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PAKISTAN: A woman killed by her nephew on the pretext of honor killing

September 9, 2004

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ASIAN HUMAN RIGHTS COMMISSION - URGENT APPEALS PROGRAM

9 September 2004
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UA-114-2004:  PAKISTAN: A woman killed by her nephew on the pretext of honor killing

PAKISTAN: Honor killing; Violence against women; Rule of law
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Dear friends,

The Asian Human Rights Commission (AHRC) has received another honor killings case from Sindh Province, Pakistan. According to the information received, Ms. Mehan (22) was shot dead by her nephew Altaf (25) at her house in in Mirzapur village, Shikarpur district, Sindh province early in the morning of 7 July 2004. After killing his aunt, Altaf claimed that he killed her because she had illicit sexual relations with a man named Mr. Dilshad. It is reported that Mr. Dilshad left the village because he feared being killed by Altaf.   

AHRC strongly urges the local authorities to investigate this serious case and arrest and prosecute the perpetrator without delay. AHRC also strongly urges the local authorities to take action to prevent a possible jirga from settling this case. In our Urgent Appeal issued on 26 August 2004(see UA-28-2004), AHRC reported that a father of the victim who was killed by her husband was arrested by the police because he refused to accept the kirga decision and compensation.  

Your urgent action is required to pressure the local authorities to investigate this serious case and arrest and prosecute the perpetrator.

Urgent Appeals Desk
Asian Human Rights Commission (AHRC)
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DETAILED INFORMATION:

Name of the victim: Ms. Mehan, 22 years old, married with two children, wife of Hajji Abdul Khaaliq (45), of Junjo tribe
Alleged perpetrator: Altaf, 25 years old, son of Abdul Majeed, a farmer, the nephew of the victim's husband, of Junejo tribe, resides in Mirzapur village, Garhi Yasen sub-division, Shikarpur district, Sindh province, Pakistan
Complainant: Dur Muhammad, son of Aandal, a farmer, of Junejo tribe, the victim's cousin, resides in Mirzapur village in Garhi Yasen sub-division, Shikarpur
Witnesses: 1) Moula Bux, son of Lal Bux, of Junejo tribe, 2) Anwar, son of Meeral, of  Junejo tribe (both reside in in Mirzapur village, relatives of the victim's husband and complainant)  
Date of incident:   7 July 2004 at about 5:00am
Place of incident:  Mirzapur village, Garhi Yaseen sub-division, Shikarpur district, Sindh province, Pakistan

Account of incident:

At about 5:00 am on 7 July 2004, Altaf (25) allegedly killed his aunt Ms Mehan (22) on the pretext of honor killing in Mirzapur village, Garhi Yaseen sub-division, Shikarpur district, Sindh province, Pakistan. Altaf suspected his aunt had illicit sexual relations with one of his relatives named Mr. Dilshad who lived in the same street as Ms Mehan and Altaf. After the incident the victim's cousin Dur Muhammad lodged a complaint about the incident at Gaheja Police Station immediately. (Case First Investigation Report(FIR) No. 23/2004 under Section 302 Pakistan Penal Code) At the time of the incident, the victim's husband was not at home because he had gone Karachi to buy some goods.

According to Dur Muhammad, Ms Mehan was given into marriage to his maternal cousin Hajji Abdul Khaaliq (45) and they have two children. At about 5:00 am of 7 July 2004, he heard loud shouts from Hajji Abdul Khaaliq's house. He and his two relatives named above ran to Hajji Abdul Khaaliq's house and they could clearly hear cries of a quarrel.
When he entered the house, Dur Muhammad saw that Altaf held a T.T pistol in his hand. Altaf was quarrelling with the family members (mainly women) of Hajji Abdul Khaaliq. Hajji Abdul Khaaliq was not at home at that time as he went to Karachi to buy some domestic animals. Dur Muhammad and his two relatives asked Altaf about the matter but instead of answering them, Altaf shot his aunt Ms Mehan with his pistol. Altaf then claimed that Ms Mehan had illicit sexual relations with Mr. Dilshad so he killed her and he fled from the place. Dur Muhammad and his relatives did not dare to catch him because he had a pistol. When they rushed to the victim, they saw that the bullet hit on the left side of her stomach and she had already died.  

Dur Muhammad asked his relatives to stay with Ms Mehan's body and went to the elder of his clan Mr. Imtiaz Khan to seek counsel about the incident. Mr. Imtiaz Khan advised him to report the case to the police station. Then Dur Muhammad lodged the First Investigation Report (FIR) at the Gaheja Police Station. At the police station, Dur Muhammad claimed that Ms Mehan was killed by Altaf due to false allegations.  

