c/o Government House

Pitsanulok Road, Dusit District

Bangkok 10300

THAILAND

Fax: +66 2 288 4000 ext. 4025

Tel: +66 2 288 4000

E-mail: spokesman@thaigov.go.th or abhisit@abhisit.org

 

2. Mr. Chaowarat Chanweerakul

Minister of Interior

Office of the Ministry of Interior

Atsadang Road, Ratchabophit

Pranakorn, Bangkok 10200

THAILAND

Fax: +66 2 226 4371/ 222 8866

Tel: +66 2 224 6320/ 6341

E-mail: om@moi.go.th

 

3. Mr. Peeraphan Saleeratwipak

Minister of Justice

Office of the Ministry of Justice

Ministry of Justice Building

22nd Floor Software Park Building,

Chaeng Wattana Road

Pakkred, Nonthaburi 11120

THAILAND

Fax: +662 502 6734 / 6884

Tel: +662 502 6776/ 8223

E-mail: om@moj.go.th

 

4. Mr. Kasit Piromya

Minister of Foreign Affairs

Office of the Minister of Foreign Affair

443 Sri Ayudhya Road

Bangkok 10400

THAILAND

Fax: +662 643 5318

Tel: +662 643 5333

E-mail: om@mof.go.th

 

5. Mr. Jullasingha Wasantasingha

Attorney General

Office of the Attorney General

Lukmuang Building, Nahuppei Road

Prabraromrachawang, Pranakorn,

Bangkok 10200

THAILAND

Fax: +662 224 0162/ 1448/ 221 0858

Tel: +662 224 1563/ 222 8121-30

E-mail: ag@ago.go.th or oag@ago.go.th

 

6. Pol. Gen. Wichean Potephosree

Royal Thai Police

1st Bldg, 7th Floor

Rama I, Patumwan

Bkk 10330

THAILAND

Fax: +66 2 251 5956/ 205 3738/ 255 1975-8

E-mail: feedback@police.go.th

 

7. 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

 

8. Mr. Syed Yousaf Raza Gilani

Prime Minister of Pakistan

Prime Minister House

Islamabad

PAKISTAN

Fax: + 92 51 9221596

E-mail: secretary@cabinet.gov.pk

 

9. 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

 

 

Thank you.

 

Urgent Appeals Programme

Asian Human Rights Commission (AHRC) (ua@ahrc.asia

)

 

 

 

Document Type :
Urgent Appeal Update
Document ID :
AHRC-UAU-010-2011
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.