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PAKISTAN: A cleric dies in custody after being detained for suspected al-Qaeda links

August 19, 2004

URGENT ACTION URGENT ACTION URGENT ACTION URGENT ACTION

ASIAN HUMAN RIGHTS COMMISSION - URGENT APPEALS PROGRAM

20 August 2004
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UA-105-2004: PAKISTAN: A cleric dies in custody after being detained for suspected al-Qaeda links

PAKISTAN: Torture; Right to life; Custodial death
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Dear friends

 
It has come to the attention of the Asian Human Rights Commission (AHRC) that a cleric, Qari Mohammad Noor, arrested last week for suspected al-Qaeda links has died in custody in controversial circumstances. While the post-mortem reports have not been disclosed to the public, human rights groups claim that there were marks of torture on Noor’s body.
 
AHRC is gravely concerned by the increased use of torture in Pakistan by the police and security forces, as well as the articulation of ‘national security’ and ‘terrorism’ as justification for state violence and suppression. Your urgent action to demand an impartial investigation into Noor’s death with the subsequent prosecution and punishment of those responsible is required.
 
Urgent Appeals Desk
Asian Human Rights Commission (AHRC)
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CASE DETAILS:
 
Qari Mohammad Noor was detained in a raid on an Islamic school in the city of Faisalabad for alleged links to the al-Qaeda network last week, and officials have said he has since died in custody. The police confirmed Mr. Noor’s death on Wednesday 18 August 2004 and said that he died of a heart attack. However, Noor’s post mortem reports have not been made public and human rights groups have said that there were marks of torture on his body, which is of immense concern.
 
It is also not known whether Noor was in police custody when he died or in that of another state agency. Sources at the private hospital in Faisalabad where the post mortem took place say that Mr. Noor's body arrived under a police escort from Lahore.
 
Noor was arrested with two other people, Faisalabad city president of the MMA, Obaidullah Gormani, and another Islamic cleric, Imam Din, both of whom have been released.
 
A statement read out by a religious political party spokesman in Faisalabad alleged that Mr Noor was beaten in detention and had nearly 180 marks on his body.
 
City police chief Abid Saeed told Reuters news agency that details of Mr Noor's death would be released later. Saeed also said that Noor was suspected of involvement in anti-state activities.
 
Torture under any circumstances is a crime under the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment. AHRC urges the Government of Pakistan to sign the Convention and introduce corresponding domestic legislation.
 
SUGGESTED ACTION:
Please send a letter, fax or email to the following authorities expressing your concern over this case.
 
1. General Pervez Musharraf
President
Pakistan Secretariat
Islamabad
PAKISTAN
Fax: +92 51 922 4768/ 920 1893 or 1835
E-mail: CE@pak.gov.pk
 
2. Syed Sultan Shah
Joint Secretary for Law, Justice and Human Rights
Islamabad
PAKISTAN
Tel: +92 51 920 3464
Fax: +92 51 9203119
 
3. Mr. Sahadat Ullah Khan
Inspector General of Police of Punjab
Telephone: +92 42 921 0062
Fax: +92 42 921 0028, 921 0064

4. Mr. Theo C. van Boven
Special Rapporteur on the Question of Torture
OHCHR-UNOG
8-14 Avenue de la Paix
1211 Geneva 10
SWITZERLAND
Fax: +41 22 917 9016

5. Mr. Philip Alston
Special Rapporteur on Extrajudicial, Summary or Arbitrary Executions
c/o OHCHR-UNOG, 1211 Geneva 10
SWITZERLAND
Tel: +92 42 5763 234
Fax: +41 22 917 9006 / +92 42 5763 236
Email: webadmin.hchr@unog.ch or asmalaw@brain.net.pk
 
6. Mr. Robert K. Goldman
Independent Expert on the protection of human rights
and fundamental freedoms while countering terrorism
c/o OHCHR-UNOG, 1211 Geneva 10
SWITZERLAND
Fax: +41 22 917 9006
 
Sample letter:
 
Dear
 
RE: A cleric dies in custody after being detained for suspected al-Qaeda links

I am writing in concern at the death of Qari Mohammed Noor, a cleric, while being detained for suspected al-Qaeda links. Noor was allegedly tortured while in detention, as suggested by the reported torture marks on his body.
 
I urge you to make his post-mortem reports available to the public and to conduct a fair and impartial investigation into his death, with the subsequent prosecution and punishment of those responsible. Torture is increasingly being used by the police and armed forces in Pakistan, which is a violation under the Convention against Torture.
 
There is also an increase in the spouting of ‘national security’ and ‘terrorism’ as justifications for state violence and suppression, which violate fundamental human rights. Such a situation serves to further deteriorate the rule of law in Pakistan, which consequently increases human rights violations. Therefore, I urge the Government of Pakistan to ratify the Convention against Torture and introduce the corresponding domestic legislation to prevent the abuse of power by state and law enforcement agencies.
 
Yours sincerely,
 
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Thank you.
 
Urgent Appeals Programme
Asian Human Rights Commission
 
 
 
Document Type :
Urgent Appeal Case
Document ID :
UA-105-2004
Countries :
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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.