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PAKISTAN: A group of human rights defenders charged with sedition in Shikarpur

November 1, 2004

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ASIAN HUMAN RIGHTS COMMISSION - URGENT APPEALS PROGRAM

1 November 2004
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UA-146-2004: PAKISTAN: A group of human rights defenders charged with sedition in Shikarpur

PAKISTAN: Human rights defenders; Sedition charges
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Dear Friends,

The Asian Human Rights Commission (AHRC) has received information regarding approximately 50 civil activists who were charged with sedition against the State by the police after they held a protest at the Lakhi Gate Tower Ghowk on 17 October 2004. The protesters gathered at the Lakhi Gate Tower Ghowk to express their concern over growing insecurity of life and property due to deteriorating law and order in Shikarpur district.

The reason of their charges described in the First Investigation Report (FIR) registered by the police is that the protesters were involved in "inciting the people against the provincial and district administration and spread hatred against the government" through delivering speeches during their protest. If the court convicts the charged activists, they can be sentenced to a minimum of ten-year imprisonment or a maximum of death sentence. In several Asian countries, sedition charges have been used as a legal weapon to deny, rather than protect, people's rights.

The AHRC calls for your urgent intervention into this case. Please urge the local authorities to withdraw sedition charges against the concerned civil activists and respect their right to freedom of assembly and expression.

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

About 50 people belonging to various political and civil organizations, who participated in a protest at the Lakhi Gate Tower Ghowk, were charged with sedition by the police on 17 October 2004.

At about 5:30pm on 17 October 2004, representatives of political parties, trade, business, social and city associations and Hindu Panchayat, attended the protest at the residence of Mian Zafar Ali Alvi, former vice-president of the Shikarpur Chamber of Commerce and Industry in the wake of the killing of a 15-year-old minority boy, Sandeep Kumar Hindu, by three bandits. The boy was murdered on the way to the temple for praying and none of the culprits have yet been arrested by the police.


During the protest, the participants criticized the police inaction regarding the above case, and also expressed their concern over growing insecurity of life and property due to deteriorating law and order in Shikarpur district. Several persons urged in their speeches the Chief Minister of Sindh province and the provincial police chief to take strong action to protect the citizens' security and their properties. According to the local human rights organizations, 17 persons have been kidnapped and numerous robberies, burglaries and thefts have also been reported in Shikarpur in only the last month.

After the speeches, the protesters blocked the road for about 30 minutes and continued their sit-in protest, whilst some angry protesters burned tires on the road. Meanwhile, when the police failed to disperse the protesters by way of negotiation, the District Police Officer (Operations) Mr. Khameeso Khan Memon then ordered the Station House Officer (SHO) of Lahi Gate police station, Wasim Mira, to register a First Investigation Report (FIR) against all the protesters on the part of the State invoking the sections of sedition against State. In the FIR (No. 62/2004 under Section 24-A, 341, 147, 149, 34 of PPC), the police mentioned that the protesters were involved in "inciting the people against the provincial and district administration and spread hatred against the government" through delivering speeches during their protest.

A list of the persons who were charged in the FIR is below.

1. Naveed Alam Abro (Task Force); released on bail
2. Mian Zafar Ali Alavi (Task Force); released on bail
3. Younis Phulpoto (SNA); released on bail
4. Hadi Bux Malik (PML-N); released on bail
5. Saeed Ahmed Soomro (AT); released on bail
6. Sanhiro Khan Brohi alias Allahwaraya (PYO); released on bail
7. Fahad Memon; has gone underground
8. Barkat Ali Bhutto (PPP); has gone underground
9. Nadeem Memon; released on bail
10. Gulzar Brohi; has gone underground
11. Imran Mirani; has gone underground
12. Naseem Samon; has gone underground
13. Naseer Ahmed Mangi (JSM-Z); released on bail
14. and 40-50 others (all social workers), whom the police believe they can recognize on seeing

The local human rights groups reported that the police have failed to prove the allegations with solid evidence in the above cases, however, if the court was to convict the above people, they can be sentenced to a minimum of ten-year imprisonment or a maximum of death sentence. In particular, the human rights groups argue that as the police have listed 40-50 anonymous persons in the FIR, they could arrest anyone at anytime on this ground only. They added that due to this fact, a wave of fear has already been spread among the social activists and their activities have become atrophied.

