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UPDATE (Pakistan): Gang raped mother and daughter ordered to leave their home village by the police

September 28, 2006

[NOTICE: The AHRC have developed a new automatic letter-sending system using the "button" below. However, in this appeal, we could not include e-mail addresses of some of the Pakistan authorities. We encourage you to send your appeal letters via fax or post to those people. Fax numbers and postal addresses of the Pakistan authorities are attached below with this appeal. Thank you.]

ASIAN HUMAN RIGHTS COMMISSION - URGENT APPEALS PROGRAMME

Urgent Appeal

28 September 2006
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UP-188-2006: PAKISTAN: Gang raped mother and daughter ordered to leave their home village by the police

PAKISTAN: Gang rape; caste discrimination; police intimidation; no effective police investigation; impunity; un-rule of law
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Dear friends,

The Asian Human rights Commission has received updated information regarding systemic and constant threats and intimidation by the police and local district administration against two gang rape victims (a mother and daughter) belonging to the lower caste Batti community, who were allegedly abducted and raped by the Kabirwala police and henchmen of the Federal State Minister for Law, Parliamentary Affairs and Human Rights Mr Raza Hayat Heraj. (To see details, please go: UA-297-2006 and UP-179-2006)

According to the latest information we have received from a reliable source, the main alleged rapists (as well as abductors) walk free in the area under the protection of Deputy Superintendent of Police (DSP) of Kabirwala Mr. Daud Hasnain, who is providing immunity to them. Meanwhile, the victim was terminated from the Sun Beam School, where she worked as a teacher without any valid reason. It is alleged that the concerned federal state minister and the local administration of Khanewal influenced her termination.

The AHRC was also informed that the DSP Mr. Daud Hasnain, who allegedly aided the escape of the alleged perpetrators during the raid on the house, where the victims were kept and raped over a period of 12 days on September 5, is still manipulating the story of the incident. He also replaced the Station Head Officer (SHO) of Saddar police station with Sub Inspector Mr. Abrar Gujjar who is the relative of Mr. Mohammad Nawaz, the main perpetrator and henchmen of the minister. 

In addition, the newly appointed SHO and DSP Mr. Daud Hasnain called the victim and her father to the Saddar police station on September 23 and allegedly told them to leave the area immediately otherwise the entire family would face dire consequences. They were told that this was the instructions of the concerned minister.

The minister's younger brother Mr. Akbar Hayat Hiraj is the district mayor of Kabirwala, and is allegedly using his authority to protect the alleged perpetrators. The concerned minister Mr. Raza Hayat Hiraj has not visited his home town or electoral constituency since this incident because he fears some backlash from the villagers.

Due to systemic threats and inaction from the police as well as harassment from the district administration, who are collaborating the alleged perpetrators, the victims and their family have been denied justice for their case and, under tremendous pressure, are being forced to leave their home.  

BRIEF REMINDER OF THE CASE:

Miss Ghazala Shaheen, who is from lower caste Batti community completed her M.A. in Education from Baha uddin Zakaria University against the wishes of the upper caste Mirali, was allegedly kidnapped together with her mother by the Kabirwala police and 12 persons associated with the Minister of State on Law, Parliamentary Affairs and Human Rights on 25 August 2006. Both of the victims were gang raped by the abductors and rescued 12 days after by the local villagers. Three of the abductors, who are believed to be the henchmen of the concerned federal minister of state, were caught by the villagers at that time.

It is alleged that the victims were pressured by the police not to tell of their incident to anyone; they include Superintendent of Police of Khanewal Mr. Shahid Anees, Deputy Superintendent of Police Circle of Kabirwala Mr. Daud Hasnain, and Station Head officer of Saddar police station Mr. Mehboob Rabbani. It is alleged that the concerned minister called the police and instructed them not to allow the women to say they were gang raped in their statement.

To date, the police have not registered any case against the alleged perpetrators who are at large, despite all the evidence. Police also released the minister's guard and another person who were caught during the local people's raid on the house. (See further: UA-297-2006 and UP-179-2006)

SUGGESTED ACTION:
Please write letters to the concerned authorities as mentioned below urging them to immediately intervene in this case and provide the victims full protection from the alleged perpetrators and to take legal action against the alleged perpetrators including the high officials of the police.

