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UPDATE(Pakistan): Prime perpetrator involved in severance of penis case is still free under the protection of a Minister

June 19, 2007

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

ASIAN HUMAN RIGHTS COMMISSION - URGENT APPEALS PROGRAMME

Update on Urgent Appeal

20 June 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-085-2007: PAKISTAN: Prime perpetrator involved in severance of penis case is still free under the protection of a Minister

PAKISTAN: Torture; impunity; absence of medical assistance; no rule of law
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Dear friends,

The Asian Human Rights Commission (AHRC) has received updated information that three of alleged perpetrators of the severing of Mr. Hazoor Buksh Malik’s (24) penis, were arrested in early June 2007. However, Mr. Tunio, the main perpetrator, as well as the Station Head Officer (SHO), of the Market police station in Larkana District have not been arrested to date. It is alleged that the said SHO is still free under the protection of a Federal Minister. The AHRC is also concerned that the government has failed to provide any medical treatment to the victim, whose injuries to his penis are still bleeding up to now. The victim is not even able to walk himself. We call for your immediate intervention to support the victim. Please write to the Pakistan authorities and demand immediate medical assistance to the victim and the arrest of the prime perpetrator and his cohort.

UPDATED INFORMATION:
 
According to the latest information we have received, the accused Registrar Head Constable (Head Moharar) Mr. Rab Nawaz Mangi, Head Constable Mr. Abdul Latif, Head Constable Mr. Ayaz Shahani of the Market police station in Larkana District, Sindh province were arrested in early June 2007. However the prime perpetrator Mr. Khan Mohammad Tunio, Station House Officer (SHO) of the said police station are still free even though District Court of Larkana, Sindh province issued several non-bail able warrants. All of these officers were accused of involving in the alleged torture case of Mr. Hazoor Buksh Malik (see further: UA-032-2007).

We have earlier reported that Mr. Ghous Bux Maher, the Federal Minister of Anti Narcotics, has been allegedly providing protection to Mr. Tunio because Mr. Tunio played a major role in campaigning for the Minister being elected from his constituency (see further: UP-021-2007). We were informed that Mr. Tunio has not been arrested to date due to inaction by the police to make his arrest under the continued protection by the said Minister.

The AHRC has also previous reported that the police authorities and one Federal Minister Mr. Mehar pressured the victim and his parents to withdraw the case against alleged perpetrators and forced them to accept the money on 20 March 2007. However we were informed the paid money was taken after some days by the police officers who allegedly attacked the victim’s house.

Moreover, the AHRC is gravely concerned by the poor health condition of the victim. We were informed that the victim has not received any medical assistance from the government authorities even though the injuries to his penis have not fully healed to date. He is unable to walk by himself.

The AHRC is also concerned about the ongoing impunity against the alleged perpetrators, including high ranking police officers. The AHRC is further disturbed by the alleged protection to the prime suspect, Mr. Tunio by the Federal Minister of Anti Narcotics. An independent unit composed of various sectors should be established to thoroughly investigate into this case. Proper medical assistance and compensation should also be given to the victim as well.


BRIEF REMINDER OF THE CASE:

On 22 January 2007, 24-year-old Mr. Hazoor Buksh Malik(24) was arrested by the Market police, Larkana district, Sindh province for not possessing a national identity card while he was shopping. Late in the night of 25 January 2007, the SHO Mr. Mohummad Tunio came in drunk to the police station and ordered three on-duty police officers to fasten the victim with ropes and chains. The SHO then began to brutally torture Mr. Hazoor Buksh, and at the height of anger, he allegedly severed the victim's penis with a sharp-edged knife. Meanwhile, the police allegedly registered a false attempted suicide case and a First Information Report (FIR) No. 17/2007 against the victim under sections 34, 337 and 334 of the Pakistan Penal Code. The Home Department of the Sindh provincial government appointed Mr. Akhtar Hussian Gorchani, the Deputy Inspector General (DIG) of Larkana Range, to conduct an inquiry about the case. However, his finding was a confirmation of the police’s version of the story that this is an attempted suicide case. Due to the huge protest from the citizens, the Home Department rejected it and appointed Mr. Mushtaq Mahar, Senior Superintendent of Police (SSP) to investigate in this case. (To see more: UA-032-2007: PAKISTAN: Police severed a young man’s penis during torture)

The reports conducted in 9 February and 15 February respectively 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. In the meantime, it was alleged that the high rank police officials pressured the doctors of medical boards to change their findings on this case. Mr. Abdul Ahad Sangri, Assistant Inspector General (AIG) of Police of Larkana range, was assigned to arrest those 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. (To see more: UP-021-2007: PAKISTAN: No policemen arrested while medical report confirms brutal torture)

Please also refer our previous statements on this case:
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 write letters to the concerned authorities listed below, urging them to arrest those responsible and punish them without delay. Please also urge them to establish an independent unit to thoroughly investigate into this case without interference any high ranking police officers as well as politicians. Compensation and proper medical treatment should be also given to the victim. The AHRC is also writing to UN Special Rapporteur on the Question of Torture for his consideration.

