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PAKISTAN: Gang-rape of a 15 year-old girl and total obstruction of justice by police and state authorities

March 15, 2007

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ASIAN HUMAN RIGHTS COMMISSION ?URGENT APPEALS PROGRAMME

Urgent Appeal

15 March 2007
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UA-081-2007: PAKISTAN: Gang-rape of a 15 year-old girl and total obstruction of justice by police and state authorities

PAKISTAN: rape of a child under 18 year-old; police negligence; abduction; no independence in police investigation; no rule of law
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Dear friends

The Asian Human Rights Commission (AHRC) has received information regarding the kidnapping and gang-rape of a 15 year-old-girl by more than a dozen attackers from Town Layyah in Punjab province beginning on 30 January 2007. The heinous crime, which was committed over a four-day period, has still not been registered by the police 43 days after the incident. It has been reported that the members of the National and Provincial Assembly of Punjab, including the Chief of the District Council from the ruling party are protecting the perpetrators. After a 38 day delay, the Session Court finally ordered a medical examination to be conducted on March 9, which confirmed that the girl had indeed been gang-raped. Despite the medical findings, none of the alleged perpetrators have been arrested. The victim has now appealed to higher authorities including the Chief Justice of Pakistan, Chief Justice of Lahore high Court in Punjab, Governor of Punjab province, and the Chief Minister of Punjab Province, all of whom have done nothing to help her find justice and redress. Meanwhile, the perpetrators are threatening the victim's family to withdraw the case otherwise the women of the family will face the same fate as the victim.

CASE DETAILS:

On 30 January 2007, 15 year-old Miss Asma Shah from Town Layyah in Punjab province, was allegedly kidnapped by five men from the Imambargah Pur Sultan (a religious place of the Shia sect of Islam) after she had attended the Majlis, a gathering that mourns the death of the grand son of the holy prophet Mohammad (PBUH) of Islam.

The five alleged perpetrators are Sajjad Hussain, Mohammad Ashraf, Munna Qasai, Muneer Gujjar and Nasir Hussain Shah. They told the victim that her mother was calling in order to manipulate her into going with them. She was taken and held hostage at an unknown place and allegedly raped by several people throughout that day.

Allegedly, the victim had been raped over a four-day period by several influential people including some politicians that she recognized from the day of her kidnapping. While she was detained, she was also severely beaten by the perpetrators when she refused to follow their orders.

Four days later, after she was released, her and her family immediately went to the Kot Sultan Police station in Layyah District, Punjab province to lodge a complaint. However the police refused to register the case.

In frustration, people from the community began to protest. They spoke out against the police and politicians from ruling parties including the Pakistan Muslim League and the Pakistan People Party Patriot, accusing them of inaction and irresponsibility in dealing with the rape case.

The protest became a serious issue around town. It has been allegedly reported that several politicians including Malik Niaz Ahmed Jhakar (the member of National Assembly), Ajaz Ahmed Achlana (the member of provincial assembly of Punjab province) and Malik Iftekhar Ahmed Jhakar (Chief of Town council, Layyah), each called the victim's family and the Station Head Officer of the Kot Sultan Police, as well as the alleged perpetrators. The politicians then threatened the victim and her father, and then dictated a statement to the police saying that there was no evidence of a gang-rape and that the victim's earlier statement was false.

Later on, the victim and local activists submitted an application to the Session Court of Layyah district to seek a full medical examination of the victim and clarify the facts. The court ordered the Kot Sultan Police station to provide a statement on the application. On March, the Station Head Officer Amjad Javed Dogar said in court that no rape had occurred and that the allegations were fictitious. Following this statement, the court ordered a medical examination of the victim.

When the medical check-up was conducted at District Head Quarter Hospital at Layyah district on March 9, it was found that the victim was severely raped by at least more than one person. After the release of medical report, the medical superintendent of the hospital Mr. Malik Nisar Ahmed Jhakra, who is the young brother of Malik Niaz Ahmed Jhakra, the member of National Assembly, allegedly drafted a medical report that did not mention the possibility of a gang-rape or the fact that the victim was assaulted over an extended period of time.?

It has also been reported that the victim's family has been receiving threats from another member of Punjab Assembly named Fazal Soomrah, telling them to withdraw the case against the perpetrators otherwise they will face more trouble. The police have yet to record a First Information Report (FIR), which is a prerequisite for filing criminal cases of rape. Meanwhile, the areas most influential people are patronizing the perpetrators who have still not been arrested.

