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UPDATE (Pakistan): No action from the authorities of Karachi University against the alleged perpetrators of an attempted rape

September 5, 2006

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

ASIAN HUMAN RIGHTS COMMISSION - URGENT APPEALS PROGRAM

Update on Urgent Appeal 

5 September 2006

[RE: UA-258-2006: PAKISTAN: Attempted rape of a girl by the Karachi university staff and continuous impunity of the perpetrators due to protection of Pakistan Rangers; UP-159-2006: PAKISTAN: Denial of alleged attempted rape by Karachi university authority despite the culprits' confession]
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UP-172-2006: PAKISTAN: No action from the authorities of Karachi University against the alleged perpetrators of an attempted rape

PAKISTAN: Sexual assault at educational institution; impunity to perpetrators; no rule of law; no security for women
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Dear friends,

The Asian Human Rights Commission (AHRC) has received updated information about the attempted rape of a female law student by staff of the Islamic Learning Department of Karachi University on 28 July 2006 (see UA-258-2006 and UP-159-2006). The university authorities have still not filed a case against the alleged accused persons, rather are allegedly providing full protection to them on the behest of Pakistan Rangers.

The Vice Chancellor of the university first denied the incident of the attempted rape of a law student in response to an AHRC Urgent Appeal UA-258-2006 dated 2 August 2006, terming the incident as a case of misbehaviour. But when human rights organisations in Karachi investigated the incident, they reported that the attempted rape did occur. On the basis of the report the AHRC issued Urgent Appeal Update UP-159-2006 dated 10 August 2006.

In response to the second appeal and news that appeared in The News Karachi, the office of the Vice Chancellor came out with a reply on 23 August 2006 accepting the incident and saying that, "the matter of fact is that the Vice Chancellor has taken a serious notice of this issue and had ordered immediate suspension of all the people involved in the said incident.  An initial inquiry followed and a charge sheet has already been issued as per the government employment rules and procedures."

The authorities of the university had already taken more than one month to inquire about the incident after the denial from the Vice Chancellor, giving the opportunity for the perpetrators including the Pakistan Rangers to pressure the victim and her family. Because of the delay in registering the case to the police, the perpetrators have yet to receive any legal repercussions. The victim and her family have also received serious threats and are now in hiding somewhere which is not accessible to local human rights organisations.

BRIEF DETAIL OF THE CASE:

The AHRC has previously reported on 2 August 2006 regarding an alleged attempted rape of a female law student from the S.M. Law College, Miss R (name withh    eld) by three staff of the Islamic Learning Department and one student of the Department of Physics of the Karachi University on 28 July 2006 (We identified one more perpetrator based on the updated information). They are Mansoor Niaz, a senior computer operator, Zafar and Azam, employees at the Islamic Learning Department and Ash'aar, a student of Department of Physics. Even though the perpetrators were brought before Vice Chancellor Dr. Pirzada Qasim, he suspended them a few days later only after the incident was widely publicized in the newspapers, and also allegedly prevented the victim from lodging a complaint to the police station. Meanwhile, no serious disciplinary and legal action has been taken against the perpetrators due to the alleged influence from the Pakistan Rangers stationing within the university premises (See further: UA-258-2006).

According to the latest information, a local human rights organisation, the Human Rights Commission of Pakistan (HRCP), formed a fact finding team consisting of seven activists and visited the Karachi University to inquire about the incident. On August 3 and August 5, 2006, the team members interviewed several people including the victim, several students (witnesses), representatives of the university employees union and Karachi University Teachers Society (KUTS), the alleged perpetrators, officials of the Pakistan Rangers, Pro Vice Chancellor, chairperson of Islamic Learning Department of Karachi University, the Chief Examiner, teachers of the Women's Study Department of Karachi University, and activists of the Joint Action Committee.

According to the HRCP fact finding team, the two main perpetrators, Mansoor Niaz and Azam had been caught once before for a similar incident at the Shiekh Ziad Islamic University, which is located within the premises of the Karachi University. However, under the alleged influence of the Pakistan Rangers, they were later transferred to the Islamic Learning Department of the Karachi University after receiving disciplinary action.