According to villagers, Mr. Dilshad, who was alleged of having illicit sexual relations with the victim, left the village fearing that he would be also killed by Altaf.
The Gaheja police made a raid to arrest Altaf but he had already fled from the village and his whereabouts is unknown. Even though Dur Muhammad lodged a FIR at the Gaheja Police Station, the case has not been challenged before court and instead the police sent the case to the prosecution department for its opinion. Local human rights activists are concerned that a local council jirga may be held to settle this matter outside the court and the perpetrator will escape from the punishment as usual.

Pakistan’s jirga system continues to lead the country in feudal practices that are contrary to legal and human rights principles. The practice of honour killings is an atrocious form of violence against women that is committed almost daily within the country. While the jirgas allow and support this practice, it has been almost impossible to take effective legal action against the perpetrators.

In our Urgent Appeal issued on 26 August 2004(see UA-28-2004), AHRC reported that a father of the victim who was killed by her husband was arrested by the police because he refused to accept the decision and compensation made by the jirga, which have been held illegal under the Sindh High Court decision in Pakistan. Although the police were aware of the jirga being held, they did nothing to prevent this illegal act. 

AHRC strongly urges the local authorities to investigate this serious case and arrest and prosecute the perpetrator without delay. AHRC also strongly urges the local authority to take action to prevent a possible jirga to settle this case outside court.

SUGGESTED ACTION:
Please send a letter, fax or email to the following addresses and express your concern about this serious case. And urge the authorities to arrest the perpetrator shortly.

Sample letter:

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Dear Sir,

Re: PAKISTAN: A woman killed by her nephew on the pretext of hornor killing (FIR no. 23/2004 under Section 302 PPC at Gaheja Police Station)

Name of the victim: Ms. Mehan, 22 years old, married with two children, wife of Hajji Abdul Khaaliq (45), of Junjo tribe, resides in Mirzapur village, Garhi Yasen sub-division, Shikarpur district, Sindh province, Pakistan
Alleged perpetrator: Altaf, 25 years old, son of Abdul Majeed, a farmer, the nephew of the victim's husband, of Junejo tribe
Date of incident:   7 July 2004 at about 5:00am
Place of incident:  at the victim's house in Mirzapur village

I am writing to bring to your attention another case of honor killing happened in Shikarpur district, Sindh province, Pakistan. Ms. Mehan (22) was killed by her nephew Altaf (25) at her house in Mirzapur village, Garhi Yasen sub-division, Shikarpur district, Sindh province on 7 July 2004. Altaf allegedly claimed that he killed his aunt because she had illicit sexual relations with Mr. Dilshad who lived in same street. It was reported that Mr. Dilshad fled from the village fearing that he would be also killed by Altaf. The perpetrator has not been yet arrested by the police.

This case is another example that shows inaction of the government of Pakistan in matter of honor killings. Even though, Article 2(f) of the Convention on the Elimination of All Forms of Discrimination against Women (CEDAW), which the government of Parkistan is a state party, clearly mentioned that the state government should take all appropriate measures, including legislation, to modify or abolish existing laws, regulations, customs and practices which constitute discrimination against women, the government of Pakistan has failed to implement it on domestic level.

I strongly urge you to order a thorough inquiry into this case and bring the perpetrator to justice as soon as possible. I also urge the government of Pakistan to prohibit a tribal jirga and to handle the case in accordance with the law. I further urge the government of Pakistan to fulfill its international obligation and implement CEDAW on a domestic level to abolish the practice of honor killing.

Truly yours,

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Send a letter to:

1. General Pervez Musharraf
President
Pakistan Secretariat
Islamabad
PAKISTAN
Fax: +92 51 922 4768/ 920 1893 or 1835
Email: ce@pak.gov.pk

2. Mr. Ishrat-ul-Ibad Khan
Governor 
Governor House Karachi
Sindh Province
PAKISTAN
Tel: +92 21 9201201-3
E-mail: governor@governorsindh.gov.pk

3. Mr. Khameeso Khan Memon
District Police Officer (DPO), Shikarpur
Police Head Quarters
Shikarpur, Sindh province
PAKISTAN
Tel: +(92) 761 515077/512309
Fax: +(92) 761 512369

4. Mr. Sayed Kamal Shah
Provincial Police Officer, Sindh Police
Central Police Office Karachi
Sindh Province
PAKISTAN
Tel: +(92) 21 9212626-7
Fax: +(92) 21 9212051

5. Mr. Syed Sultan Shah
Joint Secretary for Law, Justice and Human Rights
Islamabad
PAKISTAN
Tel: +(92) 51 920 3464
Fax: +(92) 51 9203119

6. Ms. Yakin Erturk
Special Rapporteur on Elimination of Violence against Women
Atten: Ms. Christina Saunders
Room: 4-041
c/o OHCHR,-UNOG
1211 Geneva 10
SWITZERLAND
Tel: +41 22 917 9150
Fax: +(41) 22 917 9022/9006
E-mail: csaunders@ohchr.org


Thank you.

Urgent Appeals Programme
Asian Human Rights Commission (AHRC)

Document Type :
Urgent Appeal Case
Document ID :
UA-114-2004
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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.