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

ASIAN HUMAN RIGHTS COMMISSION - URGENT APPEALS PROGRAMME

Urgent Appeal Case: UP-045-2007
ISSUES: Torture,

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 case, please click here: SEND APPEAL LETTER

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.

————–

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
Document ID : UP-045-2007
Countries : Pakistan,
Issues : Torture,