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PAKISTAN: Media personnel continue to be tortured and assaulted

June 23, 2006

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ASIAN HUMAN RIGHTS COMMISSION – URGENT APPEALS PROGRAMME

Urgent Appeal

23 June 2006
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UA-200-2006: PAKISTAN:  Media personnel continue to be tortured and assaulted

PAKISTAN: Disappearances; torture; illegal Judiciary
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Dear friends,

It is with much regret that the Asian Human Rights Commission (AHRC) writes to inform you of the continued torture and assault of journalists and media personnel in Pakistan, with a report of three further cases. 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.

Case One:

In March 2006, Mr. Mukesh Rupeta, a journalist and Mr. Sunjay Kumar, a cameraman, who were working with a private television channel disappeared after being arrested by the local police with regards to their filming for a documentary of Shehbaz air base located in Jacobabad in the interior of the Sindh province.  This base is generally being used by US forces following September 11 2001.

On 21 June 2006 Geo Television, a popular channel, broadcasted a detailed programme on Mr. Mukesh Rupeta with regards to his disappearance and his arrest.  The spokesperson for Geo released a statement that the only available report issued with regard to Mr. Rupeta was that he had been arrested by the authorities and would be released as soon as their interrogation with military officials was over.  The Home Minister of Sindh government had told the government that he had no information as to the whereabouts of the two men. This resulted in concern expressed by the International Federation of Journalists, following which there were large scale protests organized not only by Pakistani Media Organizations and journalists but also from other Human Rights bodies and international journalist organizations.

On June 22 after three and a half months, Mr. Rupeta and Mr. Kumar, in a severe condition reappeared when the Army handed over the men to the Jacobabad police station.  The two men were then produced before a civil court of Jacobabad before being remanded in prison.

When the relatives of Mr. Rupeta and Mr. Kumar were allowed to see the men for a moment, it is reported that they were unable to recognize them due to the severe torture that has been inflicted on the men by the military. Due to the circumstances, the conditions did not enable the relatives to talk with the men, with the only information revealed that the two men had been kept blindfolded for their captivity whilst being severely tortured. The two men were able to convey that they had been kept in several places but as they were unable to open their eyes these places are unknown.

Mr. Ruperta and Mr. Kumar are now facing charges by the report of the Jacobabad station house officer, under sections 464/465/471 with regards to their filming of the Shehbaz air base and the production of false documents.

As a result of the protests taking place with regards to the disappearances of Mr. Rupeta and Mr. Kumar as well as the killing of two journalists Mr. Jayat Ullah and Munir Sangi, a police baton has now instigated charges against journalists in Ghotki, Sindh province.

Case Two:

On June 6, Mr. Sarmad, a journalist for the Sindhi language television channel, Sindh TV was seriously injured by people associated with Mr. Sohrab Sarki, provincial minister of Sindh and Mr. Hazar Khan Bijarani, a member of the National Assembly opposition party, Pakistan Peoples Party.

Mr. Samad was the first journalist to report in detail about the holding of "Jirga", an illegal judicial system run by feudal lords of the area. Mr. Samard, had released to the media the outcome of a twelve year old murder case that had been decided by the “Jirga” system. The verdict given by the “Jirga” system, under the feudal lords and district Nazim (Mayor) of Jackobabad had seen the murderers were to hand over five minor girls not exceeding the age of ten years to the members of the deceased family as compensation. In addition, they were to pay seven hundred thousand rupees in cash. Through Mr. Samad’s report this was carried through newspapers and electronic media which infuriated the landlords and political personnel of the Sindh Province. 

Dr. Arbab Rahim, the Chief Minister of Sindh resultantly initiated an inquiry into the matter; however this was also through the “Jirga” system. No action was taken as the Chief Minister’s own party Provincial Minister and Local Mayor had been involved in the illegal court. However, a campaign against Mr. Hazar Khan Bijarani, the member of the National Assembly opposition party has since started. 

Meanwhile, the office of Sindh TV in Thul, Jacobabad was ransacked and all equipment was broken. Mr. Sarmad was also dragged out of the office and severely beaten. Sindh TV has since closed down their office in Jacobabad and recalled their representative back to Karachi.

In 2002, the “Jirga” system had been declared by the Sindh High Court as illegal and against the constitution.

Case Three:

On June 12, Paryal Dayo, a journalist was seriously injured when a police constable Mr. Gulshan Mako fired shots at him with a kalashnikov rifles in the presence of some police persons and some alleged criminals of the area.

Mr. Paryal Dayo is working for a Sindhi Language television channel KTN TV in Pano Qil Abd Sukkur district. Through his work, he was reporting about the activities of criminal persons and their nexus with the police, and his work was gaining popularity with other TV channels and journalistic mediums.

My Paryal Dayo was seriously injured in the attack, and is currently being hospitalized in Sukkur District hospital.

This was the same television station that had recently lost Mr. Sangi a reporter who had been killed by a provincial minister.

SUGGESTED ACTION:

Please send your appeal letters to the central and local government authorities of Pakistan and urge them to take action on the deteriorating situation with regards to the Rule of Law in the country.  Please urge them to intervene in these three cases, and to ensure that proper, fair and speedy investigations are conducted into each of these incidents of torture and assault.

