Home / News / Urgent Appeals / UPDATE(Pakistan): Gang rape victim threatened by local politicians; police exonerates perpetrators before investigation
 

UPDATE(Pakistan): Gang rape victim threatened by local politicians; police exonerates perpetrators before investigation

July 4, 2007

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

ASIAN HUMAN RIGHTS COMMISSION - URGENT APPEALS PROGRAMME

Update on Urgent Appeal

5 July 2007

[RE: UA-081-2007: PAKISTAN: Gang-rape of a 15 year-old girl and total obstruction of justice by police and state authorities]
---------------------------------------------------------------------
UP-095-2007: PAKISTAN: Gang rape victim threatened by local politicians; police exonerates perpetrators before investigation

PAKISTAN: Impunity; threats; rape; no rule of law; witness protection; no proper investigation
---------------------------------------------------------------------

Dear friends,

The Asian Human Rights Commission (AHRC) has received updated information on the case of a 15-year-old girl who was gang-raped by more than a dozen attackers from Town Layyah in Punjab province beginning on 30 January 2007 (For details, please see: UA-081-2007). According to the latest information we have received, the victim has been continuously threatened by police officers and politicians to withdraw her complaints and persons who assist her to file the cases were allegedly attacked by the relatives of the perpetrators. Although the court had ordered inquiries into the case twice, the police was insincere about the investigation and they merely claimed the alleged perpetrators were innocent, even before collecting statements from the victim and witnesses. Such failure of the police investigation is because the investigation of the case is in the hand of the local police. We call for your urgent intervention into this case. Please urge the Pakistan authorities to immediately provide protection to the victim and transfer the case to the independent investigating agency. 

UPDATED INFORMATION:

Politicians Threatens Victim to Drop the Case

The incident of gang rape occurred on 30 January 2007, the victim Asma Shah had immediately tried to file a case in the Layyah police station but the case was rejected. She later filed a petition to the Session Court Layyah for the registration of First Information Report (FIR), which is a prerequisite for filing criminal case of rape. However, leaders of Muslim League, the ruling party in Pakistan, including Malik Niaz Ahmed Jhakar (member of National Assembly), Ajaz Ahmed Achlana (member of provincial assembly of Punjab province) and Malik Iftekhar Ahmed Jhakar (mayor of Layyah city), have allegedly continuously threatened her to withdraw all applications in courts, otherwise she would be killed in a road accident.

On April 10, 2007, Mr. Malik Yaseen, Nazim of Union Council 36, Layyah, who was helping victim in filing the case, was attacked along with his friends. The alleged perpetrators are 12 people who are relatives of the perpetrators. He was severely injured and the attack was registered under FIR 60/2007, but no one is arrested so far.

Police Exonerates Perpetrators before Proper Investigations

On 7 April, the Session Judge Layyah ordered an inquiry to look into the alleged rape case. The Layyah police, led by Deputy Superintendent of Police (DSP) Mustafa Pahur, held the inquiry on 17 April and concluded that the five accused persons were innocent and no rape had happened. This finding contradicts with the medical report. The police again refused to register the FIR.

On 17 April 2007, the victim challenged the police finding in Punjab High Court, Multan Bench. The Punjab High Court ordered District Police Officer (DPO) Layyah Ramzan Baig to register the FIR. The DPO apologized for the negligence of the police and promised to receive FIR and would conduct a further inquiry into this matter. The FIR was registered on April 18, but no one was arrested.

On April 26, police again conducted the inquiry and DSP Mustafa Pahur, who had refused to register the case in the first inquiry, was again made inquiry officer. By appointing the same officer to handle the case, the police completely defeated the aim of the second inquiry which is to look into faults of the first one. The sincerity of the police in handling the case is questionable. During the second inquiry, hundreds of people presented to have their statements recorded for the victim, but it is reported that no statement was taken, even the one from the victim.

Malik Niaz Ahmed Jhakkar, member National Assembly and Iftekhar Ahmed Jhakkar, mayor of Layyah were also present in the inquiry. They were allegedly protecting the perpetrators and trying to persuade the police not to register the FIR. Again, the inquiry committee declared that accused persons were innocent therefore no case would be registered against them. On May 3, 2007 victim filed another application in the District and Session court, Multan, to shift the case from Layyah police station as the investigation officers are protecting perpetrators on the influence of government political parties and their members of assemblies. The case is still pending.

