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UPDATE (Pakistan): No policemen arrested while medical report confirms brutal torture

February 16, 2007

UPDATE ON URGENT APPEAL UPDATE ON URGENT APPEAL UPDATE ON URGENT APPEAL

ASIAN HUMAN RIGHTS COMMISSION - URGENT APPEALS PROGRAMME

Update on Urgent Appeal

16 February 2007

[RE: UA-032-2007: PAKISTAN: Police severed a young man's penis during torture]
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UP-021-2007: PAKISTAN: No policemen arrested while medical report confirms brutal torture 

PAKISTAN: Torture; brutality of police; impunity; denial of justice
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Dear friends,

The Asian Human Rights Commission (AHRC) has received updated information regarding the case of Mr. Hazoor Buksh Malik (24), whose penis was cut while being tortured by the Market police on 25-26 January 2007 (See further: UA-032-2007). We were informed that both reports of two medical boards, which examined the victim, confirmed that the victim's penis was cut with a sharp edged instrument by a third person, and therefore it is not a case of suicide as claimed by the Market police. However, none of five alleged torturers has been arrested by the police so far. It is alleged that they are under protection of the District Police Officer (DPO) of Larkana district. It is also alleged that the high rank police officials pressured the doctors of medical boards to change their findings on this case. We call for your immediate intervention into this case so that the alleged perpetrators will be arrested and brought to justice as soon as possible.

UPDATED INFORMATION:
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According to the latest information we have received, a First Information Case (FIR) was registered with the Market police station against the prime suspect Station House Officer (SHO) Khan Muhammad Tunio and other four police officers of the Market Police Station in Larkana district, Sindh province on 7 February 2007 (FIR no. 19/2007). The FIR was registered under sections 334, 337K, 343 and 34 of the Pakistan Penal Code (PPC). Section 334 is about "punishment for Itlaf-i-Udw ", Section 337K is about "causing hurt to extort confession or to compel restoration of property", 343 is about "wrongful confinement for three or more days" and Section 34 is about "acts done by several persons in furtherance of common intention".

In our first urgent appeal on this case, the AHRC provide names of SHO Tunio and three other police officers. They are Station Head Officer (SHO) Mr. Muhammad Tunio, Registrar Head Constable (Head Moharar) Mr. Rab Nawaz Mangi, Head Constable Mr. Abdul Latif and Head Constable Mr. Ayaz Shahani. The victim Mr. Hazoor Buksh Malik (24) further identified Assistant Sub Inspector (ASI) Mr. Aftab Abbasi, as the fifth perpetrator who assisted SHO Tunio and assaulted him during torture on 25-26 January 2007.

However, no one has been arrested so far regarding this brutal torture case, while SHO Tunio was only temporarily suspended during the inquiry. Also, neither any case of attempted murder was instituted nor any departmental inquiry was constituted against the alleged perpetrators. The victim was tortured from the midnight of January 25 to 2:30am on January 26. The SHO allegedly severed the victim's penis with a sharp-edged knife. The victim was abandoned in the police lock-up over night without any medical attention and was found unconscious lying in a pool of blood in the morning of January 26 (For details, see: UA-032-2007).

Meanwhile, due to strong protest of local people and human rights groups as well as the huge coverage from the local media, Sindh provincial government constituted a medical board led by the Medico Legal Officer (MLO), Dr. Munir Shiekh, to conduct a medical examination on the victim.

In his finding report on 9 February 2007, Dr. Shiekh concluded that the victim's penis was cut with a sharp edged instrument by a third person but not by the victim himself. His report further indicated that this is not the case of suicide as claimed by the Market police.

However, it is alleged that high rank police officials were not satisfied with Dr. Shiekh's findings and pressured him to change the result of his report. He was allegedly threatened by police officers, including the prime suspect SHO Tunio and District Police Officer (DPO) of Larkana district Mr. Azeem Khan Tunio.

Larkana District Police and Deputy Inspector of Police (DIG) of Larkana Range then requested the Sindh provincial government to constitute another medical board consisted of senior doctors and conduct a medical examination on the victim. Upon request, another medical board led by Dr. Sikander Ali Shiekh, the Principal of the Chanda Medical College and Hospital in Larkana, examined Mr. Malik on February 15. The second medical board's report also confirmed the findings of the first medical board. The report further said that it was not possible to serve the penis with a broken tea cup as claimed by the police.  

Accordingly, Mr. Abdul Ahad Sangri, Assistant Inspector General (AIG) of Police of Larkana range, was assigned to arrest the five police officers responsible for the case. However, he has failed to arrest any of them, saying that his team could not find the perpetrators despite several raids on places. However, local media and people allege that the perpetrators are in Larkana city and walk around freely under the patronage of Mr. Azeem Khan Tunio, the District Police Officer (DPO) of Larkana district.

Meanwhile, on February 13, the Supreme Court directed Larkana district police to furnish all the files relating to this case to the Court for its consideration. 

SUGGESTED ACTION:
Please immediately write to the relevant Pakistan authorities listed below and demand that the alleged perpetrators to be arrested and prosecuted as soon as possible, based on the findings of medical boards. Please also ask them to inquire about the alleged attempt to cover up the case as a suicidal case by the Market police and DIG of Larkana Range (first investigating officer of the case) and take action against those responsible. If the allegation is proven, strong action should be taken against them as well. Please also urge the Government of Pakistan to ratify the International Covenant on Civil and Political Rights (ICCPR) and the Convention against Torture (CAT) without further delay in order to prevent the abuse committed by the state officers.