Automated email letters can be sent by the AHRC Urgent Appeals on-line support system. To support this appeal please refer to http://www.ahrchk.net/support.php?ua=UA-200-2006. For those contacts without an email address, we ask that you still write a letter and post or fax this. If you have any problems or questions using this system, please feel free to contact us at ua@ahrchk.org.

Suggested letter:

Dear _________,

PAKISTAN:  Media personnel continue to be tortured and assaulted

Case One:
Name of victim: Mr Mukesh Rupeta, journalist and Mr. Sunjay Kumar, cameraman
Date of incident: March-June 2006

Case Two:
Name of victim: Mr. Sarmad, journalist
Place of incident: Thul, Jacobabad, Singh Province
Date of incident: June 6 2006

Case Three:
Name of victim: Mr. Paryal Dayo, journalist
Name of alleged perpetrators: Mr. Gulshan Mako, police constable
Place of incident:  Pano Qil Abd Sukkur district
Date of incident: June 12 2006

I have recently learned of three new cases of torture and assault against media personnel in Pakistan and am writing to express my deep concern with regards to the deteriorating situation in Pakistan with regards to the commitment to respect human rights and fundamental freedoms

Case One:

Mr. Mukesh Rupeta, a journalist and Mr. Sunjay Kumar, a cameraman disappeared in March 2006 when they were filming a military base in order to make a documentary. After three and a half months of not knowing their whereabouts and governmental denial of such fact, the two men have reappeared but are in a severe condition due to having been tortured. The relatives of Mr. Rupeta and Mr. Kumar were allowed to see the men for a moment, however it is reported that they were unable to recognize them due to the severe torture that has been inflicted on the men by the military. Due to the circumstances, the conditions did not enable the relatives to talk with the men, with the only information revealed that the two men had been kept blindfolded for their captivity whilst being tortured. They have since been produced before a civil court of Jacobabad under charges according to sections 464/465/471 and are currently in prison remand. 

Case Two:

On June 6, Mr. Sarmad, a journalist of Sindh TV was seriously injured after he had issued reports on the illegal “Jirga” judicial system being instituted in Thul, Jacobabad; the office of Sindh TV was also ransacked with all equipment broken.  The attack was done by people associated with Mr. Sohrab Sarki, provincial minister of Sindh and Mr. Hazar Khan Bijarani, a member of the National Assembly opposition party, Pakistan Peoples Party.

Mr. Samard, had released to the media the outcome of a twelve year old murder case that had been decided by the “Jirga” system. The verdict given by the feudal lords and district Nazim (Mayor) of Jackobabad had seen the murderers hand over five minor girls not exceeding the age of ten years to the members of the deceased family as compensation. In addition, they were to pay seven hundred thousand rupees in cash. Through Mr. Samad’s report this was carried through newspapers and electronic media which infuriated the landlords and political personnel of the Sindh Province. 

Dr. Arbab Rahim, the Chief Minister of Sindh resultantly initiated an inquiry into the matter; however this was also through the “Jirga” system. No action was taken as the Chief Minister’s own party Provincial Minister and Local Mayor had been involved in the illegal court. However, a campaign against the Mr. Hazar Khan Bijarani, the member of the National Assembly opposition party has since started. 

All this has taken place despite that in 2002, the “Jirga” system had been declared by the Sindh High Court as illegal and against the constitution.

Case Three:

On June 12, Paryal Dayo, a journalist for KTN TV in Pano Qil Abd, Sukkur district was seriously injured when a police constable Mr. Gulshan Mako fired shots at him in the presence of other police officers and alleged criminals of the area. Mr. Dayo had been reporting about the activities of criminal persons and the nexus with the police. His work had been gaining popularity within journalistic mediums. Mr. Dayo is currently being hospitalized.

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 re-establish the rule of law in the country.  Intervention must be afforded to investigate and bring to an end to the committing of such torture and assault, which are grave crimes 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: (please see - http://www.presidentofpakistan.gov.pk/WTPresidentMessage.aspx)

2. Mr. Ashfaq Gondal
Principal Information Officer to President of Pakistan
President Secretariat
Islamabad
PAKISTAN
Fax: + 92 51 927 008

3. 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

4. Mr. Justice Iftekhar Choudhry
Chief Justice of Pakistan
Supreme Court building
Islam abad
PAKISTAN
Fax: + 92 51 921 3452

5. Mr. Justice Sabih Uddin
Chief Justice of Sindh High Court
High Court Building
Saddar
Karachi
PAKISTAN
Fax: +92 21 921 3220
Email: info@sindhhighcourt.gov.pk

6. Mr. Ishrat-ul- Ibad Khan
Governor
Government of Sindh
Governor House Karachi
PAKISTAN
Tel: + 92 21 920 1201
Email: C/o mlty_secretary@governorsindh.gov.pk

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

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

9. Mr. Ambeyi Ligabo
Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression
Attn: J Deriviero
OHCHR-UNOG
1211 Geneva 10
SWITZERLAND
Tel: +41 22 917 9177
Fax: +41 22 917 9006 (ATTN: SPECIAL RAPPORTEUR FREEDOM OF EXPRESSION)
Email: jderiviero@ohchr.org / urgent-action@ohchr.org 

Thank you.

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

Document Type :
Urgent Appeal Case
Document ID :
UA-200-2006
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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.