Meanwhile, the Karachi University Authority has also commissioned an inquiry committee that consisting of the Vice Chancellor Dr. Pirzada Qasim Raza Siddiqui, Pro Vice Chancellor Dr. Akhaq, the chairperson of Islamic Learning Department Dr. Jalal, the registrar of the university, Col. Khalid Masud of Pakistan Rangers at the Karachi University along with some other members. The four alleged perpetrators reportedly confessed to their crime in written statements before the inquiry committee. This was confirmed by Pro Vice Chancellor Dr. Akhlaq, Dr. Jalal and the Chief Examiner, Dr. Firdous Rehana during the interview by the fact finding team. However, Col Khalid Masud denied the Rangers' involvement in the incident. He further said that it was now up to university authorities to take action.

However, the AHRC has received reports from several persons belonging to our network that sent their appeal letters to Vice Chancellor Dr. Pirzada Qasim Raza Siddiqui suggesting that he responded to them by e-mail and denying the incident. In his e-mail to the appealers, he said that "There was no attempt of rape of a girl by the Karachi University employees. It was simply a matter of misbehaviour of an office staff which resulted in the incident". He further denied the alleged influence from the Pakistan Rangers saying in his email that "as far as the Rangers are concern, it is clarified that they always tried to maintain discipline in a peaceful manner and in accordance with the rules and regulations".

Due to indifferent attitude of the Vice Chancellor and no serious action from the university authority, the victim is scared and is asking people not to take up her case as she is continuously under tremendous pressure from the perpetrators and others involved. She reportedly told the fact finding team that she belongs to a poor family and therefore has no power to resist such pressure and that they should not contact her, as she has no support from the university on this matter. She also reportedly told the team that she was afraid of possible attacks on her family by the perpetrators acting out of revenge.

The AHRC is seriously concerned that the delay in the investigation of this case and not filing the case to the police by the Vice Chancellor and university authorities, have only helped the perpetrators escape from their responsibility and will encourage similar abuses within the university premises in the future. The Karachi University Authority should take strong action against the alleged perpetrators and report the case to the police so that they can be held accountable for their crimes through the legal procedure. Only though this action will the university authority be able to provide effective remedies to the victim and send a strong signal to the people that it will never allow such crimes to happen again.

SUGGESTED ACTION:
Please write to the persons listed below and demand that they take action for the arrest of the perpetrators and the filing of a criminal case at the police station so that a police investigation can begin. Please also urge the university authorities to complete its inquiry as early as possible and to provide full protection to victim and her family.

To support this appeal please click here:

Sample letter:

Dear _________,

PAKISTAN: Denial of alleged attempted rape by Karachi university authority despite the culprits' confession

Name of the victim: Miss R (name withheld), student of the S.M. Law College at Karachi

Alleged perpetrators:

1. Mr. Mansoor Niaz, a senior computer operator of the Islamic
Learning Department of the Karachi University
2. Mr. Azam employee at Islamic Learning Department
3. Mr. Zafar, employee of Islamic Learning Department
4. Mr. Ash'aar, student of the Department of Physics of the Karachi University
5. Some officers of the Pakistan Rangers posted at the Karachi University premises

Date of incident: Between 1:30pm to 2:30pm on 28 July 2006 at the time of Juma prayers
Place of incident: Mr. Mansoor Niaz's office room

I am very shocked to learn that more than a month has passed and the authorities of the Karachi University have still not reported the above mentioned rape case to the police. Karachi University authorities and Vice Chancellor is taking too much time to investigate the incident of the alleged attempted rape of the female student mentioned above by four men, involving three staff of the Islamic Learning Department and one student of the Department of Physics at Karachi University on 28 July 2006.

Although the perpetrators have only been suspended, they are still allowed to visit the university daily and pressure students to stop protesting the incident. Due to the university's long delay in taking action and the pressure that the victim has experienced, her and her family have left their home and are now in hiding.

I was also informed that the four alleged perpetrators reportedly confessed to their crime in written statements before the inquiry committee of the Karachi University Authority which was formed to investigate the case. This fact was also confirmed by Pro Vice
Chancellor Dr. Akhlaq, the chairperson of the Islamic Learning Department, Dr. Jalal and the Chief Examiner Dr. Firdous Rehana during the interview by the fact finding team formed by a local NGO called Human Rights Commission of Pakistan (HRCP).

