PAKISTAN: Police fail to arrest the murderers of two fisher folk activists whereas encouraging false charges upon the villagers

ASIAN HUMAN RIGHTS COMMISSION - URGENT APPEALS PROGRAMME

Urgent Appeal Case: AHRC-UAU-028-2011
ISSUES: Fabrication of charges, Human rights defenders, Impunity, Land rights, Right to food, Rule of law,

Dear friends, 

The Asian Human Rights Commission (AHRC) has received updated information from the fact finding team that conducted a fact finding mission concerning two deceased fisher folk activists murdered by a land mafia on May 6, 2011. The police initially refused to register the case against the alleged murderers, and the Medico Legal Officer did not report the torture marks on the dead body, despite the fact that villagers and the victims’ relatives saw the marks. The police, along with land mafia thugs, came to arrest the deceased victims based on false charges concocted concerning the victims before they were killed. The police in this area have been serving only the land mafia, members of which are politically and economically influential locally, encouraging false charges and killings against the poor fisher folks. In November 2010, the Sindh Province administration declared the mangrove forest of Thatha and Karachi to be a protected forest. However, the government has failed to protect the forest as well as the villagers fighting for forest protection. 

UPDATED INFORMATION

The AHRC has been reporting a series of statements about two deceased fisher folk activists, Mr. Haji Abu Bakar and Mr. Abdul Ghani. The AHRC reports have criticized the police who initially refused to register the First Information Report (FIR) against the alleged perpetrators – Mr. Haji Muhammad Younis, and his son Mr. Zulfiqar Younis, notorious land mafia members, and their thugs in the area. The police have supported the alleged perpetrators by accepting fabricated charges against the deceased activists and by torturing villagers who peacefully protested and demanded the arrest of the perpetrators. It is also alleged that perpetrators bribed the Medico Legal Officer, who then did not mention anything about the torture marks on the bodies of the victims in his report, despite the fact that the villagers and the victims’ relatives witnessed those marks on the bodies. 

The police registered the FIR (no. 93/11) against Haji Younis and Zulfiqar Younis, dated May 6, 2011 and submitted by the brother of the deceased Abdul Ghani, Mr. Akbar at the Docks police station in Docks Thatta, Liayri Town. The police have not launched an investigation into the case registered against the land mafia, which has a good relationship with influential politicians. Instead, the police have been interrogating and assaulting the villagers and fisher folk leaders, who had false charges registered against them by the land mafia. The unjust police action in favor of the land mafia resulted in the killing of the fisher folk activists. 

According to the fact finding mission conducted on May 8, there was a wedding ceremony in Kaka pir village before the murder happened. During the ceremony, Mr. Moosa Mir Bahar, son of Mohammad Ismail, a member of a co-operative society of fishermen, allegedly had a heart attack in the middle of heavy aerial firing and died on the way to the hospital. Mr. Faqiro was also injured at that time. On May 5, Mr. Faqir Muhammad, son of Muhammad Usman Resident of Kaka pir village (who is known as a member of the Haji Younis’s group), registered a fabricated FIR against Haji Abu Baker, Ghulam, Aijaz and Ishaq. 

On the same day night, the police – along with Mr. Haji Muhammad Younus, Zulfiqar Younus and approximately 25 armed persons – came to Kaka pir village. Station House Officer (SHO) Nasrullah Khan of Maripur police station, along with police officers riding in three police vans and private vehicles, surrounded the houses of Haji Abu Baker, Abdul Ghani and Aijaz. 

Starting at around 6pm on May 5, land mafia thugs roamed around the village and disturbed the villagers. They started violently assaulting the villagers at 2am, early in the morning of May 6. Together with a police team under the supervision of the SHO, the thugs destroyed the houses and assaulted the villagers. They also assaulted women in the village, grabbing their hair and shouting with verbal abuse. When they failed to find Abdul Ghani, they trespassed upon the office of Mangroves Eco Tourism and used a grenade to destroy office property such as a computer, furniture and other equipment. They also intruded into Mr. Haji Siddiq’s house and disturbed his family. 

Meanwhile, young boys and other villagers fled for their safety and hid themselves in the mangrove forest. However, when coming out of the forest at night, they were caught by the armed thugs and police, and were assaulted. 

The police arrested four villagers, who were then released on May 6 at 11 am. Later on that day, the bodies of Haji Abu Baker and Abdul Ghani were found near Shams Pir Island coast, an hour away from Kaka Pir Village by boat. 

False cases have been lodged against the villagers as detailed below. 