BACKGROUND INFORMATION:

On 30 January 2007, 15 year-old Asma Shah from Town Layyah in Punjab province, was allegedly kidnapped by five alleged perpetrators, Sajjad Hussain, Mohammad Ashraf, Munna Qasai, Muneer Gujjar and Nasir Hussain Shah. They are members from the Imambargah Pur Sultan, a religious place of the Shia sect of Islam, they are very powerful in the local area. The victim had allegedly been raped over a four-day period by several influential people, including some politicians. After she was released, her family immediately went to the Kot Sultan Police station in Layyah District, Punjab province to lodge a complaint. However the police refused to register the case. It was reported that several politicians including Malik Niaz Ahmed Jhakar (the member of National Assembly), Ajaz Ahmed Achlana (the member of provincial assembly of Punjab province) and Malik Iftekhar Ahmed Jhakar (Chief of Town council, Layyah), each called the victim's family and forced them to drop the case.

A medical check-up was later conducted at District Head Quarter Hospital at Layyah district on March 9, it was found that the victim was severely raped by at least more than one person. However, the police still refused to register the case. (For more information, please refer to: (UA-081-2007)

SUGGESTED ACTION:
Please write to the following authorities and urge the case to be transferred to an independent investigation bodies, so that impartial investigation can be guaranteed. Witness protection should also be given to protect the victim, her families and others involved in the case. For your information, the AHRC has already written to Ms. Yakin Erturk, the U.N. Special Rapporteur on Violence against Women, for her urgent intervention into this case.

To support this appeal, please click here:

Sample letter:

Dear ________,

PAKISTAN: No witness protection to gang-rape victim facing dire threats; police exonerates perpetrators before investigation

Name of the victim: a 15-year-old girl, Asma Shah, a daughter of Mr. Nawaz Shah, resident of Bait Wasawa Kalroo Wala Town Layyah, District Layyah, Punjab province
Names of the alleged abductors:
1. Sajjad Hussain s/o  Khuda Bux,
2. Mohammad Ashraf s/o Ghulam Hussain,
3. Munna Qasai s/o Abdul Ghafoor Lal,
4. Muneer Gujjar s/o unknown,
5.  Nasir Hussain Shah s/o Sher Hussain,
Date of the alleged rape: 30 January 2007
Names of politicians who threatened the victim:
1. Malik Niaz Ahmed Jhakar, Member National Assembly of Pakistan
2. Ajaz Ahmed Achlana, Member of Punjab Assembly,
3. Malik Iftekhar Ahmad Jhakar, Nazim of Layyah town council
 
I am writing to voice my deep concern regarding the dire threats faced by Asma Shah, a 15-year-old girl who was gang raped by more than a dozen attackers from Town Layyah in Punjab province beginning on 30 January 2007. She has been continuously threatened by police officers and politicians to withdraw her complaints. Persons who assist her to file the cases were allegedly attacked and injured by 12 people who are relatives of the perpetrators. I am also very disappointed about the conduct of the police in handling the case. The court had ordered inquiries into the case twice, however, the police was insincere and merely claimed the alleged perpetrators were innocent, even before collecting statements from the victim and witnesses.

According to the information I received, the gang rape occurred on 30 January 2007, the victim Asma Shah had immediately tried to file a case in the Layyah police station but the case was rejected. She later filed a petition to the Session Court Layyah for the registration of First Information Report (FIR), which is a prerequisite for filing criminal case of rape. However, leaders of Muslim League, the ruling party in Pakistan, including Malik Niaz Ahmed Jhakar (member of National Assembly), Ajaz Ahmed Achlana (member of provincial assembly of Punjab province) and Malik Iftekhar Ahmed Jhakar (mayor of Layyah city), have allegedly continuously threatened her to withdraw all applications in courts, otherwise she would be killed in a road accident.

On 10 April 2007, Mr. Malik Yaseen, Nazim of Union Council 36, Layyah, who was helping victim in filing the case, was attacked along with his friends. The alleged perpetrators are 12 people who are relatives of the perpetrators. He was severely injured and the attack was registered under FIR 60/2007, but no one is arrested so far.

