PAKISTAN: Police deny registering the case of disappearance

ASIAN HUMAN RIGHTS COMMISSION - URGENT APPEALS PROGRAMME

Urgent Appeal Case: UA-232-2007
ISSUES: Enforced disappearances and abductions, Impunity, Judicial system, Rule of law,

Dear friends,

The Asian Human Rights Commission (AHRC) has received information that the police have refused a the case of a young man who disappeared, at a government hospital since it happened. The hospital also denied providing the man’s medical report to the family. It is alleged that he was killed in the hospital prison and his body was thrown into the river.

CASE DETAILS: (based on the testimony from the father of the disappeared)

According to the information received, Mr. Mohammad Rafiq was recruited in Sindh Police in June 1994, as a Constable and was deputed in District Sanghar, Sindh province. He was transferred to Karachi, the capital of the Sindh province in 1997. Following year, in 1998 he became mentally ill and was sent to the Police Hospital in Karachi for his treatment due to the instruction of Mr. Aziz-ur-Rehman, Senior Superintendent of Police (SSP) of District East Karachi on August 8, 2002.

After some days in hospital the medical superintendent referred Mr. Rafiq to the Civil Hospital in Karachi; a federal government hospital, where he was continuously under treatment. During this period Mr. Mohammad Ranjha, Deputy Superintendent of Police (DSP) stopped his salary by the means of a letter dated September 30, 2003, whereas Superintendent of Police Hospital reminded police officials of District East, Karachi that the patient was still undergoing treatment.

Mr. Rafiq’s father wrote of the whole situation to Mr. Aziz-ur-Rehman asking for payment of Mr. Rafiq’s salary. However, Mr. Aziz-ur-Rehman threatened him and refused to restore the salary. Sindh District East police conducted a departmental inquiry when Mr. Rafiq was not able to be present because he was admitted in hospital. After a one-sided inquiry, the District East police terminated his duty. Mr. Rafiq’s condition was deteriorating and he was admitted in C.J. Institute of Psychiatry Hyderabad, which is commonly known as ‘Giddo Hospital’ on April 14, 2004.

On the 15th May 2004 when the father of Mr. Rafiq went to see his son at Giddo hospital he was told that Mr. Rafiq had been transferred to another ward, Number 11 B on May 12, and the very next day he went to the ward however, he couldn’t find his son. When the father went to see Dr. Aslam Pervez, the doctor in charge of hospital-cum-prison, had mistreated Mr. Rafiq’s father and denied to provide any information about his disappearance. The Medical Superintendent of hospital, Dr. Mohammad Qasim Soomro, even threatened Mr. Rafiq’s father, ordering him to leave hospital as quickly as possible otherwise he would be arrested and put behind bars.

After not finding him in the hospital, Mr. Rafiq’s family started searching for him and his father approached the District Police Officer (DPO) Hyderabad city, DSP in Saddar Police Station Hyderabad and Station Head Office (SHO) in Hussainabad Police Station, Hyderabad to enter his First Information Report (FIR), but it was not registered since the incident occurred. He then approached a Chief Minister of Sindh, Inspector General of Sindh and other higher authorities, but no one has initiated any inquiry into the case of his son’s disappearance.

The Director of Health of the Sindh province, Mr. Hadi Bux Jatoi, was approached by his provincial minister to inquire about the incident, but it was never materialized by the Secretary of Health. The police station of the concerned area was approached by several government offices, including provincial Ombudsman, but all the time, the police refused to register the case of Mr. Rafiq’s disappearance.

SUGGESTED ACTION: 
Please write a letter to the concerned authorities and demand them to start an  inquiry in the case of a missing person and also ask them to provide the medical report to the family. Please also ask them to register the FIR so that the police are able to investigate in this case without delay.

To support this case, please click here: SEND APPEAL LETTER

SAMPLE LETTER

Dear. ____________

PAKISTAN: Police deny registering the case of disappearance

Name of victim: Mr. Mohammad Rafiq s/o Mhammad Hashim Baloch, resident of Goth Daud, Shoro Chowkundi, Bin Qasim Town, District Malir, Karachi- Pakistan 
Names of alleged perpetrators: 
1. District Police Officer (DPO) Hyderabad city 
2. Deputy Superintendent of Police (DSP) in Saddar Police Station 
3. Station Head Office (SHO) in Hussainabad Police Station 
4. Dr. Mohammad Qasim Soomro, Ex- Superintendent of SIR C.J. Institute of Psychiatry, Hyderabad, Known as Giddo Hospital Hyderabad, Sindh province  
5. Mr. Hadi Bux Jatoi, Director Health, ministry of heath, Sindh government 
6. Dr. Aslam Pervez, In charge of ward 11, Giddo Hospital, Hyderabad 
Place of disappearance: Civil hospital in Karachi, known as Giddo hospital, Hyderabad 
Date of the incident: 16 May 2004

I am writing to express my serious concern of the disappearance of Mr. Muhammad Rafiq from a federal mental hospital, especially the government’s reluctance to launch in investigation into the incident.

