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UPDATE (Pakistan): Federal minister allegedly forced the torture victim to settle his case with the accused police officers

March 28, 2007

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

ASIAN HUMAN RIGHTS COMMISSION - URGENT APPEALS PROGRAMME

Update on Urgent Appeal

28 March 2007

[RE: UA-032-2007: PAKISTAN: Police severed a young man's penis during torture; UP-021-2007: PAKISTAN: No policemen arrested while medical report confirms brutal torture]
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UP-045-2007: PAKISTAN: Federal minister allegedly forced the torture victim to settle his case with the accused police officers

Pakistan: Impunity to perpetrators of torture in custody, use of government machinery against victim, no rule of law and no obligations to international norms against torture.
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Dear friends,

The Asian Human Rights Commission (AHRC) has learned that a torture victim, who had his penis severed by the Station Head Officer (SHO) of the Market police station in Larkana District, Sindh Province (See further: UA-032-2007), was allegedly forced by Mr. Ghous Bux Maher, a Federal Minister of Anti-Narcotics, to sign in an agreement that withdraw his complaint against the concerned policemen. We were informed that the said minister allegedly pressured the victim to take Rs. 600,000 (USD 10,000) in compensation for the injuries and withdraw his legal case against policemen. Meanwhile, the Supreme Court ordered the Sou Motu action against the alleged perpetrators on 13 March 2007. The AHRC is deeply concerned by this worrisome development of this case. The said federal minister is apparently using his official position within the government machinery to pressurize the victim and to pardon the accused police officers. We call for your urgent intervention into this case so that the justice can be rendered to the victim.  

UPDATED INFORMATION:

To briefly remind the original incident, Mr. Hazoor Bux Malik, a 24 year-old cook, was allegedly subjected to brutal torture at the Market Police station, Larkana District, Sindh province on 25-26 January 2007, after he was arrested on fabricated charges for theft on January 22. Four police officers of the Market Police Station, including the Station Head Officer (SHO), were allegedly involved in the severing of the victim's penis while torturing the victim (See further: UA-032-2007).

Despite the extreme brutal manner of the torture he had to go through, the victim has still been denied justice by the government of Pakistan; all the accused police officers are at large with alleged support of a federal minister and other influential people in the area (See also: UP-021-2007).

After the AHRC took the case to the international community, the federal minister of Anti-Narcotics Mr. Ghouse Bux Mahar, who is elected from the same constituency in the jurisdiction of the Market police, has been allegedly trying to settle the heinous crime outside the court.

Meanwhile, the Chief Justice of Supreme Court ordered the Sou Motu action against the alleged perpetrators on 13 March 2007. The Supreme Court instructed the Inspector General of Police (IGP) of Sindh province to submit his comments/report about this case by March 15. However, the IGP has failed to submit his comments to the Supreme Court and merely told the Court to submit it in the next hearing.

The ARHC was also informed that on 12 March 2007, the federal minister Mr. Ghouse Bux Mahar allegedly called a meeting with the accused police officers and the victim and his family at his residence and pressured the victim and his family to settle the case outside the court and offered money for this purpose. However, the victim and his family refused to accept the offer.

The federal minister then allegedly sent a group of men, including his personal assistant to minister (PA), Mr. Nadir Ali Shah and chief (Nazim) of Garhi Yasin town council, to the victim's house to settle the matter on 20 March 2007. The accused police officers were also present there at that time. After entering the victim's house, the accused police officers locked the house inside and intimidated the victim and his family to reach the agreement with them.

When the victim again refused to settle the matter, the accused police officers allegedly threatened him saying that the other male members of his family would also suffer the same treatment as the victim. The perpetrators placed cash equivalent to USD 10,000 in the victim's house and forcibly made the victim sign a paper which stated that he withdrew the complaint against the police officers and that he accepted Rs. 600,000 (USD 10,000) in compensation.

According to the information we have received, the Station Head Officer of the Market police station (the main suspect) had allegedly worked for the federal minister Mr. Ghous Bux Mahar during a 2002 election by providing police officers to intimidate opposition candidates. It is believed that the said minister is now returning the favor by protecting the SHO and the other accused police officers, who secured his election victory.

The AHRC has also learned that the victim's wound has not stopped bleeding and the government has not provided any medical assistance to him. The victim's condition is critical and the doctor caring for the victim says that the victim is in risk to be infected with Hepatitis C due to the loss of blood.