1. FIR number 43/11 dated April 11, 2011 
Mr. Abdul Ghani, son of Muhammad who was murdered 
Mr. Shakeel, son of Juma 
Mr. Basheer Ahmed Haji Sidique 

2. FIR number 53/11 dated February 1, 2011 
Mr. Haji Abubakar, son of Haroon, 
Mr. Abdul Ghani, son of Muhammad who was murdered 
Mr. Hashim, son of Muhammad 
Mr. Adam, son of Umar 
Mr. Aijaz, son of Muhammad Sidique 
Mr. Haji Muhammad Sidique, son of Salih Muhammad 
Mr. Muhammad Ali Shah (Chairperson of PFF) 
Mr. Basheer, son of Muhammad Sadique 
Mr. Muhammad Sidique, son of Muhammad Ibraheem 

3. FIR number 25/11 dated February 1, 2011 
Mr. Akbar alias Akoo 
Mr. Aijaz, son of Muhammad Sidique 
Mr. Muhammad Ali 
Mr. Hashim, son of Muhammad 
Mr. Abu Bakar, son of Haji Younis 

4. FIR number 118/2011 dated April 3, 2011 
PFF workers and Kaka pir villagers 

5. FIR number 109/2011 dated March 21, 2011 
PFF workers and Kaka pir villagers 

For more details about the background and campaign, please see the statements below. 

AHRC-STM-062-2011: PAKISTAN: Sindh government provides protection to the killers of the Fisherfolk Forum activists instead of the victims and their families 
AHRC-UAU-024-2011: PAKISTAN: Call for immediate arrest of the murderers of two activist fishermen and stop the land grabbing 
AHRC-UAC-008-2011: PAKISTAN: The villages of fisher folk are being grabbed by powerful persons from the ruling party. 

ADDITIONAL COMMENTS

Approximately, 27 acres of the village’s mangrove land, where fisher folk have been living for decades, have been stolen and sold for private profits by a land mafia. The land mafira does not have legal title to the land. The Forest and Wildlife Department of Sindh province, in its Notification (No. F & W (SOII)5(18)/2008 dated November 2, 2010), declared the mangrove forests of Thatta and Karachi to be “Protected Forest” with immediate effect under the Section 29 of the Forest Act 1927. The Forest Act clearly states that the ‘Protected Forest’ is the property of Government, or over which the Government has proprietary right, or to the whole or any part of the forest-produce to which the Government is entitled. 
However, even after the Notification, the land mafia continues to cut the mangrove trees and occupy the land for their private profits. The Sindh administration has failed to protect the forest it declared to be “protected.” The Forest Act requires the punishment of those who infringe the Notification, but the Sindh administration has taken no steps to hold the perpetrators accountable. 

Meanwhile, the deceased Abdul Ghani had filed a lawsuit (petition no. D 326/2011) on the cutting of the mangroves against Haji Younis, the Sindh Province administration, DIG Operation of West Zone Karachi, Town Police Officer of West Zone Karachi, SHO Maripur Police Station, and the Board of Revenue of Sindh Province. On April 11, 2011, the High Court gave a stay order on mangrove cutting. The land mafia then allegedly murdered two fisher folk activists, ignoring the government Notification as well as the high court order. 

SUGGESTED ACTION
Please write to authorities to express your concern that the police failed to conduct an impartial investigation and to arrest the alleged perpetrators. 

The AHRC will write a separate letter to UN Special Rapporteurs on Human Rights Defenders and on the Right to Adequate Food. 

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

SAMPLE LETTER

Dear ___________, 

PAKISTAN: Police should launch investigation and arrest the murderers of two fisher folk activists instead of encouraging false charges upon the villagers 

Name of victim
1. Mr. Haji Abu Bakar, son of Haroon, Kakkapir village, Maripur, Kemari twon, Karachi 
2. Mr. Abdul Ghani, son of Muhammad Siddique, Kakkapir village, Maripur, Kemari town, Karachi 
Names of alleged perpetrators: 
1. Mr. Haji Muhammad Younis, Former president of Pakistan Fishermen Cooperative Society, 
Sandspit, Maripur, Kemari town, Karachi-PAKISTAN 
2. Mr. Zulfiqar Younis, son of Haji Muhammad Younis, Former Town Nazim of Kemari town, 
Sandspit, Maripur, Kemari Town, Karachi-PAKISTAN 
Relevant law enforcement agency: Maripur police station 
Date of incident: May 5, 2011 
Place of incident: Kaka pir village, Maripur, Kemari town, Karachi-PAKISTAN 

I write to you to express my deep concern about the serious human rights violations committed against fisher folk by the land mafia in Sindh Province, violations that have been continuing since the 1990s. Approximately, 27 acres of the village’s mangrove land, where fisher folk have been living for decades, have been stolen and sold for private profits by a land mafia. The land mafira does not have legal title to the land. It has been aggravating the villagers’ livelihood and food security since then. 

I am aware that Mr. Haji Muhammad Younis and his son, Mr. Zulfiqar Younis who are notorious members of the land mafia in Karachi, have been destroying the mangrove forest declared to be ‘Protected Forest’ by the Province administration. The Sindh administration issued the Notification under the Forest Act in November 2010. However, the land mafia cut the trees even after that, which the administration has not taken any further step against them. 

