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PAKISTAN: Prominent lawyer tortured, poisoned in detention; two others held incommunicado

November 26, 2007

[NOTICE: The AHRC has developed an automatic letter-sending system using the "button" below. We encourage you to send your appeal letters via email, fax or post to those people. Fax numbers and postal addresses of the authorities are attached below with this appeal. Thank you.]

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ASIAN HUMAN RIGHTS COMMISSION – URGENT APPEALS PROGRAMME

Urgent Appeal

26 November 2007
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UA-331-2007: PAKISTAN: Prominent lawyer tortured, poisoned in detention; two others held incommunicado

PAKISTAN: State of emergency; torture; arbitrary arrest and detention; absence of rule of law
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Dear friends,

The Asian Human Rights Commission (AHRC) has been informed that the physical condition and health of a prominent lawyer, Mr. Munir A. Malik, former president of the Supreme Court of Pakistan Bar Association, whom we reported to have traces of blood in his urine due to severe torture while in custody, continues to deteriorate. Mr. Malik told his physicians after regaining consciousness that his health worsened after he was forced to drink the juices and food rations given to him whom he believed could have contained poison. No action has been taken against those involved in arresting, detaining and torturing him. Though the government claimed they had already released him, the security forces deployed at the hospital admitted that this is not the case.

CASE DETAILS:

In our previous appeal UP-150-2007, the AHRC has mentioned that Mr. Munir A. Malik was taken to a government hospital after he fainted. Traces of blood were found in his urine after the severe beatings he suffered while in detention at the Adiala Jail, Rawalpindi and subsequently in Attock Jail, a remote jail in a mountainous area in the north western frontier province.

Mr. Malik had been kept incommunicado detention for a week while being held at the Attock Jail. His cell measures just four feet wide and five feet high which makes it extremely difficult if not impossible for him to move comfortably. He was taken out shortly only once in a day to breathe some fresh air. At day time, his detention cell was completely dark but at night a powerful bulb was put on, therefore making it extremely difficult for him to sleep. He was not allowed any visitors to ascertain his condition inside the jail following his arrest, particularly his family.

In one instance, the superintendent of the Attock jail, told Mr. Malik soon after he was taken in detention that he was the first victim of Chief Justice Choudhry. This superintendent told him that he would take revenge against all those persons who had worked to restore the ousted Chief Justice.

Only after Mr. Malik’s urine started to emit traces of blood was he taken to a government hospital for treatment. But despite having not recovered fully, after few days of being at the hospital he was again taken back to the Attock Jail.

On November 22, Mr. Malik was taken to the Islamabad, PIMS hospital (Pakistan Institute of Science Management) but his condition has since worsened. This time, he was admitted to the hospital’s Intensive Care Institute (ICU) after the physicians examining him discovered the severity of his condition. However, despite these findings by his physicians, the policemen who took him to the hospital at first refused to admit him for immediate treatment.

But after the alarming news of his condition spread out, the authorities withdrew the policemen deployed outside the ICU where Mr. Malik was finally admitted. When Mr. Malik regained consciousness he told his physicians that while he was in jail the jail authorities gave him liquid to drink, or juice, as he was told, forcing him to take them. It happened after he was taken back to jail from the hospital. Mr. Malik told the doctors that the drink and food ration that the jail officers have given him might have contain poison. While in detention, the jail guard also deprived him of any regular medication. Since then his condition continues to deteriorate.

The medical examination performed on Mr. Malik disclosed that both his kidneys and liver are no longer functioning properly and that his urine continues to emit traces of blood. He has now received dialysis twice in order for him to gain immediate relief from his condition. On November 25, the physicians examining Mr. Malik informed him that the next two days would be critical.

The government has already claimed it already released Mr. Malik from detention following pressure by the legal community. However, security forces attached to the government’s anti-terrorist squad have not been pulled out from the hospital where he is admitted. In Pakistan, this squad is reported to have more power than the police.