For details of this case, please also refer our previous urgent appeals and statements:

UA-032-2007: PAKISTAN: Police severed a young man's penis during torture
UP-021-2007: PAKISTAN: No policemen arrested while medical report confirms brutal torture
AS-034-2007: PAKISTAN: The severance of the sexual organ of an arrestee indicates the collapse of police discipline and calls for high level police and government inquiries
AS-056-2007: PAKISTAN: As outrageous violations take place, to keep silent on the issue of the rule of law is nothing less than betrayal

SUGGESTED ACTION:
Please immediately write to the relevant authorities listed below demanding their urgent intervention in this matter and thoroughly inquire about the alleged forced settlement of the case and take strong action against those responsible. Please urge them to take all measures to ensure that the accused police officers, who committed horrendous crime, are immediately arrested and punished by law. Please also urge them to provide effective protection to the victim from the police.

To support this appeal, please click:

Sample letter:

Dear ___________,

PAKISTAN: Federal minister allegedly forced the torture victim to settle his case with the accused police officers

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. Ghous Bux Maher, Federal Minister of Anti-Narcotics
6. Mr. Nadir Ali Shah, personal assistant (PA) to Minister Mr. Ghous Bux Maher
7. Chief (Nazim) of Garhi Yasin town council
Place and date of incident: tortured at the Market police station on 25-26 January 2007; the victim was forced to settle his case with the accused at the said federal minister's residence on March 12 and the victim's residence on March 20

I am sure that you are fully aware of the brutal torture case of Mr. Hazoor Bux Malik (24), whose penis was cut by the four police officers (alleged perpetrators 1-4) of the Market Police station, Larkana District, Sindh province on 25-26 January 2007, while he was in police custody.

I am deeply concerned that despite the extremely brutal manner of the torture, the victim has still been denied justice by the government of Pakistan. I am informed that none of the accused police officers has yet been arrested but in fact, they allegedly receive support of one federal minister and other influential people in the area.

According to the information I have received, on 12 March 2007, Mr. Ghouse Bux Mahar, Federal Minister of Anti-Narcotics, allegedly called a meeting with the accused police officers and the victim and his family at his residence and pressured the victim to settle the case outside the court and offered money for this purpose.

I am also informed that when the victim refused his offer, the said federal minister again allegedly sent a group of men, including his personal assistant (PA) to minister, Mr. Nadir Ali Shah and chief (Nazim) of Garhi Yasin town council, to the victim's house on 20 March 2007. The accused police officers were also present there at that time. I am informed that the accused police officers allegedly threatened the victim saying that the other male members of his family would also suffer the same treatment as the victim if he would not reach the agreement with them. The perpetrators then allegedly placed Rs. 600,000 (USD 10,000) in the victim's house and forcibly made the victim sign a paper which stated that he withdrew the complaint against the police officers and that he accepted Rs. 600,000 in compensation.

I am deeply concerned by this worrisome development of this case. The said federal minister is apparently using his official position to hush up this case. I am informed that the alleged reason of the federal minister's support to the perpetrators is that the SHO of the Market police station (the main suspect) had allegedly worked for this federal minister during a 2002 election by providing police officers to intimidate opposition candidates.

I am also concerned that Inspector General of Police (IGP) of Sindh province has failed to submit his comments about this case by March 15 despite the instruction of the Supreme Court. The Chief Justice of Supreme Court ordered the Sou Motu action against the alleged perpetrators on 13 March 2007 but the next date of the case hearing has not been fixed due to this unpleasant development.  

I am also appalled that the Sindh provincial government has not provided any medical assistance to the victim despite his serious injuries. I am learned that the victim's wound has not stopped bleeding and the doctor caring for the victim says that the victim is in risk to be infected with Hepatitis C due to the loss of blood.

In light of the above, I strongly urge you to order a thorough and impartial investigation into the alleged forced settlement of the case by the accused police officers and the concerned federal minister. If the allegation is found to be true, strong legal and disciplinary action should be taken against those responsible. I also request you to immediately arrest the accused police officers and suspend them from their service. The accused police officers, who committed horrendous crime, should be prosecuted and punished by law as soon as possible. I also request you to take urgent steps to provide adequate medical assistance to the victim. Effective protection should also be provided to the victim and his family to protect them from further harassment and intimidation.

I look for your urgent intervention into this matter.

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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
Fax: +92 21 920 1226
E-mail: pvt_secretary@governorsindh.gov.pk (for private secretary of Governor)

5. Dr. Arbab Abdul Rahim
Chief Minister of Sindh
Chief Minister House
Karachi
PAKISTAN
Fax: +92 21 920 2000

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
Tel: +92 21 9213327-6
Fax: +92 21 9213873
Email: secy.cpsd@sindh.gov.pk

7. 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

8. 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)

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Document Type :
Urgent Appeal Update
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UP-045-2007
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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.