The AHRC demands that the Pakistani authorities immediately launch an independent investigation into this case. The AHRC would like to highlight that this is a crystal clear example of incompetent policing, destruction of justice, and total disregard for public office.

As enshrined in the Convention on the Rights of the Child (CRC) to which the Pakistan government is a state party, the state has an obligation to protect the child of their country from all forms of physical or mental violence, including sexual abuse under the article 19 of the convention. In addition, article 37 of the convention states no child shall be subjected to any kinds of inhuman treatment. According to these principles recognized under the CRC, the above mentioned case is a clear violation of these principles.

We therefore urge the government of Pakistan immediately conduct a fair investigation into this case and bring the alleged perpetrators before the court without further delay.


SUGGESTED ACTION:

Please write a letter to the following authorities urging them to properly investigate the case of abduction and gang rape of the victim and bring all the alleged perpetrators to justice.

To support this urgent appeal, please click here:

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Suggested letter:


Dear __________,


PAKISTAN: Gang-rape of a 15 year-old girl and total obstruction of justice by police and state authorities

Name of the victim: a 15-year-old girl, Miss Asma Shah, a daughter of Mr. Nawaz Shah, resident of, Bait Wasawa Kalroo Wala Town Layyah, District Layyah, Punjab province.
Name of the perpetrators:
1. Mr. Sajjad Hussain s/o Mr. Khuda Bux,
2. Mr. Mohammad Ashraf s/o Ghulam Hussain,
3. Mr. Munna Qasai s/o Abdul Ghafoor Lal,
4. Mr. Muneer Gujjar s/o unknown,
5. Mr. Nasir Hussain Shah s/o Sher Hussain,
6. Mr Malik Niaz Ahmed Jhakar, Member National Assembly of Pakistan,
7. Mr. Ajaz Ahmed Achlana, Member of Punjab Assembly,
8. Mr. Malik Iftekhar Ahmad Jhakar, Nazim of Layyah town council,
9. Mr. Amjad Javed Dogar, station head officer of Kot Sultan Police station, Layyah, Punjab.
Date of the incident: 30 January 2007

I am writing to show my deepest concern over the alleged inaction of the police over the rape case of a 15 year-old girl, Miss Asma Shah from Town Layyah, Punjab province on 30 January 2007.

According to the information I received, the victim was allegedly kidnapped by five men from the Imambargah Pur Sultan (a religious place of the Shia sect of Islam) after she had attended the Majlis, a gathering that mourns the death of the grand son of the holy prophet Mohammad (PBUH) of Islam.

The five alleged perpetrators are Sajjad Hussain, Mohammad Ashraf, Munna Qasai, Muneer Gujjar and Nasir Hussain Shah. They told the victim that her mother was calling in order to manipulate her into going with them. She was taken and held hostage at an unknown place and allegedly raped by several people throughout that day.

Allegedly, the victim had been raped over a four-day period by several influential people including some politicians that she recognized from the day of her kidnapping. While she was detained, she was also severely beaten by the perpetrators when she refused to follow their orders.

I have heard that four days later, after she was released, her and her family immediately went to the Kot Sultan Police station in Layyah District, Punjab province to lodge a complaint. However the police refused to register the case.

In frustration, people from the community began to protest. They spoke out against the police and politicians from ruling parties including the Pakistan Muslim League and the Pakistan People Party Patriot, accusing them of inaction and irresponsibility in dealing with the rape case.

I know that the protest became a serious issue around town. It has been allegedly reported that several politicians including Malik Niaz Ahmed Jhakar (the member of National Assembly), Ajaz Ahmed Achlana (the member of provincial assembly of Punjab province) and Malik Iftekhar Ahmed Jhakar (Chief of Town council, Layyah), each called the victim's family and the Station Head Officer of the Kot Sultan Police, as well as the alleged perpetrators. The politicians then threatened the victim and her father, and then dictated a statement to the police saying that there was no evidence of a gang-rape and that the victim's earlier statement was false.

Later on, the victim and local activists submitted an application to the Session Court of Layyah district to seek a full medical examination of the victim and clarify the facts. The court ordered the Kot Sultan Police station to provide a statement on the application. On March, the Station Head Officer Amjad Javed Dogar said in court that no rape had occurred and that the allegations were fictitious. Following this statement, the court ordered a medical examination of the victim.