Mr. Malik is reported to be one of the lawyers known to have suffered brutal and inhumane treatment following their arrest on November 3 after the emergency rule was imposed.

Another prominent lawyer, Mr. Ali Hamed Kurd and a retired justice, Mr. Tariq Mehmood, who were at the forefront of lawyer’s movement, have also not been released. Mr. Kurd is the former President of the Pakistan Bar Council while Mr. Mehmood was also a former president of Supreme Court Bar Association. They are reported to have been kept incommunicado detention in different jails but their present condition could not be ascertained. Mr. Ali Ahmed Kurd was reported to have been tortured by the security forces who took him into custody, the Inter Service Intelligence Agency, known as the I.S.I.

Furthermore, as mentioned in our previous appeal UP-153-2007, several days after Mr. Syed Hassan Tariq, a prominent human rights lawyer was arrested on November 8 and also tortured by the security forces. He was also taken to a hospital due to serious injuries. Mr. Tariq has suffered internal bleeding to his lungs and two ribs were fractured. He also had marks of beatings on his back. His physician said that his condition was severe.

BACKGROUND INFORMATION:

Mr. Munir A. Malik is the key person who started the movement for the restoration of Mr. Ifekhar Choudhry, Chief Justice of Pakistan, who was suspended on March 9 by General Pervez Musharraf. The government of President Musharraf has since been dismissive of him. In October 2006, when Mr. Malik was elected as president of the Supreme Court of Bar Association (SCBA), the government refused to acknowledge his leadership.

Mr. Malik’s election to the bar association was also challenged by Mr. Malik Qayyum, the present Attorney General. In refusing to acknowledge his leadership, the government appointed Mr. Qayyum as the SCBA’s parallel president which led to the division in the bar association. However, Mr. Malik challenged Mr. Qayyum’s legitimacy. He was later acknowledged by the bench of Supreme Court, headed by Chief Justice Chowdhry, as the duly elected president of the SCBA.

In the past few days, the government has announced that it has released thousand of detainees, including lawyers, judges, journalist, political activist, human rights workers and others. However, it is reported that over 1,000 lawyers have remained in jail. The names, place of detention and reasons as to why they are continuously detained have not been made public by the government.

In the press release the issued by the AHRC AHRC-PL-051-2007, serious concerns were raised with regard to the great risk that persons remaining in jail face of being tortured, maltreated, killed or disappeared, unless they are fully accounted for and their families are allowed access to visit them to ascertain their condition. The government has continuously failed to provide basic information regarding the condition of these detainees, particularly their names and their places of detention. It is extremely difficult to ascertain the exact number of person in jail and those who could have disappeared because of this condition.

SUGGESTED ACTION:
Please write letters to the concerned authorities below requesting their immediate intervention to ensure that remedies are afforded to Mr. Munir Malik. Action must be taken against those responsible in arresting, detaining and torturing him in custody. Please also urge that immediate action must be taken to ensure that those who remained in detention are properly treated and that they are released without further delay. The AHRC is also writing a separate letter to United Nations Special Rapporteurs on Torture and Independence of Judges and Lawyers for their intervention in this case.

To support this appeal, please click here:

Sample letter:

Dear __________,

PAKISTAN: Prominent lawyer tortured, poisoned in detention; two others held incommunicado

Name of the victim in serious condition:
Mr. Munir A. Malik, former president of the Supreme Court of Pakistan Bar Association. He was detained at the Adiala Jail, Rawalpindi and subsequently to Attock Jail before he was taken to hospital for treatment
Place of confinement: Pakistan Institute of Science Management (PIMS) Hospital, Islamabad
Name of persons held incommunicado detention:
1. Mr. Ali Hmed Kurd, former President of Pakistan Bar Council
2. Mr. Tariq Mehmood, a former president of Supreme Court Bar Association

I am writing to express my grave concern regarding the present health condition of Mr. Munir Malik, former president of the Supreme Court of Pakistan Bar Association (SCBA) who is presently admitted at a hospital due to his serious condition.