To support this, please click here:

Suggested letter:

Dear _______,

PAKISTAN: Prime perpetrator involved in severance of penis case is still free under the alleged protection of the Minister

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
Name of alleged perpetrators:
1. Mr. Muhammad Tunio, Station Head Officer (SHO) attached to the Market police station in Larkana District, Sindh province (prime perpetrator)
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 (allegedly providing protection to the prime perpetrator and intimidation to the victim and his parents)
6. Mr. Nadir Ali Shah, personal assistant (PA) to Minister Mr. Ghous Bux Maher (alleged intimidation to the victim and his parents)
7. Chief (Nazim) of Garhi Yasin town council (alleged intimidation to the victim and his parents)
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 writing to demand immediate arrest of the rest police officers including a prime perpetrator 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 mentioned above on 25-26 January 2006 and his penis was allegedly served by SHO Muhammad Tunio.

It is welcome three of perpetrators (Registrar Head Constable (Head Moharar) Mr. Rab Nawaz Mangi, Head Constable Mr. Abdul Latif, Head Constable Mr. Ayaz Shahani of the Market police station) have been arrested in early June 2007. However, the prime perpetrator Mr. Khan Mohammad Tunio, Station House Officer (SHO) of the said police station is still free even though District Court of Larkana, Sindh province issued several non-bail able warrants. It is reported that Mr. Ghous Bux Maher, the Federal Minister of Anti Narcotics, has provided protection to Mr. Tunio because Mr. Tunio played a major role in campaigning for the Minister being elected from his constituency.

I am informed that the victim filed a case against SHO Mr. Tunio along with his five staff members. However, the police authorities and the said Minister pressured the victim and his parents to withdraw the case against alleged perpetrators. Moreover, it is also believed that the government has not provided medical treatment for the victim even though the injury on his penis does fully stop bleeding to date. He is unable to walk by himself.

I have been informed from the very first incident of this case and I would like to point out some serious problems exist in Pakistan by learning from this case.

First, investigation is not independent from interference by high ranking police authorities. Mr. Akhtar Hussian Gorchani, the Deputy Inspector General (DIG) of Larkana Rance, conducted an inquiry about this incident however, the DIG made an inquiry in hast and submitted a report confirming the police’s version of the story that this is an attempted suicide case and that the victim is mentally ill person. But two medical reports by doctors revealed the truth that the injury could not have been caused by the victim himself but by a third person.

Second, intimidation to doctors of the medical board to fabricate their findings is a serious crime. No protection has given to the medical doctors while they were conducting during their own mission. Even further no legal action has been taken against those responsible who threaten to the doctors.

Third, court order without process means dysfunction of judiciary system. The SHO Mr. Tunio has not been arrested even though there are several non-bail able warrants as well as he was a prime perpetrator of this case. Local newspapers reported that he regularly visits the Market police station even though he had been suspended until the inquiry is completed by the Sindh provincial government.

Fourth, impunity brings about another crime. The victim and his parents filed a case against the SHO Mr. Tunio along with his five staff members. However, the police authorities and the personal assistance to the Minister and Chief (Nazim) of Garhi Yasin town council threatened the victim and his parents to withdraw the case against those responsible. Meanwhile, the SHO Mr. Tunio is still under the protection of the Minister.
 
Fifth, the government of Pakistan fails to provide medical assistance to the victim. It is reported the victim is in a very poor health condition and the injury on his penis does not fully stop bleeding to date. He is unable to walk by himself.

In light of above, I strongly urge you to establish an independent unit to investigate into this case as soon as possible. I also request you that the independent unit has 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. The unit also has to investigate the intimidation to withdraw the case by Mr. Nadir Ali Shah and Chief (Nazim) of Garhi Yasin town council alleged under the Minister’s patronage. Strong disciplinary and legal action should be taken against responsible officers if the allegation is proven. I further urge you to provide immediate medical assistance to the victim and adequate compensation should be awarded 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) which the government gave voluntarily pledges as a new member of Human Rights Council to the international community in order to prevent the abuse committed by the state officers without further delay. 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 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
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 (ua@ahrchk.org)

Document Type :
Urgent Appeal Case
Document ID :
UP-085-2007
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.