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PAKISTAN: Torture and inhuman treatments to eight detainees falsely charged by the police

August 9, 2007

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ASIAN HUMAN RIGHTS COMMISSION – URGENT APPEALS PROGRAMME

Urgent Appeal

9 August 2007
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UA-249-2007: PAKISTAN: Torture and inhuman treatments to eight detainees falsely charged by the police

PAKISTAN: Torture; false charges; child abuse; honour killing
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Dear friends,

The Asian Human Rights Commission (AHRC) writes to inform you about the torture and inhuman treatment of eight persons by the police in Khaipure Mirs District, Sindh.  The police tied the detainees with ropes and chains around their necks. The detainees were also forced to bark like dogs and bite each other like wild bears; if they refused, they would be beaten.

CASE DETAILS:

On July 15, Hosat (15) runaway from her parents' house because she was repeatedly physically abused by her parents. In several occasions, she had been beaten and tortured because she went out to play with her friends. Her father, Syed Mohammad Ali Shah, is a prominent landlord. He had links with other influential persons and a close aid of Pir Pagara, a prominent religious figure in Pakistan and friend of President General Musharraf.

Hosat was wearing men's clothes when she left her parent's home in Nara village, Khaipure Mirs District, Sindh. She wore men's clothes to avoid being identified, fearing that she would be sent back to her parents. When she reached a highway, she met Ali Gohar, a farmer and a tractor driver. Hosat then asked Gohar to take her to the district court. When Hosat told him that she was a girl, Gohar instead took her to the Gaindaho police post Kot Deji, and turned her over to the police.

Gohar turned Hosat over to Abdul Qadir, deputy superintendent of police (DSP) of the said police station. Asghar Sanjwani, station head office (SHO) of Gaindaho Police Station and Mohammad Khan Siyal, SHO Swarah of Police Station, Khaipure Mirs District, were also there. Hosat shouted loudly and cried, fearing that she would be sent back to her parents and she would be killed. After the police officers took custody of her, they allowed Gohar to go home.

On July 22, police arrested Gohar and seven other persons, for charges of theft of motorcycle. The complaint was filed by Shah. Those arrested together with Gohar were: Ghulam Murtaza Bhanbhro, Ahmed Ali, Manzoor Hussain, Peerano Rajar, Sobho Bhanbhro, Ali Khan Bhanbhro and Meer Hassan. One of them, Bhanbhro, is a government engineer working on oil and gas field. He was arrested at his workplace. The Swarah police allegedly forced them to confess. The police also said they were among the 13 suspects in the complaint.

While in police custody, it is reported that Shah lodged another complaint for the murdering her daughter, Hosat, against the eight persons. But according to the relatives of the girl and reports from various local newspapers, her own parents could have murdered Hosat or she could have committed suicide. Her body was buried one or two days before the arrest. The police however allegedly tortured the eight persons to confess the murder.

On July 25, the eight persons were transferred to the Kot Deji police station. While in police custody, they were forced to strip naked in the detention center, and were severely tortured. The police officers, DSP Chachar, SHO of Kot Deji and Akbar Channa, allegedly forced them to act like dogs and bears. The police tied ropes and chains around their necks. They also ordered them to bark loudly and bite each other like wild bears. The police hit them with iron rods, boots and leather whips, and pounded their heads into the walls when they refused.

On August 4 at the Kot Deji police, it is reported that Shah filed another complaint for the alleged rape of his daughter against the victims, despite he had already filed a complaint of murder against the 8 persons and her daughter was buried. On August 6, Shah produced a girl in court, whom he claimed to be his daughter and a victim of rape. But Ali Gohar told the court she was not the same girl he handed over to the police.  Also several women in the area attested that the girl Shah produced in court was not his daughter.

Apparently this is yet another offence by which the police authorities force the victims to confess by torture. The AHRC has been informed that the villagers in the area have protested against the police' actions. They held a march demanding the unconditional release of detainees.

ADDITIONAL COMMENTS:

In the Pakistan, police officers, particularly those in remote areas, are often under heavy influence of powerful persons. It is likely that persons being illegally arrested falsely charged and brutally tortured when the complainants had connections with the police. This compromising role of police authorities has seriously undermined the protection of rights of the people, and they had virtually become working for the powerful persons.

Also, in several occasions, the AHRC raised serious concerns regarding violence against women in Pakistan, in particular of honour killings. When a girl or woman had committed "disgraceful acts" or "displeased" her family, she might be killed to restore the family's honour. This had become a deep-rooted practice although it is a crime. Also, when a woman is killed on pretext of honour killing, it is difficult to hold the killers, who are often the family members, to be responsible.

For recent cases of honour killings in Pakistan, please refer to: UA-033-2007; UA-175-2005.

In September 2003, another AHRC's publication, Human Rights Solidarity likewise published report on the same topic.

