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PAKISTAN: Two members of the Jeay Sindh Quomi Mahaz Nationalist Party abducted in the latest report of forced disappearance

May 25, 2006

URGENT APPEALS URGENT APPEALS URGENT APPEALS URGENT APPEALS

ASIAN HUMAN RIGHTS COMMISSION - URGENT APPEALS PROGRAMME

Urgent Appeal

25 May 2006
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UA-169-2006: PAKISTAN: Two members of the Jeay Sindh Quomi Mahaz Nationalist Party abducted in the latest report of forced disappearance

PAKISTAN: Forced disappearance; absence of effective investigation; impunity; collapse of rule of law
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Dear friends,

The Asian Human Rights Commission (AHRC) is alarmed by the continuing reports of forced disappearances of political activists with the latest incident involving two members from the Jeay Sindh Quomi Mahaz Nationalist Party. The persistent practice of such acts undermines the deepest values of commitment to respect human rights and fundamental freedoms. Intervention must be afforded to investigate and bring to an end this grave crime against humanity.

The latest disappearance took place on 16 May 2006. Two activists of the Nationalist Party, Jeay Sindh Quomi Mahaz were arrested by a group of six to eight officers in civilian clothes at 7.30 pm near the Sarmad Hotel, Chandia Goth. Several witnesses were present and enquired about the arrest, the officials declared that they were from the Qaisabad Police and that Mr. Sikander (alias Aakash Mallah s/o Mohammad Siddiq r/o B3 Maari Garden Qasimabad) and Mr Manjhi Khan (s/o Dhani Bux r/o Chandia Goth near Happy Homes Qasimabad) were wanted for investigation relating to the protest and demonstration against the construction of the Kala Bagh Dam. Four people amongst the crowd followed the police vehicle and found that the two activists were being taken to the Hyderabad Sindh, a renowned military cantonment for torture and killings. Since the incident the two activists have not been seen and the Qasimabad Police has denied all knowledge of the arrest.

The AHRC has been closely monitoring the situation in Pakistan and this is by no means an isolated case (See further UA-132-2006; UG-003-2006; UA-49-2004 and FA-05-2003). In a statement issued by the Human Rights Commission of Pakistan on 23 May 2006, it was stated that intelligence agencies have been playing a part in the kidnapping of nationalist leaders and students from the Sindh and Blochistan provinces with more than 57 people still reported missing.

BARCKGROUND:

There have been several reported disappearances of politicians from the same nationalist party (See UA-132-2006). The General Secretary of Jeay Sind Qaumi Mahaz, Dr. Safdar Sarki has been missing since 24 February 2006 following an arrest by the Deputy Superintendent of Police (DSP) of Karachi. When the case reached the division bench of the Sindh High Court, the bench was informed that the federal government had neither arrested nor kept Dr. Safdar in custody. The Sindh Police and the Ministry of Defence likewise denied any involvement in detaining Dr. Safdar. However the petitioner counsel maintains that Dr. Safdar was initially picked up by the police and subsequently handed to military agencies. To date Dr Safdar’s whereabouts still remain unknown and no further investigation has been made to look into the matter.

The Jeay Sindh Qaumi Mahaz Party further claims that 15 of its activists including three office bearers have been missing for more than a year following similar arrests. Two Sindhi journalists, Mr. Abdul Sattar Heckrho and Mr. Muzzafar Bhutto, have been missing for periods of nine months and one year respectively and it is believed that it is unlikely they would still be alive.

SUGGESTED ACTION:

Please send your appeal letters to the central and local government authorities of Pakistan and urge them to locate the whereabouts of the missing members from the Jeay Sindh Qaumi Mahaz party and push for their release immediately. Please also write to the relevant UN agencies listed below and request them to pressure the Government of Pakistan to intervene in this matter.

Suggested letter:

Dear _________,

PAKISTAN: Two members of the Jeay Sindh Quomi Mahaz Nationalist Party abducted in the latest report of forced disappearance

Names of disappeared victims: Mr. Sikander (alias Aakash Mallah s/o Mohammad Siddiq r/o B3 Maari Garden Qasimabad) and Mr Manjhi Khan (s/o Dhani Bux r/o Chandia Goth near Happy Homes Qasimabad)
Name of alleged perpetrators: The Qaisabad Police
Date of incident: 16 May 2006
Place of incident: Near the Sarmad Hotel, Chandia Goth

I have recently learned of the disappearances of political activists, Mr. Sikander and Mr. Manjihi following an arrest made by the Qaisabad Police officials on 16 May 2006. According to the statements made by witnesses the two were taken to the Hyderabad Sindh military cantonment and have since been missing. Following an inquiry as to the whereabouts of both Mr. Sikander and Mr. Manjihi, the Qasimabad Police has denied all knowledge of the arrest.

I have been closely monitoring the situation in Pakistan and this is by no means an isolated case. The Jeay Sindh Qaumi Mahaz Party claims that 15 of its activists including three office bearers have been missing for more than a year following similar arrests. Two Sindhi journalists, Mr. Abdul Sattar Heckrho and Mr. Muzzafar Bhutto, have been missing for periods of nine months and one year respectively and it is believed that it is unlikely they would still be alive. You have likewise been made aware of the case relating to Dr. Safdar Sarki’s disappearance who has been missing since February 24 and to date the case still remains unresolved.

The government has continually failed to properly address the disappearances of members of the Nationalist Party, Jeay Sindh Qaumi Mahaz. The high incidence of disappearance is truly concerning and it would seem that there runs a wider campaign acting to remove political oppositions. The inaction of the government not only constitutes tacit approval to the disappearances of these people but may also be seen as granting impunity with which police can act.

It is worrying to learn that law enforcement officials have been directly involved in these arrests and the systematic nature of implementation has made a mockery of the Pakistan constitution. Owing to this I strongly urge the government to exhaust all means to locate disappeared victims from the Nationalist Party. Intervention must be afforded to investigate and bring to an end this grave crime against humanity.

I trust that you will take immediate action in these cases.

Yours sincerely,
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PLEASE SEND YOUR LETTERS TO:

1. General Pervez Musharraf
President
President’s Secretariat
Islamabad
PAKISTAN
Fax: +92 51 922 1422, 4768/ 920 1893 or 1835
Email: CE@pak.gov.pk 

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. Justice Iftekhar Choudhry
Chief Justice of Pakistan
Supreme Court building
Islam abad
PAKISTAN
Fax: + 92 51 9213452

4. Mr. Justice Sabih Uddin
Chief Justice of Sindh High Court
High Court Building
Saddar
Karachi
PAKISTAN
Fax: +92-21-9213220
Email: info@sindhhighcourt.gov.pk

5. Mr. Ishrat-ul- Ibad Khan
Governor
Government of Sindh
Governor House Karachi
PAKISTAN
Tel: + 92 21 920 1201
Email: governor@governorsindh.gov.pk

6. Dr. Arbab Abdul Rahim
Chief Minister of Sindh
Chief Minister House
Karachi
PAKISTAN
Fax 92 21 9202000

7. Mrs. Saira Karim
Joint Secretary for Law, Justice and Human Rights
Islamabad
PAKISTAN
Tel: + 92 51 920 2819
Fax: + 92 51 920 3119

Thank you.

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

Document Type :
Urgent Appeal Case
Document ID :
UA-169-2006
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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.