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

ASIAN HUMAN RIGHTS COMMISSION - URGENT APPEALS PROGRAMME

Urgent Appeal Case: UP-188-2006
ISSUES: Sexual violence, Violence against women, Women's rights,

[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.]

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 case, please click here: SEND APPEAL LETTER

SAMPLE 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 seehttp://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)

Document Type : Urgent Appeal Update
Document ID : UP-188-2006
Countries : Pakistan,
Issues : Sexual violence, Violence against women, Women's rights,