SUGGESTED ACTION:
Please write to following authorities, and demand for an immediate action against those responsible police officers in Khairpur Mirs district. They should be held liable for the torture and inhuman treatment of the victims. Thorough investigation should be conducted. If there is no sufficient evidence to support the charges against the victims, they must be released unconditionally and the charges against them must be withdrawn. A credible inquiry into the death of the girl should also be conducted.

To support this appeal, please click here:

Sample letter:

Dear __________,

PAKISTAN: Torture and inhuman treatments to eight detainees falsely charged by the police

Name of the victims:
1. Ali Gohar
2. Ghulam Murtaza Bhanbhro, an engineer
3. Ahmed Ali
4. Manzoor Hussain
5. Peerano Rajar
6. Sobho Bhanbhro
7. Ali Khan Bhanbhro
8. Meer Hassan
(The victims were living in the villages of Taluqa Nara, Janib Bhanbhro, Nihal Bhanbhro and Sadoro, District Thar, Sindh. They are presently detained at the Kot Deji police station, District Khairpur Mirs, Sindh)
Name of alleged perpetrators:
1. Abdul Qadir Chachar, Deputy Superintendent Police (DSP), Kot Geji town, District Khairpur Mirs, Sindh
2. Akbar Channa, Station Head officer (SHO) of Kot Deji
3. Asghar Sanjwani, Station Head Office (SHO) of Gaindaho Police Station
4. Mohammad Khan Siyal, SHO Swarah Police Station
5. Syed Mohammad Ali Shah, a resident of Nara village, Khaipure Mirs District, Sindh
Date of incident: from 22 July 2007 to present

I am writing to draw your attention to the continued detention and inhumane treatment of eight persons listed above. They were allegedly arrested by Swarah police on 22 July 2007 on the basis of false complaints for stealing a motorcycle by an influential landlord, Syed Mohammad Ali Shah. While in police custody, the victims were forced to confess and they also falsely implicated for the death of Shah's daughter.

I have learned that Shah, filed another complaint of rape of his daughter even though there is already an existing complaint for the death of his daughter against the eight persons. Shah even produced a girl in court whom he claimed to be his daughter and the rape victim on August 6, but residents of the area attested that the girl was not his daughter. There are allegations that his daughter, Hosat, could have either been murdered on pretext of honour killing or committed suicide. Hosat's death remained unknown.

I am deeply concerned with the police action of arresting and continuously detaining these persons over alleged false charges. I am gravely concerned of how they forced the victims to confess to the theft of the motorcycle, the death and subsequent rape of Shah’s daughter. At the Kot Deji police station where they are presently detained, police officers Chachar and Channa, allegedly brutally beat them, strip their clothes off and forced them to act like dogs and bears, barking and biting each other. They also hit them whenever they refused to do so.

I am extremely shocked by the manner that the police treated these persons and the continued failure to punish those responsible. I have learned that despite of serious allegations, no immediate actions were taken against the police, and the torture victims have remained under custody of the same unit.

I am also gravely concerned of the false and contradictory charges filed against the eight victims. Any persons charged with criminal offense should have been given due process of law and treated with due respect. I am disappointed that this is not the case for these eight persons.

I therefore urge you to intervene promptly to ensure that the charges against the victims are thoroughly reviewed. Should there be no sufficient grounds to hold them for trial, the charges against them should be withdrawn and they should be released unconditionally and immediately. I also urge you to ensure that allegations of inhumane treatment by the police are effectively investigated and that immediate sanctions are imposed upon them. Appropriate restrictions and sanction should be posed against the responsible policemen to ensure that the investigations are done independently.

Furthermore, I urge you to ensure that the death of Hosat will be thoroughly investigated. I am deeply concerned that her cause of death has not been thoroughly investigated as well. Also, I urge you to look into allegations of Shah’s interference in the process of police investigation and filing of complaints.

Yours sincerely,


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PLEASE SEND YOU 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

5. Dr. Arbab Abdul Rahim
Chief Minister of Sindh
Chief Minister House
Karachi
PAKISTAN

6. Chief Secretary
Government of Sindh
Chief Secretariat,
Karachi, Sindh province,
PAKISTAN
Email: cs.sindh@sindh.gov.pk 

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

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

9. Prof. Manfred Nowak
Special Rapporteur on the Question of Torture
Attn: Safir Syed
c/o OHCHR-UNOG
1211 Geneva 10
SWITZERLAND
Tel: +41 22 917 9230
Fax: +41 22 917 9016 (ATTN: SPECIAL RAPPORTEUR TORTURE)

10. Mr. Jacob Egbert Doek
Chairperson
Committee on the Rights of the Child
OHCHR-UNOG
1211 Geneva 10
SWITZERLAND
Fax: +41 22 917 9022 (ATTN: COMMITTEE ON THE RIGHTS OF THE CHILD)

Thank you.

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

Document Type :
Urgent Appeal Case
Document ID :
UA-249-2007
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.