To support this appeal, please click:

Sample letter:

Dear ________,

PAKISTAN: No policemen arrested while medical report confirms brutal torture

Name of victim: Mr. Hazoor Buksh Malik, aged 24, a cook by profession, permanent resident of Garhee Tagoo village, Yaluka Khanpurr, Shikarpurr district, Sindh province, Pakistan; at the time of incident he was working as a cook at the residence of Mr. Ali Nawaz Lashari, a Deputy Superintended of Police (DSP), in Larkana district, Sindh province, Pakistan
Alleged perpetrators:
1. Mr. Muhammad Tunio, Station Head Officer (SHO) attached to the Market police station in Larkana District, Sindh province (prime suspect)
2. Registrar Head Constable (Head Moharar) Mr. Rab Nawaz Mangi attached to the Market police station
3. Head Constable Mr. Abdul Latif attached to the Market police station
4. Head Constable Mr. Ayaz Shahani attached to the Market police station
5. Mr. Aftab abbasi, Assistant Sub Inspector of police attached to Market police station
6. Mr. Akhtar Hussain Gorchani, Deputy Inspector General of Police (DIG) of Larkana Range (first investigating officer of the incident; allegedly attempted to cover up the case)
7. Mr. Azeem Khan Tunio, District Police Officer of Larkana district (allegedly threatened the first medical board of the case and provide protection to the perpetrators)
Place of alleged torture: Market police station
Date of alleged torture: late in the night of January 25 to 2:30am on January 26, 2007

I am writing to demand immediate arrest of the five police officers of the Market police station mentioned above, who are responsible brutal torture of Mr. Hazoor Buksh Malik (24). The victim was brutally tortured by these officers on 25-26 January 2006 and his p4enis was served by SHO Muhammad Tunio.

I am appalled that such arrest was not made despite two medical boards' reports confirmed that the victim's penis was cut with a sharp edged instrument by a third person. The reports prove that the Market police's claim of the suicidal case is a lie. However, I am informed that Mr. Abdul Ahad Sangri, Assistant Inspector General (AIG) of Police of Larkana range, merely gave an excuse
that his team could not find the perpetrators despite several raids. However, local media and people allege that the perpetrators are in Larkana city and walk around freely under the patronage of Mr. Azeem Khan Tunio, the District Police Officer (DPO) of Larkana district.

I am also concerned about the alleged threats to doctors of the medical boards on this case. I was informed that Dr. Munir Shiekh, the Medico Legal Officer (MLO) who led the first medical board, was allegedly threatened by police officers, including the prime suspect SHO Tunio and the said DPO, who is allegedly providing protection to the perpetrators. I am further informed that high rank police officials were not satisfied with Dr. Shiekh's findings and pressured him to change the result of his report. Due to this pressure from the police, the second medical board led by Dr. Sikander Ali Shiekh, the Principal of the Chanda Medical College and Hospital in Larkana was constituted to conduct a medical examination on the victim. However, this medical board also confirmed that the findings of the first medical board are true.

I am also concerned that no case of attempted murder has been registered against the alleged perpetrators. The five responsible police officers were only charged with under sections 334, 337K, 343 and 34 of the Pakistan Penal Code (FIR no. 19/2007 dated 07/02/2007 at Market police station). Section 334 is about "punishment for Itlaf-i-Udw ", Section 337K is about "causing hurt to extort confession or to compel restoration of property", 343 is about "wrongful confinement for three or more days" and Section 34 is about "acts done by several persons in furtherance of common intention". I want to remind you the fact that the victim was abandoned in the police lock-up overnight without any medical attention after brutal torture. He was found unconscious lying in a pool of blood on the morning of January 26. I am further informed that no departmental inquiry has been constituted against the alleged perpetrators. 

Meanwhile, no inquiry has been conducted into the alleged attempt to cover up the case as a suicidal case by the Market police and DIG of Larkana Range (first investigating officer of the case).

In light of above, I strongly urge you to take immediate action to arrest the alleged perpetrators and hold them accountable for this serious crime as soon as possible. I also request you to inquire about the alleged threats to the doctors of the medical boards by the high rank police officers including DPO of Larkana district, as well as the alleged attempt to cover up the case by the Market police and DIG of Larkana Range. Strong disciplinary and legal action should be taken against responsible officers if the allegation is proven. Adequate compensation should be awarded to the victim as well.

Lastly, I urge the Government of Pakistan to ratify the International Covenant on Civil and Political Rights (ICCPR) and the Convention against Torture (CAT) without further delay in order to prevent the abuse committed by the state officers. Otherwise, the Government will face the international community's protest against its membership to the UN Human Rights Council.

I again request your immediate intervention into this case, considering the fact that the victim's life was completely destroyed by this brutal incident. He was scheduled to marry in the third week of February 2007 before this incident.

Yours truly,


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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
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)


Thank you.

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


Document Type :
Urgent Appeal Update
Document ID :
UP-021-2007
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.