The HRCP finding team also discovered through their investigation that the two main perpetrators of this incident, Mansoor Niaz and Azam, had been caught once before for a similar incident at Shiekh Ziad Islamic University which is located within the premises of the Karachi University. However, under the alleged influence of Pakistan Rangers, they were later transferred to the Islamic Learning Department of the Karachi University after receiving disciplinary action.

Despite all this, I am very disturbed to hear that Dr. Pirzada Qasim, the Vice Chancellor of the Karachi University, is taking the matter of attempted rape very casually, even after the alleged culprits confessed to their crime. Also, in an August 23 email to several appealers who wrote to express their concern over the issue, the Vice Chancellor replied that, "the matter of fact is that the Vice Chancellor has taken a very serious notice of this issue and had ordered immediate suspension of all the people involved in the said incident. An initial inquiry followed and a charge sheet has already been issued as per the government employment rules and procedure."

I am deeply concerned by such remarks from one of the highest officials of the university, which makes me suspect the sincerity of the university authority in resolving this case. This indicates that the Karachi University Authority has no intention to resolve this case and take preventive measures to stop such abuses within the university premises. Also, the Vice Chancellor's failure to notify the police of the incident only helps the perpetrators escape from their responsibility and encourages similar abuses to take place within the university premises in the future.

I am further informed that the victim is continuously under tremendous pressure from the perpetrators and others involved. The victim and her family have also reportedly left their home and taken shelter in a hidden location.

In light of the above, I strongly urge you to take action to ensure that the police begin a thorough investigation into this case and legal action is taken against the alleged perpetrators. The investigators should also find out whether the Vice Chancellor received any pressure from outside his office that resulted in his original denial of the incident that is well known to people as unusual. The Karachi University Authority should also take strong disciplinary action against the perpetrators, report the case to the police and make the inquiry committee report public. I also urge you to ensure that an independent inquiry committee by a Judge of the High Court of Karachi investigates this case. Finally, I am concerned about the alleged influence of the Pakistan Rangers and their ability to protect the perpetrators. I therefore urge you to review their role within educational institutions and consider taking the appropriate action.

Yours truly,

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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. Ashfaq Gondal
Principal Information Officer to President of Pakistan
President Secretariat
Islamabad
PAKISTAN
Fax: + 92 51 927 008

3. 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

4. Justice Iftekhar Choudhry
Chief Justice of Pakistan
Supreme Court building
Islamabad
PAKISTAN
Fax: + 92 51 921 3452

5. Justice Sabih Uddin
Chief Justice of Sindh High Court
High Court Building
Saddar
Karachi
PAKISTAN
Fax: +92 21 921 3220
E-mail: info@sindhhighcourt.gov.pk

6. Mr. Ishrat-ul- Ibad Khan
Governor
Government of Sindh
Governor House Karachi
PAKISTAN
Tel: + 92 21 920 1201
E-mail: governor@governorsindh.gov.pk

7. Dr. Arbab Abdul Rahim
Chief Minister of Sindh
Chief Minister House
Karachi
PAKISTAN
Fax: + 92 21 9202000

8. Joint Secretary for Law, Justice and Human Rights
S Block,
Pakistan Secretariat,
Islamabad,
PAKISTAN
Tel: + 92 51 920 2819
Fax: + 92 51 920 3119

9. Dr. Peerzada Qasim
Vice Chancellor
University of Karachi
Tel: +92 21 9261337
Fax: +92 21 9261340
E-mail: vcku@cyber.net.pk

10. Ms. Yakin Erturk
Special Rapporteur on Violence against Women
Attn: Mara Steccazzini
Room 3-042
c/o OHCHR-UNOG
1211 Geneva 10
SWITZERLAND
Tel: +41 22 917 9615
Fax: +41 22 917 9006 (ATTN: SPECIAL RAPPORTEUR VIOLENCE AGAINST WOMEN)

Thank you.


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


Document Type :
Urgent Appeal Update
Document ID :
UP-172-2006
Countries :
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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.