UPDATE (Pakistan): No action against police officers who allegedly tortured eight persons

ASIAN HUMAN RIGHTS COMMISSION - URGENT APPEALS PROGRAMME

Urgent Appeal Case: UP-111-2007
ISSUES: Torture,

Dear friends,

The Asian Human Rights Commission (AHRC) has received updated information that false charges of rape and murder against the eight torture victims have been dropped. However, they are still detained in the central jail in Khairpur Mirs, Sindh, for another charge of theft; there also has not been any action against the policemen who are allegedly involved in torturing the victims.

UPDATED INFORMATION:

As described in our original appeal (UA-249-2007), the eight victims were arrested on false charges of theft, rape and murder filed against them by a prominent landlord, Syed Mohammad Ali Shah.

After the AHRC issued the appeal, on August 11, the eight victims were transferred to the central jail in Khairpur Mirs. It is reported that in order to avoid further embarrassment, the Sindh provincial police dropped the charges of gangrape and murder against the eight victims. The victims were first arrested for theft, and then charged for murdering and gangraping Shah’s 15-year-old daughter, Hosat.

Although the charges of rape and murder are dropped, the AHRC is deeply concerned that the victims are still detained over a charge of theft.

We are concerned that no action was taken by the provincial government against the senior police officers who allegedly tortured the victims for 15 days. The police had allegedly forced the victims act like dogs and bears, barking and biting each other. The medical examination conducted by the Judicial Magistrate of Kot Deji, Sindh confirms that the victims had been severely tortured. They had several torture marks on their bodies. The examination was done upon the application made by an advocate Nisar Bhanbhro. Video clips recording how the victims were tortured and humiliated, had been shown by a famous television channel, the Kawish.

According to the information we have received, the transfer of the victims to jail and the dismissal of charges were resulted from the pressure put on the authorities. However, those senior police officers involved were not investigated and imposed with sanctions. Rather, the authorities allegedly protected them from prosecution.

It is alleged that upon the instructions of the Pir Saheb Pagara, a prominent religious leader in the province, the authorities were reluctant to take action against senior police officers involved. Pir Pagara is a partner in coalition government of Pakistan; thereby he could prevent investigations against the perpetrators.

On the other hand, the unknown girl who was claimed by Shah as his daughter, had been missing. It is learned that the girl had allegedly been pressured by the police. The villagers in the area were worried about the girl’s whereabouts, there are serious concerns that she could have been killed or kept incommunicado.

SUGGESTED ACTION:
Please send letters to the concerned authorities requesting them to conduct a credible enquiry on the policemen allegedly involved in torturing and filing of false charges. The remaining charge of theft against the victims should be dropped and they should be released unconditionally, if there is no sufficient evidence. Appropriate medical treatment and compensation should also be provided to them accordingly.

To support this case, please click here: SEND APPEAL LETTER

SAMPLE LETTER

Dear _________,

PAKISTAN: No action against police officers who allegedly tortured eight persons

Name of the victims:
1. Ali Gohar 
2. Ghulam Murtaza Bhanbhro, an engineer
3. Ahmed Ali 
4. Manzoor Hussain
5. Peerano Rajar
6. Sobho Bhanbhro
7. Ali Khan Bhanbhro 
8. Meer Hassan
(The victims were living in the villages of Taluqa Nara, Janib Bhanbhro, Nihal Bhanbhro and Sadoro, District Thar, Sindh. They are presently detained at the central jail in Khairpur Mirs, Sindh)
Name of alleged perpetrators:
1. Abdul Qadir Chachar, Deputy Superintendent Police (DSP), Kot Geji town, District Khairpur Mirs, Sindh
2. Akbar Channa, Station Head officer (SHO) of Kot Deji
3. Asghar Sanjwani, Station Head Office (SHO) of Gaindaho Police Station
4. Mohammad Khan Siyal, SHO Swarah Police Station
5. Syed Mohammad Ali Shah, a resident of Nara village, Khaipure Mirs District, Sindh
Date of incident: from 22 July 2007 to present

I am writing to voice my concern regarding the continued detention of eight persons mentioned above allegedly due to false charge of theft and confessions taken by torture. I am pleased that the other two false charges against them, for rape and murder, have already been dropped. While their transfer to the central jail in Khairpur Mirs is welcomed, we are disappointed that the victims are still detained and there is no actions taken against the police officers who allegedly tortured the victims in the Kot Deji Police Station.

I am deeply concerned that the victims are still detained as a result of another allegedly false charge for theft of a motorcycle. This case, which was also filed by the same complainant, has not been dropped. I am also unaware of any credible inquiry to look into allegations that the complaint is false. I urge you to ensure that this complaint is thoroughly reviewed. Should there be no sufficient evidence against the victims, or evidence showing that the confessions are forced by torture, the charge should be dropped and they should be released unconditionally.

I am also gravely concerned by the lack of action taken against the senior police officers mentioned above. They are allegedly involved in torturing and humiliating the victims. As you are aware, these policemen have allegedly forced the victims to act like dogs and bears, barking and biting each other while they were in custody. They also allegedly chained the victims’ necks and pounded their heads into the wall, to force confession. Despite these serious allegations, the police officers involved have not been investigated or sanctioned.

I therefore urge you to use your authority to ensure that the policemen, who are allegedly involved in the filing of alleged false charges and torture of victims to force confession, are immediately investigated and sanctioned. Appropriate medical treatment, rehabilitation and compensation must also be afforded to these victims promptly while in detention. I am gravely concerned by the continued failure by the authorities to ensure the welfare of these victims.

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 Update
Document ID : UP-111-2007
Countries : Pakistan,
Issues : Torture,