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UNITED KINGDOM/PAKISTAN: Two activists held in London face risk of torture if deported

December 21, 2007

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ASIAN HUMAN RIGHTS COMMISSION – URGENT APPEALS PROGRAMME

Urgent Appeal

21 December 2007
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UA-346-2007-UNITED KINGDOM/PAKISTAN: Two activists held in London face risk of torture if deported

UNITED KINGDOM/PAKISTAN: Human rights defenders; treaties; right to liberty and security; legal protection; administration of justice
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Dear friends,

The Asian Human Rights Commission (AHRC) writes to inform you that two activists from Pakistan arrested in London on 4 December 2007 may be threatened with deportation. They are being held and charged allegedly for conspiring to incite another person to commit acts of terrorism. Their friends and colleagues are worried that the British government may send the two men back to Pakistan. But doing so would put them at risk of torture, in violation of the British government's obligations under the Convention against Torture (CAT).

CASE DETAILS:

On December 4, Faiz Baloch (25) and Hyrbyair Marri (39) of North and West London respectively were arrested following raids at their houses. It was reported in the media that a large quantity of documents, DVDs, computer files and money had been recovered following searches made either at the victims' places or offices.

On December 11, charges were filed against them at the Westminster Magistrates Court in Central London for conspiring to incite another person to commit an act of terrorism under the Terrorism Act of 2000. The two have also been allegedly accused of having links with the Balochistan Liberation Army, which is considered a terrorist organization by the British government.

Hyrbyair's arrest happened days after his elder brother, Mr. Balach Marri, was also killed in the Sarlat area of Naushki, Balochistan during a military operation on November 21. The elder Marri was formerly the leader of an opposition party in the Balochistan provincial assembly while his younger brother, Hyrbyair, was the provincial minister in the early 90s.

It has been reported in the media, including the Guardian newspaper and the BBC Urdu Service, that the British government may send them back to Pakistan in exchange for a prisoner, Rashid Rauf, who is accused in plotting to blow up transatlantic aircrafts in August 2006. He was held in Pakistan but had escaped ten days ago.

Since 2005, the government of Pakistan has reportedly been making efforts to extradite the Marri brothers. Once, the government also attempted to prevent Hybyar's younger brother, Mehran Baloch, from intervening before the UN Human Rights Council on behalf of the Interfaith International regarding military operations in Balochistan.

Only with the intervention of Asma Jihangir, chairperson of the National Human Rights Commission of Pakistan, Mehran was able to speak at the Council.

ADDITIONAL COMMENTS:

Given the record of torture and inhuman treatment of detainees by the security forces in Pakistan, there is a risk that the two men could be subjected to such treatment. They also would not be able to obtain a fair trial at all if deported.

For instance, lawyer Munir A. Malik, former president of the Supreme Court of Pakistan Bar Association was tortured and poisoned following his arrest last November days after the state of emergency was imposed in Pakistan. His condition has since deteriorated. No action has been taken against those involved in torturing him. Please read for details: UA-331-2007

No actions were taken either against the policemen who tortured and inhumanely treated eight persons in Khaipure Mirs District, Sindh in July this year.  The police tied the detainees with ropes and chains around their necks. They were forced to bark like dogs and bite each other like wild bears; if they refused, they would be beaten. Please read for details: UP-111-2007; UA-249-2007

Those involved in assaulting and severing the penis of a 24-year-old man, Hazoor Buksh Malik in Sindh, Pakistan, have also not been held to account. It is reported that Tunio, the main alleged perpetrator, as well as the Station Head Officer (SHO), of the Market police station in Larkana District where the victim have been held in custody and tortured, were assured of protection by a government official. For details please read: UP-085-2007

Another torture victim, 33-year-old Ali Nawaz, also died in police custody days after he was arrested and falsely charged by the police in Sindh Province in February this year.  The victim and his two other friends were illegally arrested by the policemen who had demanded money from them. Ali was tortured allegedly for failing to bribe jail officers.  The physician announced he had died of kidney failure; however, his family found traces of torture marks on his corpse. Please read for further details: UA-046-2007

The United Kingdom has ratified the UN Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (CAT). By ratifying the Convention, it is obligated under the Article 3 of the Convention not to expel, deport or extradite persons into another country where they would be at risk of torture.

SUGGESTED ACTION:
Please write letters to the authorities below requesting their urgent intervention to prevent the deportation of the two men to Pakistan. The British government must afford these men fair trials in accordance with ordinary laws and uphold its obligations under international law.

To support this appeal, please click:

Sample letter:

Dear __________,

UNITED KINGDOM/PAKISTAN: Two activists held in London face risk of torture if deported

Name of the detainees: Faiz Baloch (25) and Hyrbyair Marri (39) of North and West London respectively
Date of their arrest: 4 December 2007
Court where charges are filed: Westminster Magistrates Court in Central London.

I am writing to express my deep concern that two activists from Pakistan, Faiz Baloch and Hyrbyair Marri, who were arrested in separate incidents on 4 December 2007 in London may be threatened with deportation to Pakistan where they may be at risk of torture.

The two men have been reportedly charged with conspiring to incite another person to commit acts of terrorism under the Terrorism Act of 2000.

I have learned that the two men, in particular Hyrbyair and his relatives, have been targeted by the Government of Pakistan for their campaign regarding the continuing militarization in Balochistan province. The security forces in Pakistan have been targeting individuals opposing against the present administration and the military leadership. I am aware that the security forces in Pakistan have a record of torture and inhumane treatment of detainees; and I am deeply concerned that they would suffer the same if they are deported.

The United Kingdom, as party to the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (CAT), has an obligation under article 3 not to expel, return ("refouler") or extradite persons to another State where there are substantial grounds for believing that he would be in danger of being subjected to torture.

I therefore urge the British government to adhere to its obligations under the Convention by ensuring that the two men are given fair trial in an ordinary court in its jurisdiction.

I am deeply concerned that the British government would be found at fault should something wrong happen to these two persons once they are deported. Given the record of torture and inhumane treatment by the security forces of Pakistan, to say nothing of the destruction of its judiciary, to deport these two men would only deprive them of any legal remedies and protection and perhaps put them at grave risk.

I trust that you will take adequate action in this case.

Yours sincerely

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PLEASE SEND YOUR LETTERS TO:

1. Mr. Gordon Brown
Prime Minister
United Kingdom
10 Downing Street,
London SW1A 2AA
UNITED KINGDOM
Fax: 020 7925 0918 (local) / +44 20 7925 0918 (outside the UK)
Email: please see: http://www.number10.gov.uk/output/page821.asp

2. Foreign Affairs Committee
Committee Office
House of Commons
London SW1A 0AA
UNITED KINGDOM
Fax: +44 20 7219 5365
Tel.: +44 20 7219 6106
Email: foraffcom@parliament.uk

3. Dr. Maleeha Lodhi
High Commissioner of Pakistan
High Commission for The Islamic Republic of Pakistan
35–36 Lowndes Square
London SW1X 9JN
UNITED KINGDOM
Fax:  +44 20 7664 9224
Email: pareplondon@supanet.com

4. Mr. General (retired) Pervez Musharraf
President of Pakistan
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)

5. 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

6. Mr. LT. GEN. Hamid Nawaz Khan
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

7. Mr. Inam-ul- Haq
Foreign Minister of Pakistan
Islamabad Secretariate
Islamabad
PAKISTAN
Tel.: +92 51 921 0335
 Fax: +92 51920 7600
Email: sadiq@mofa.gov.pk

 Thank you.

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

Document Type :
Urgent Appeal Case
Document ID :
UA-346-2007
Countries :
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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.