To support this appeal, please click:

Suggested letter:

Dear ___________,

PAKISTAN: Gang raped mother and daughter ordered to leave their home village by the police

Name of the victims:
1. Miss Ghazala Shaheen, daughter of Mr. Muhammad Hussain Battiresidents
2. Ms. Mumtaz Mai, wife of Mr. Muhammad Hussain Battiresidents, victim 1's mother
3. Mr. Muhammad Hussain Battiresidents of Moazo Chah Hashim Wala, Chak Sher Khan, Kabirwala town, Khanewal district, Pakistan (beaten by the alleged perpetrators)
Alleged perpetrators:
1. Muhammad Nawaz (main suspect), the alleged right-hand man of the Sate Minister for Law, Parliamentary Affairs and Human Rights
2. Nazar Mummad, Abbas, Azhar, Wajid and Ghazanfer, the alleged henchmen of Minister of the Sate Minister for Law, Parliamentary Affairs and Human Rights
(The two are residents of Mirani, Sarai Sadho police station, Tehseel Kabirwala, Punjab, Pakistan)
3. Mr. Raza Hayat Hiraj, Minister of State on Law, Parliamentary Affairs and Human Rights
4. Mr. Muhammad Ali, Deputy Inspector General-Multan Range
5. Mr. Shahid Anees, Superintendent of Police of Khanewal district
6. Mr. Daud Hasnain, Deputy Superintendent of Police Circle Kabirwala
7. Mr. Abrar Gujjar, Sub Inspector, the newly appointed Station Head Officer of the Saddar police station, Kabirwala town and the relative of the alleged perpetrator 1.  
8. Mr. Akbar Hayat Hiraj, district mayor of Kabirwala and the brother of the concerned minister Mr. Raza Hayat Hiraj
Date of incident: from 25 August to 5 September 2006
Place of incident: Chak Sher Khan, Kabirwala town, Khanewal district, Punjab, Pakistan

I am writing to express my deep concern regarding systemic and constant threats and intimidation by the police and local district administration against two gang rape victims (the mother and the daughter) belonging to lower caste Batti community, who were allegedly abducted and raped by the Kabirwala police and henchmen of the Federal State Minister for Law, Parliamentary Affairs and Human Rights Mr Raza Hayat Heraj.

I am so disturbed to learn that the main alleged rapists (as well as abductors) walk free outside under the protection of Deputy Superintendent of Police (DSP) of Kabirwala Mr. Daud Hasnain, who is providing the shelter to them. I was also informed that the DSP Mr. Daud Hasnain, who allegedly helped escaping of the alleged perpetrators during the raid on a house where the victims were kept and raped for 12 days on September 5, replaced the Station Head Officer (SHO) of Saddar police station with Sub Inspector Mr. Abrar Gujjar who is the relative of Mr. Mohammad Nawaz, the main perpetrator and henchmen of the minister. 

I am also shocked to learn that the newly appointed SHO and DSP Mr. Daud Hasnain threatened the victim and her father at the Saddar police station on September 23 and told them to leave the town immediately otherwise the entire family would face dire consequences. They also said that this is the instruction of the concerned minister.

I was also informed that the minister's younger brother Mr. Akbar Hayat Hiraj, who is the district mayor of Kabirwala, is allegedly using his authority to protect the alleged perpetrators. The victim was terminated from the Sun Beam School, where she worked as a teacher without any valid reason and it is alleged that her termination is caused by influence from the concerned federal state minister and the local administration of Khanewal.

Due to systemic threats and inaction from the police as well as harassment from the district administration, who are collaborating the alleged perpetrators, the victims their family are denied justice for their case and, under tremendous pressure are being forced to leave their home. To date, the police have not registered any case against the alleged perpetrators who are at large, despite all the evidence. Police also released the minister's guard and another person who were caught during the local people's raid on the house.

In light of above, I strongly urge you to ensure that a judicial inquiry is instituted in the alleged gang rape case and subsequent threats to the victims, concerning the fact that a highest government officer (the minister) is allegedly involved in this case.  I also urge you to order a prompt and thorough inquiry into the alleged systemic threats by the police including DSP Mr. Daud Hasnain and take proper action against them. The inquiry must be assigned to an independent agency not by the local police considering their deliberate delay of the investigation into the case and collaboration with the perpetrators. The alleged perpetrators should be arrested immediately and the case should be registered against them. I further urge you to immediately provide full protection to the victims and their family. Adequate compensation should be provided to the victims as well.

I would like to remind you that if such incident occurred in developed countries where the rule of law is upheld, the concerned minister and several other higher government officers would have been already dismissed. The response from the Pakistan government to this incident will be a clear indicator to the international community as to whether Pakistan is the country where the rule of law and human rights are upheld or where the rule of jungle prevails.     

Yours sincerely,

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

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

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

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

7. Choudhry Pervez Ihhahi
Chief Minister 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. Ms. Yakin Erturk
Special Rapporteur on Violence against Women
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)


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Document Type :
Urgent Appeal Update
Document ID :
UP-188-2006
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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.