As you are aware, at the early stage of his arrest and detention, we have already drawn your attention to Mr. Malik’s deteriorating condition. We rightly mentioned that his urine had already started emitting traces of blood due to severe beatings. Though the security forces who taking custody of him following his arrest on November 3 took him to hospital for treatment they did not allow him to fully recover. They took him back to the detention center and did not provide his regularly medications for his injuries.

He was held incommunicado in Attock Jail, a remote jail in a mountainous area in the north western frontier province for a week, in an isolation cell which is just only four feet wide and five feet high. The security officers only allowed him to emerged shortly from his cell once a day; however, all day his cell in completely dark and all night a powerful bulb is put on making it extremely difficult if not impossible for him to fall asleep. I have also learned that the drink and food rations given to him could have contained poison.

The victim has told the physicians examining him that his condition has worsened after he was forced to take the drinks and food supplied to him. The physicians examining Mr. Malik have found out that his kidney and liver are no longer functioning properly. His urine has likewise continued to emit traces of blood as it was before and they have had to perform dialysis treatment twice now for him to gain immediate relief.

I am extremely shocked by the manner security forces have treated Mr. Malik while he is in detention. The complicity by the jail authorities and the security forces that arrested and detained him following his arrest is completely unacceptable. In doing so, the government blatantly violates international laws and standards which require the minimum requirement for treatment of prisoners. As you are aware, freedom from torture is a non-derogable right by which the government is obliges to observe regardless of the country’s condition.

I therefore urge you to ensure that Mr. Malik obtain remedies and redress from the violation perpetrated on him. The government must take action to ensure that those responsible of brutally torturing and inhumanely treating him are held to account. It must also ensure that adequate and appropriate medication is afforded to him for his complete recovery.

Also, I urge you to take action to prevent similar brute and inhumane treatment perpetrated against the detainees arrested on the pretext of the state of emergency. I have learned that two other persons, Mr. Ali Hmed Kurd, former President of Pakistan Bar Council and Mr. Tariq Mehmood, a former president of Supreme Court Bar Association, have been held incommunicado ollowing their arrest. It is extremely difficult to ascertain the exact details of their present condition however due to restriction imposed on the information of this nature.

As you are aware, although the government have announced it already released thousand of detainees, the details regarding the names, places of detention and the present condition of those who remained in jail, have not been made in public. Once again, I urge you to ensure that these information are made available in public as a requirement to prevent this persons from being subject to torture, maltreatment, and other forms of abuses.

Please ensure that each of the detainees and those arrested are fully accounted for and their respective families are allowed access to visit them to ascertain their condition. The detainees and their family must also be informed properly as to why they are continuously detained and that necessary assistance must be afforded to them. Appropriate medications must also be afforded to for the sick detainees and those needing treatment.

I trust that your action in this serious matter is forthcoming.

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. Afzal Haider
Minister of Law, Justice and Human Rights
S Block Pakistan Secretariat
Islamabad
PAKISTAN
Fax: +92 51 920 2628
Email: minister@molaw.gov.pk

3. Federal Minister of Interior
Room#404, 4th Floor, R Block,
Pak Secretariat
Islamabad
PAKISTAN
Tel: + 92 51 9212026
Fax: + 92 51 9202624
Email: minister@interior.gov.pk

4. Secretary
(Criminal Prosecution) SGA &CD Department
Government of Sindh
Sindh Secretariat,
Karachi, Sindh Province
PAKISTAN
Tel: +92 21 9213327-6
Fax: +92 21 9213873
Email: secy.cpsd@sindh.gov.pk

5. Dr. Faqir Hussain
Registrar
Supreme Court of Pakistan
Supreme Court Building
Islamabad
PAKISTAN
Tel: +92 51 9213770
Fax: +92 51 9213452
E-mail: registrar@supremecourt.gov.pk

Thank you.

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

Document Type :
Urgent Appeal Case
Document ID :
UA-331-2007
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.