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PAKISTAN: Investigation stalled into horrific killing of a human rights activist's son

July 27, 2005

URGENT ACTION URGENT ACTION URGENT ACTION URGENT ACTION?

ASIAN HUMAN RIGHTS COMMISSION - URGENT APPEALS PROGRAM

28 July 2005
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UA-129-2005: PAKISTAN: Investigation stalled into horrific killing of a human rights activist’s son

PAKISTAN: Attacks on human rights defenders, government inaction, police inaction, failure to conduct post-mortem, impunity
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Dear friends,

The Asian Human Rights Commission (AHRC) writes to you seeking your urgent intervention into the brutal torture and horrific killing of 21-year-old Faraz Ahmed Naveed, the son of prominent human rights activist Baseer Naveed, on 8 November 2004. Faraz was himself a peace activist who had attended peace conferences in Canada in 2000 and India in 2002, as a representative of Pakistani youth. Faraz was targeted because of Baseer’s campaigning against the construction of a major expressway near Karachi. Following Faraz's death, Baseer's other son was beaten, as too was his wife.

Despite the significant time that has now passed since Faraz was kidnapped, tortured and killed, no effective action has been taken by the police or government and therefore his killers remain at large. The police maintain that investigations are ongoing, but to date no arrests have been made and little, if anything, has been done to properly pursue this case.

We request that you write to President General Pervez Musharraf seeking his immediate intervention into this case. An independent and impartial enquiry must be conducted into Faraz’s death without delay in order to bring the perpetrators of these crimes to justice. Of paramount importance is that full protection must be provided to Baseer and his family while investigations are underway, during the trial and after it, if need be.

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

Name of the victim: Faraz Ahmed Naveed, 21-years-old, son of Baseer Naveed
Date of incident: 8 November 2004

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Details:

Baseer Naveed is a prominent human rights activist in Pakistan and Chairman of the Citizen Action Committee. He is leading the movement of more than 50 communities against the construction of Lyari Expressway in Karachi. The construction of the expressway would render some 300,000 people homeless and at least 100,000 students would be deprived of education due to destruction of schools. The project is being built on the direct instruction of President General Musharraf and with direct involvement of the army. Baseer’s activities against this project has made him subject to threats and intimidation by unknown persons.

On 8 November 2004, Baseer's son Faraz came to his radio station to assist in a broadcast. After the broadcast he told his father he would go to the washroom and then they would go home together. When he went to the washroom he was called to the exit by some unknown persons and then he was not see again. Believing that he may have just gone off with friends, Baseer did not worry.

On November 10, when Baseer was at work at the radio station, he was told that a youth’s body had been found alongside the building.?Finishing his broadcast, Baseer went to take a look and there saw a crowd looking at the body of a mutilated young man. Torture marks could be seen all over the body, the neck was clearly broken and the nose was visibly pushed into the skull. A police officer came to Baseer and gave him identity documents from the body indicating it was Faraz. But Baseer could not recognize him. Anyhow they took the body to the nearby Jinnah Hospital. It was only upon reaching the hospital and inspecting the body further that Baseer realised the mutilated body before him was his own son, Faraz.

Baseer immediately demanded that a post-mortem be conducted on his son’s body. However, the Medico-legal Officer at the hospital refused to perform one without giving any clear reasons. Baseer tried for three hours to have the post-mortem conduct, without success. The hospital also would not accept the body and it was kept in the hot sun for a long time. Police from Feroz Aabad station present at the hospital assured Baseer that all would be done to find his son’s killers. Baseer was forced to take the body home without a post-mortem, for funeral rites and later again tried to have a post-mortem done, but again without success. Soon after, the governor of the province also assured Baseer that his son’s killers would be found and that he and his family would be looked after.

Since this time, the police and government authorities have failed to pursue the case seriously. Police later found blood stains in the building believed to be from his son, but these have not been used in evidence. The police also have changed their interpretation of the incident. The first police investigators began looking at the case as a murder but subsequently other police said that it was a suicide. Again after that more senior officers said that it was a murder. However, no progress has been made in the investigation.

The police questioned some of Faraz’s friends to give the appearance that they were doing something, but there was no evidence against these friends whatsoever and Baseer remonstrated that they would not be responsible for his son’s death.

Baseer and his family have received further threats since his son’s death. When Baseer continued to pressure the police to properly investigate the killing, he was told by army officers to leave the matter and take care of his other son and daughter.

One month after Faraz’s body was found, Baseer’s other son was forcibly removed from his school bus and beaten by unknown persons. He was told at the end of his beating that he was to go home and tell his father “don’t go any further".

One month after the beating of Baseer's other son, his wife was then beaten in a marketplace and had her purse stolen. When she went to the police to report this and explained what had been happening to her family, the police officer told her that he would not lodge a First Investigation Report (FIR) on her behalf if this was the line of complaint she intended to pursue. An FIR was, therefore, never lodged.

The Pakistan Human Rights Commission approached the government regarding this case. They requested to know why a post-mortem was not conducted on Faraz at the time of his death. However, they were provided no answer.

To date, no action has been taken in this case and no persons have been brought to justice for this heinous crime. The targeting and killing of Faraz was unquestionably a message to Baseer to stop protesting against the construction of the expressway. The repeated attacks against his other family members, give support to this belief.