When the medical check-up was conducted at District Head Quarter Hospital at Layyah district on March 9, it was found that the victim was severely raped by at least more than one person. After the release of medical report, the medical superintendent of the hospital Mr. Malik Nisar Ahmed Jhakra, who is the young brother of Malik Niaz Ahmed Jhakra, the member of National Assembly, allegedly drafted a medical report that did not mention the possibility of a gang-rape or the fact that the victim was assaulted over an extended period of time.?

It has also come to my attention that the victim's family has been receiving threats from another member of Punjab Assembly named Fazal Soomrah, telling them to withdraw the case against the perpetrators otherwise they will face more trouble. The police have yet to record a First Information Report (FIR), which is a prerequisite for filing criminal cases of rape. Meanwhile, the areas most influential people are patronizing the perpetrators who have still not been arrested.

To my regret, I have learned that the independence of police from political influence is rarely seen in Pakistan. In this case, influential politicians have allegedly instigated the police officers to make false statements in order to conceal the fact of the rape. Moreover, it is hard to believe that the police authorities could spend over 40 days without conducting any investigation in the case or take action in arresting the alleged perpetrators.

To best of my knowledge, as enshrined in the Convention on the Rights of the Child (CRC) to which the Pakistan government is a state party, the state's obligation to protect the child from all forms of physical or mental violence, including sexual abuse under article 19 of the convention. In addition, article 37 of the convention states no child shall be subjected to any kinds of inhuman treatment. In this rape case, the victim is a 15 year-old girl who is recognized as child under the CRC. I therefore argue that the state authority of Pakistan should clearly be responsible to take appropriate action in fulfilling its responsibility.

In light of the above, I urge your immediate action into this case in order to ensure that an investigation is immediately conducted. I would like to mention that the investigation must be impartial without being influenced by any outside authorities. I also urge a greater effort in bringing the alleged perpetrators to justice.

Finally, I urge you to take all necessary steps to ensure that all legal remedies are provided to the victim and her family members including those who have filed complaints.

I look forward your sincere and immediate action into this important matter.

Yours sincerely,


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PLEASE SEND COPIES TO:

1. General Pervez Musharraf
President
President's Secretariat
Islamabad
PAKISTAN
Fax: +92 51 922 1422, 4768/ 920 1893 or 1835
E-mail: (please see - http://www.presidentofpakistan.gov.pk/WTPresidentMessage.aspx)

2. Mr. Muhammad Wasi Zafar
Minister of Law, Justice and Human Rights
S Block Pakistan Secretariat
Islamabad
PAKISTAN
Fax: +92 51 920 2628 E-Mail: minister@molaw.gov.pk

3. Mr. Mohamad Ali Durrani
Federal Minister for Information and Broadcasting
Government of Pakistan
Islamabad
PAKISTAN
Email: infominister@infopak.gov.pk

4. Mr.Tariq Azeem
Minister of State for Information and Boradcasting
Government of Pakistan
Islamabad
PAKISTAN
Email: mos@infopak.gov.pk

5. Dr. Faqir Hussan
Registrar
Supreme Court of Pakistan
Constitution Avenue
Islamabad
PAKISTAN
Tel: + 92-51-9213770
E-mail: registrar@supremecourt.gov.pk

6. Additional Registrar
Supreme Court of Pakistan
Constitution Avenue
Islamabad
PAKISTAN
Tel: + 92-51-9205478 / 9209496
Fax: + 92-51-9220406
E-mail: additionalregistrar@supremecourt.gov.pk
?lt;br />7. Choudhry Pervez Ihhahi
Chief Minister of Punjab
Chief Minister House
Lahore
PAKISTAN

8. Secretary of Law and Parliamentary Government of Punjab
Punjab Secretariat
Ravi Road
Lahore
PAKISTAN
E-mail: law@punjab.gov.pk

9. Lt. General Khalid Maqbool
Governor of Punjab
Governor House
Mall Road, Lahore
PAKISTAN
Fax: +92 42 9200023
E-mail: governor.sectt@punjab.gov.pk 

10. Chief Secretary of Government of Punjab
Punjab Secretariat
Lahore
PAKISTAN
Fax: +92 42 7324489
E-mail: chiefsecy@punjab.gov.pk 

11. Mr. Khusro Pervez Khan
Home secretary
Punjab Secretariat
Lahore
PAKISTAN
E-mail: home@punjab.gov.pk


Thank you.

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

Document Type :
Urgent Appeal Case
Document ID :
UA-081-2007
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.