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PAKSITAN: Young mother sentenced to death

July 4, 2001

URGENT ACTION URGENT ACTION URGENT ACTION URGENT ACTION URGENT ACTION

ASIAN HUMAN RIGHTS COMMISSION - URGENT APPEALS PROGRAM

05 July 2001
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UA-21-2001 - Young mother sentenced to death

PAKISTAN: Denial of Right to Life, questions over fair trial and police brutality
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The latest UPDATE for this appeal is available at:
http://www.ahrchk.net/ua/mainfile.php/2001/142/
http://www.ahrchk.net/ua/mainfile.php/2001/126/

The military government of Pakistan plans to carry out the death sentence on Ms. Robina Khan, aged 22, on the 17th July. She will be killed by hanging, unless the President chooses to commute her sentence. She is being held at the Multan Women's Jail [First Incident Report no. 310, Factory area, Sargodha police station].

Ms. Khan is the mother of a 7 year-old daughter, and has been convicted for murder. She was pregnant at the time of her arrest but the pregnancy terminated, reportedly due to police torture while in custody. Ms. Khan's husband divorced her during the trial, leaving her with no means to continue her defence. Thus she had to rely on court-appointed lawyers for the remainder of the trial and the appeal process. The appeal process appears to be exhausted, and President Musharraf has so far refused to commute the death sentence.

We denounce the use of the death sentence in any circumstance, as it is a direct contravention of the most basic right of all - the right to life. However, in these circumstances, where the accused is a young mother, has faced brutal treatment and inadequate representation, and would leave behind a young daughter with no means of livelihood, the humanitarian and compassionate reasons for pardoning the sentence weigh as heavily as the extreme human rights violation.

SUGGESTED ACTION

Please write urgently to General Musharraf BY FAX AND EMAIL to plead for pardon for Ms. Khan, and also send a copy to the UN Special Rapporteur on Extrajudicial, Summary, or Arbitrary Executions to urge them to intervene.

SAMPLE LETTER

Dear Gen. Musharraf

I am writing to urge you to commute the death sentence that has been handed to Ms. Robina Khan [FIR No. 310, Factory area, Sargodha police station], who is currently imprisoned in Multan Women's Jail. Ms Khan is 22 years old, has a 7 year old daughter, has been divorced by her husband during the trial (leaving her with no means for proper defense), appears to have suffered torture in detention to such an extent as to cause the miscarriage of her second child, and is now due to be hanged on 17th July, leaving the daughter a virtual orphan.

I plead with you in the name of humanity, compassion and the most fundamental human rights to commute Ms. Khan's sentence. A death sentence can never be justified in circumstances where the accused has been treated with brutality and where there are serious misgivings about the ability of the accused to properly be defended. You have the power to protect the life of this young mother, and your compassion or lack thereof will be greatly remembered by the international community depending on your decision.

Yours sincerely
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SEND LETTERS - BY BOTH FAX AND EMAIL IF POSSIBLE - TO

General Pervez Musharraf
Chief Executive of Pakistan
Islamic of Republic of Pakistan
Prime Minister House, Islamabad,
Pakistan
FAX: +92 051 920-1893/1835 or 4632
EMAIL: CE@pak.gov.pk
Salutation: Dear General Musharraf

SEND COPIES TO
Ms. Asma Jahangir
Special Rapporteur on Extrajudicial, Summary, or Arbitrary Executions
c/o OHCHR-UNOG, 1211 Geneva 10, Switzerland
Fax: 41 22 917 9006
Email: webadmin.hchr@unog.ch
PLEASE MARK: FOR THE URGENT ATTENTION OF MS. JAHANGIR

Document Type :
Urgent Appeal Case
Document ID :
UA-21-2001
Countries :
Issues :
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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.