According to the information I have revieved, Mr. Mohammad Rafiq, a policeman in the Sindh province, became mentally ill and was ordered by Mr. Aziz- ur- Rehman, Senior Superintendent of Police (SSP) on August 8, 2002, to report to the Police Hospital in Karachi for treatment. After some days in hospital the medical superintendent referred him to the Civil Hospital in Karachi, a federal government hospital, where Mr. Rafiq was continuously under treatment.

During this period Mr. Mohammad Ranjha, Deputy Superintendent of Police (DSP), stopped the salary of victim by vide letter dated September 30, 2003, because the patient was still undergoing treatment. Mr. Rafiq’s father wrote of the whole situation to SSP District East Karachi asking for payment of Mr. Rafiq’s salary. However, Mr. Aziz-ur-Rehman threatened him and refused to restore the salary. Sindh District East police conducted a departmental inquiry when the patient was not able to present because he was admitted in hospital. After a one-sided inquiry, the District East police terminated his duty. Mr. Rafiq’s condition was deteriorating and he was admitted in C.J. Institute of Psychiatry Hyderabad, commonly known as Giddo Hospital, on April 14, 2004.

On 15 May 15 2004 when father of the victim went to see his son at Giddo hospital he was told that Mr. Rafiq had been transferred to another ward, Number 11 B on May 12, and very next day he ran away through a door and since then his whereabouts have remained unknown.

The doctor in charge of hospital-cum-prison, Dr. Aslam Pervez, refused to release Mr. Rafiq’s medical records to his family. His father was even threatened by the Medical Superintendent of hospital, Dr. Qasim Soomro, and ordered to leave hospital otherwise he would face arrest.

I am appalled by the fact that the police have not launched any action into Mr. Rafiq’s whereabouts. When Mr. Rafiq’s family started searching for him after discovering that he was missing from the hospital, his father attempted to file an FIR, but it was not recognized by the police. He then approached the Chief Minister of Sindh province, Inspector General of Sindh and other higher authorities, but no one has initiated any inquiry into the case of the disappearance of a patient from the hospital-cum-prison. The Director of Health of the Sindh province, Mr.Hadi Bux Jatoi, was approached by his provincial minister to inquire about the incident, but it never materialized by the Secretary of Health. The police station of the concerned area was approached by several government offices, including provincial Ombudsman, but all the time, the police refused to register the case of Mr. Rafiq’s disappearance.

In light of above, I therefore, urge you to conduct legal and disciplinary action against those responsible who have refused registering the FIR from the family of the Mr. Rafiq. Since no investigation into this case has been conducted, I urge the authorities to open this case without delay. The alleged perpetrators should be subjected to suspension or reassignment during the process of investigation if there is a risk that the perpetrators might impede the investigation. I further urge you that the family of the disappeared must be actively involved in the whole process of investigation. The medical report of Mr. Rafiq must be released to the family as well.

I look forward to your urgent intervention into this matter.

Yours sincerely,  

—————- 

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 
E-mail: (please see – < http://www.presidentofpakistan.gov.pk/WTPresidentMessage.aspx)

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

4. Dr. Ishrat UL Ibad  
Governor of Sindh province 
Karachi 
PAKISTAN 
Tel: + 92 21 920 1201
Fax: + 92 21 920 5043

5. Chief Secretary 
Government of Sindh 
Chief Secretariat,  
Karachi, Sindh province  
PAKISTAN 
Tel: +92 21 921950 
Fax: +92 21 9211946 
Email: cs.sindh@sindh.gov.pk

6. Secretary  
(Criminal Prosecution) SGA &CD Department 
Government of Sindh  
Sindh Secretariat 
Karachi 
Sindh Province  
PAKISTAN 
Email: secy.cpsd@sindh.gov.pk

7. Secretary of Local Government abd Katchi Abadis 
New Secretariate,
Government of Sindh Karachi,
Sindh province 
PAKISTAN 
Tel: +92 21 921 1921 
Fax: +92 21 9212977 
E-mail: secy.lg@sindh.gov.pk

8. Dr. Faqir Hussain 
Registrar  
Supreme Court of Pakistan 
Supreme Court Building  
Islamabad 
PAKISTAN 
Tel: +92 51 9213770
Fax: +92  51 9220406
E-mail: registrar@supremecourt.gov.pk

9. Mr. Santiago Corcuera Cabezut 
Chairperson 
UN Working Group on Enforced or Involuntary Disappearances 
OHCHR-UNOG 1211 Geneva 10 
SWITZERLAND 
Tel: +41 22 917 9176 
Fax: +41 22 917 9006 (ATTN: WORKING GROUP ENFORCED DISAPPEARANCES) 

Thank you 

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

Document Type : Urgent Appeal Case
Document ID : UA-232-2007
Countries : Pakistan,
Issues : Enforced disappearances and abductions, Impunity, Judicial system, Rule of law,