The AHRC is deeply concerned that the action taken by the Shikarpur district police against protesters violates the protesters' freedom of expression under its Constitution and Articles 18, 19 and 26 of the International Covenant on Civil and Political Rights (ICCPR), which guarantee the freedom of expression and assembly.


The AHRC is particularly concerned that the offences such as sedition, which are referred to with ambiguity, have allowed the government to use the law as a legal weapon to deny, rather than protect, people's rights in several Asian countries. In this case, if the protesters are convicted under the sedition against the State, it will legitimate the use of the judicial system in Pakistan as a means to silence public dissent and further intimidate Pakistan's civil sector.


Therefore, the AHRC strongly urges the local authorities to withdraw sedition charges against the above civil activists and respect their right to freedom of assembly and expression. In any circumstances, t

o raise voices against misuse of the law and its inability and to demand that it be brought back on track cannot be the basis for sedition charges.

SUGGESTED ACTION:
Please send a letter, fax or email to following addresses and express your concern about this case.

Sample letter:

Dear ________,

Re: PAKISTAN: A group of human rights defenders charged with sedition in Shikarpur

It has come to my attention that about 50 civil activists have been charged with sedition by the the Station House Officer (SHO) of Lahi Gate police station, Wasim Mira, after they held a protest at the Lakhi Gate Tower Ghowk in Shikarpur district, Sindh province on 17 October 2004 (FIR No. 62/2004 under Section 24-A, 341, 147, 149, 34 of PPC).

Even though the protesters merely expressed their concern over rapidly growing criminal activities in the area and urged the district and provincial authorities to take appropriate action on this matter, the police charged them because their speeches said to be "inciting the people against the provincial and district administration and spread hatred against the government".

This act taken by the police is in clear violation of its domestic Constitution and Articles 18, 19 and 26 of the International Covenant on Civil and Political Rights (ICCPR), which guarantee the freedom of expression and assembly. In addition, if the concerned people are convicted under sedition against the State, it will legitimate the use of the judicial system in Pakistan as a means to silence public dissent and further intimidate Pakistan's civil sector.

I am further concerned by the fact that the police have also charged 40-50 anonymous people with the same sedition charges. Charges against unidentified people is strictly against the principles of law, and it can allow the police to use intimidation against any persons whom they do not like.

Therefore, I strongly urge you to take prompt and appropriate action to withdraw all the charges against the concerned persons including those unidentified persons, and respect their right to freedom of assembly and expression. The government of Pakistan must stop using sedition charges as a legal weapon to deny people of their rights.

Yours truly,


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SEND A LETTER TO:

1. General Pervez Musharraf
President
Pervez Musharraf, Pakistan Secretariat,
Islamabad
PAKISTAN
Fax: +92 51 922 4768/ 920 1893 or 1835

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

3. Mr. Ishrat-ul-Ibad Khan
Governor
Government of Sindh Province
Governor House
Karachi
PAKISTAN
Tel: +92 21 9201201-3
Fax: +92 21 9205043
E-mail: governor@governorsindh.gov.pk

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

5. Mr. Saleem Lone
Regional Police Officer
Sukkur Region
Airport Road Sukkur
PAKISTAN
Tel: +92 71 30547, 30248
Fax: +92 71 31824

6. Mr. Khameeso Khan Memon
DPO District Shikarpur
Police Head Quarters Shikarpur
Sindh Province
PAKISTAN
Tel: +92-761-515077, 512309
Fax: +92-761-512369

7. Mr. Muhammad Ramzan Channa
Deputy Inspector General (DIG)-Operations
Sukkur Region-Sukkur
PAKISTAN
Tel: +92 71 9310548-9
Fax: +92 71 9310550

8. 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:?lt;/strong>bmajekodunmi@ohchr.org


Thank you.

Urgent Appeals Programme
Asian Human Rights Commission (AHRC)
Document Type :
Urgent Appeal Case
Document ID :
UA-146-2004
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.