SUGGESTED ACTION:

Please write to President General Pervez Musharraf voicing your deep concern for this case. An impartial and independent inquiry must be conducted by a specialized criminal investigation unit into Faraz’s killing. Of utmost importance is full protection to Baseer and his family while investigations and the subsequent trial are under way.
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Sample letter:

Dear President General Musharraf,

PAKISTAN: Stalled investigation into horrific killing of a human rights activist’s son

I write to you to voice my deep concern over the brutal torture and horrific killing of 21-year-old Faraz Ahmed Naveed, the son of prominent human rights activist Baseer Naveed, on 8 November 2004. Faraz was himself a peace activist who had attended peace conferences in Canada in 2000 and India in 2002, as a representative of Pakistani youth. I have come to know that Baseer had been subject to several serious threats for his campaigning against the construction of the Lyari Expressway in Karachi. These threats, it would appear, culminated in the killing of Faraz and the shocking torture conducted against him prior to his death.

Despite Baseer demanding that a post-mortem be conducted on his son's body, the Medico-legal Officer at the hospital refused to perform one without giving any clear reasons. Baseer tried for three hours to have the post-mortem conduct, without success. The hospital also would not accept the body and it was kept in the hot sun for a long time. Police from Feroz Aabad station present at the hospital assured Baseer that all would be done to find his son’s killers. Baseer was forced to take the body home without a post-mortem, for funeral rites and later again tried to have a post-mortem done, but again without success. Soon after, the governor of the province also assured Baseer that his son’s killers would be found and that he and his family would be looked after.

Yet despite this according to the information I have received, the police and government authorities have failed to pursue the case seriously. Police later found blood stains in the building believed to be from his son, but these have not been used in evidence. The police also have changed their interpretation of the incident. The first police investigators began looking at the case as a murder but subsequently other police said that it was a suicide. Again after that more senior officers said that it was a murder. However, no progress has been made in the investigation.

Baseer and his family have received further threats since his son's death. When Baseer continued to pressure the police to properly investigate the killing, he was told by army officers to leave the matter and take care of his other son and daughter. Further, one month after Faraz’s body was found, Baseer’s other son was forcibly removed from his school bus and beaten by unknown persons. He was told at the end of his beating that he was to go home and tell his father “don’t go any further? Soon after this encounter, Baseer’s wife was also beaten in a marketplace and had her purse stolen. When she went to the police to report this and explained what had been happening to her family, the police officer told her that he would not lodge a First Investigation Report (FIR) on her behalf if this was the line of complaint she intended to pursue. An FIR was, therefore, never lodged.

Though the Pakistan Human Rights Commission has approached the government regarding this case, to date no action has been taken and no persons have been brought to justice for this heinous crime. The targeting and killing of Faraz was unquestionably a message to Baseer to stop protesting against the construction of the expressway. The repeated attacks against his other family members give support to this.

In light of the above, I write seeking your urgent intervention into this case. An independent and impartial enquiry must be conducted into Faraz’s death without delay. Arrests must then be made of those persons believed responsible for Faraz’s torture and death in order to bring the perpetrators of these crimes to justice. Of paramount importance is that full protection must be provided to Baseer and his family while investigations are underway, during the trial and if need be, after.

Baseer Naveed’s work as a human rights activist in Pakistan should in no way subject him or his family to threat and intimidation. When this does occur, it is the responsibility of the government and the police to ensure that no harm comes to him or his family. Faraz’s death demonstrates that such protection has not been provided and therefore the rights and safety of human rights defenders in Pakistan are not being ensured.

I look to your intervention in this matter.

Yours sincerely,

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PLEASE WRITE TO:

General Pervez Musharraf
President
Pakistan Secretariat
Islamabad
PAKISTAN
Fax: +92 51 922 4768, 92 51 920 1893 or 1853
E mail: CE@pak.gov.pk

PLEASE SEND COPIES TO:

1. Hon. Mr. Ishrat-ul- Ibad Khan
Governor
Government of Sindh
Governor House Karachi
PAKISTAN
Tel: + 92 21 9201201 ?3
E-mail: governor@governorsindh.gov.pk
???
2. Mr. Asad Jahangir
Provincial Police Officer, Sindh Police
Central Police Office Karachi
PAKISTAN
Tel: +92 21 9212626-7
Fax: +92 21 9212051

3. Mrs Saira Karim
Joint Secretary for Law, Justice and Human Rights
Islamabad
PAKISTAN
Tel: + 92 51 9202819
Fax: + 92 51 9203119

4. Islam Abad
President
Pakistan Bar Council
Supreme Court Building
3rd Floor, Block 1, Constitution Avenue
Islamabad
PAKISTAN
Tel: 0092 51 920 6805
Fax: 0092 51 920 6922

5. Mr. Mazhar Abbas
Secretary General
Pakistan Federal Union of Journalists
267, Sarwar Shaheed Road
Karachi
PAKISTAN
Tel: +92 21 5686910
Mob: +92 300 8294606
Fax: +92 21 5680762
E-mail: mazhar_abbas58@yahoo.com 

6. Ms. Hina Jilani
Special Representative of the Secretary General for human rights defenders
Att: Ben Majekodunmi
Room 1-040, c/o OHCHR-UNOG
1211 Geneva 10
SWITZERLAND
Tel: +41 22 917 93 88
Fax: +41 22 917 9006
E-mail: bmajekodunmi@ohchr.org

7. Mr. Ambeyi Ligabo
Special Rapporteur on the right to freedom of opinion and expression
Att: Ms. Julie De Riviero
Room: 3-042
C/o OHCHR-UNOG 1211
Geneva 10
SWITZERLAND
Tel: +41 22 917 9177
Fax: +41 22 917 9006 (general)

Thank you.

Urgent Appeals Program
Asian Human Rights Commission

Document Type :
Urgent Appeal Case
Document ID :
UA-129-2005
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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.