On the other hand, I learned that the investigation of the case is subverted because of the insincerity of the police. On 7 April, the Session Judge Layyah ordered an inquiry to look into the alleged rape case. The Layyah police, led by Deputy Superintendent of Police (DSP) Mustafa Pahur, held the inquiry on 17 April and concluded that the five accused persons were innocent and no rape had happened. This finding contradicts with the medical report. The police again refused to register the FIR. On 17 April 2007, the victim challenged the police finding in Punjab High Court, Multan Bench. The Punjab High Court ordered District Police Officer (DPO) Layyah Ramzan Baig to register the FIR. The DPO apologized for the negligence of the police and promised to receive FIR and would conduct a further inquiry into this matter. The FIR was registered on April 18, but no one was arrested.

On April 26, police again conducted the inquiry and DSP Mustafa Pahur, who had refused to register the case in the first inquiry, was again made inquiry officer. By appointing the same officer to handle the case, the police completely defeated the aim of the second inquiry which is to look into faults of the first one. The sincerity of the police in handling the case is questionable. During the second inquiry, hundreds of people presented to have their statements recorded for the victim, but it is reported that no statement was taken, even the one from the victim. Malik Niaz Ahmed Jhakkar, member National Assembly and Iftekhar Ahmed Jhakkar, mayor of Layyah were also present in the inquiry. They were allegedly protecting the perpetrators and trying to persuade the police not to register the FIR. Again, the inquiry committee declared that accused persons were innocent therefore no case would be registered against them. On May 3, 2007 victim filed another application in the District and Session court, Multan, to shift the case from Layyah police station as the investigation officers are protecting perpetrators on the influence of government political parties and their members of assemblies. The case is still pending.

I am very shocked that no protection is offered to the victim after what she had suffered and the dire threats she is facing daily. I therefore urge you to provide immediate and effective protection to the victim and relevant witnesses, so as to ensure their safety and a proper investigation of the case.

Given the Layyah police (local police) had failed twice to conduct a satisfactory investigation on the case, I urge the case to be transferred to another independent investigation body, which is not influenced by those who are connected to the perpetrators, so an impartial investigation can be carried out to render justice to the victim. Adequate compensation should be provided to the victims as well.

For your information, I was informed that the Asian Human Rights Commission (AHRC) based on Hong Kong has already written to Ms. Yakin Erturk, the U.N. Special Rapporteur on Violence against Women, for her urgent intervention into this case.

I look forward to your urgent intervention in this case. 

Yours sincerely,

----------------

PLEASE SEND YOUR LETTER 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. Mohamad Ali Durrani
Federal Minister for Information and Broadcasting
Government of Pakistan
Islamabad
PAKISTAN
Email: infominister@infopak.gov.pk

4. Mr.Tariq Azeem
Minister of State for Information and Boradcasting
Government of Pakistan
Islamabad
PAKISTAN
Email: mos@infopak.gov.pk

5. Dr. Faqir Hussan
Registrar
Supreme Court of Pakistan
Constitution Avenue
Islamabad
PAKISTAN
Tel: + 92-51-9213770
E-mail: registrar@supremecourt.gov.pk

6. Additional Registrar
Supreme Court of Pakistan
Constitution Avenue
Islamabad
PAKISTAN
Tel: + 92-51-9205478 / 9209496
Fax: + 92-51-9220406
E-mail: additionalregistrar@supremecourt.gov.pk

7. Choudhry Pervez Ihhahi
Chief Minister of Punjab
Chief Minister House
Lahore
PAKISTAN

8. Secretary of Law and Parliamentary Government of Punjab
Punjab Secretariat
Ravi Road
Lahore
PAKISTAN
E-mail: law@punjab.gov.pk

9. Lt. General Khalid Maqbool
Governor of Punjab
Governor House
Mall Road, Lahore
PAKISTAN
Fax: +92 42 9200023
E-mail: governor.sectt@punjab.gov.pk 

10. Chief Secretary of Government of Punjab
Punjab Secretariat
Lahore
PAKISTAN
Fax: +92 42 7324489
E-mail: chiefsecy@punjab.gov.pk 

11. Mr. Khusro Pervez Khan
Home secretary
Punjab Secretariat
Lahore
PAKISTAN
E-mail: home@punjab.gov.pk


Thank you.

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

Document Type :
Urgent Appeal Update
Document ID :
UP-095-2007
Countries :
Issues :
Document Actions
Share |
Subscribe to our Mailing List
Follow AHRC
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.