I am informed from the series of reports by the AHRC about two deceased fisher folk activists, Mr. Haji Abu Bakar and Mr. Abdul Ghani. The AHRC reports have criticized the police who initially refused to register the First Information Report (FIR) against the alleged perpetrators – Mr. Haji Muhammad Younis, and his son Mr. Zulfiqar Younis, and their thugs in the area. The police have supported the alleged perpetrators by accepting fabricated charges against the deceased activists and by torturing villagers who peacefully protested and demanded the arrest of the perpetrators. It is also alleged that perpetrators bribed the Medico Legal Officer, who then did not mention anything about the torture marks on the bodies of the victims in his report, despite the fact that the villagers and the victims’ relatives witnessed those marks on the bodies. 

The police registered the FIR (no. 93/11) against Haji Younis and Zulfiqar Younis, dated May 6, 2011 and submitted by the brother of the deceased Abdul Ghani, Mr. Akbar at the Docks police station in Docks Thatta, Liayri Town. Whereas the police have not launched an investigation into the case registered against the land mafia, which has a good relationship with influential politicians. Instead, the police have been interrogating and assaulting the villagers and fisher folk leaders including the deceased two leaders, who had false charges registered against them by the land mafia. I am of the opinion that the unjust police action in favor of the land mafia resulted in the killing of the fisher folk activists. 

According to the fact finding mission conducted on May 8, there was a wedding ceremony in Kaka pir village before the murder happened. During the ceremony, Mr. Moosa Mir Bahar, son of Mohammad Ismail, a member of a co-operative society of fishermen, allegedly had a heart attack in the middle of heavy aerial firing and died on the way to the hospital. Mr. Faqiro was also injured at that time. On May 5, Mr. Faqiro Muhammad, son of Muhammad Usman Resident of Kaka pir village (who is known as a member of the Haji Younis’s group), registered a fabricated FIR against Haji Abu Baker, Ghulam, Aijaz and Ishaq. 

On the same day night, the police – along with Mr. Haji Muhammad Younus, Zulfiqar Younus and approximately 25 armed persons – came to Kaka pir village. Station House Officer (SHO) Nasrullah Khan of Maripur police station, along with police officers riding in three police vans and private vehicles, surrounded the houses of Haji Abu Baker, Abdul Ghani and Aijaz. 

Starting at around 6pm on May 5, land mafia thugs roamed around the village and disturbed the villagers. They started violently assaulting the villagers at 2am, early in the morning of May 6. Together with a police team under the supervision of the SHO, the thugs destroyed the houses and assaulted the villagers. They also assaulted women in the village, grabbing their hair and shouting with verbal abuse. When they failed to find Abdul Ghani, they trespassed upon the office of Mangroves Eco Tourism and used a grenade to destroy office property such as a computer, furniture and other equipment. They also intruded into Mr. Haji Siddiq’s house and disturbed his family. 

Meanwhile, young boys and other villagers fled for their safety and hid themselves in the mangrove forest. However, when coming out of the forest at night, they were caught by the armed thugs and police, and were assaulted. The police arrested four villagers, who were then released on May 6 at 11 am. Later on that day, the bodies of Haji Abu Baker and Abdul Ghani were found near Shams Pir Island coast, an hour away from Kaka Pir Village by boat. 

It is clear that the police fail to conduct an impartial investigation into the case whereas the Sindh administration fails to protect the forest that they declared as ‘Protected’ and the food security of the fisher folk. I am aware that the Forest Act requires the punishment of those who infringe the Notification, but the Sindh administration has taken no steps to hold the perpetrators accountable. 

The deceased Abdul Ghani had filed a lawsuit (petition no. D 326/2011) on the cutting of the mangroves against Haji Younis, the Sindh Province administration, DIG Operation of West Zone Karachi, Town Police Officer of West Zone Karachi, SHO Maripur Police Station, and the Board of Revenue of Sindh Province. On April 11, 2011, the High Court gave a stay order on mangrove cutting. The land mafia then allegedly murdered two fisher folk activists, ignoring the government Notification as well as the high court order. 

I therefore, urge you, as a duty bearer of international human rights laws and domestic laws to intervene into the case to protect mangrove tree forest and land from the land mafia, and to protect the right to food of fisher folks by conducting immediate investigation and arresting the alleged perpetrators. 

I look forward to your prompt response and action in this case. 

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 of Pakistan 
Prime Minister House 
Islamabad 
PAKISTAN 
Fax: + 92 51 9221596 
E-mail: secretary@cabinet.gov.pk 

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

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. Mr. Muhammad Ayaz Soomro 
Minister for Law, Parliamantry Affairs & Criminal Prosecution Service 
Sindh Assembly Building, 
Court road, Karachi, Sindh province 
PAKISTAN 
Fax: +92 21 9211982 
E-mail: secy.law@sindh.gov.pk 

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 
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.pk 

9. Inspector General of Police 
Police Head office, I. I. Chundrigar road 
Karachi, Sindh Province 
PAKISTAN 
Fax: +92 21 9212051 
E-mail: ppo.sindh@sindhpolice.gov.pk 

Thank you. 

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