PAKISTAN: Rubina's life still in danger
August 5, 2001
URGENT ACTION URGENT ACTION URGENT ACTION
URGENT ACTION URGENT ACTION
ASIAN HUMAN RIGHTS COMMISSION - URGENT APPEALS PROGRAM
RENEWAL OF URGENT APPEAL 06 August 2001
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UP-27-2001 (RE: UP-21-2001; UA-21-2001 -
Young mother sentenced to death)
PAKISTAN: Denial of Right to Life, serious flaws in trial procedure and
questions over police brutality
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Dear Friends
This is a matter which requires your immediate attention and action.
We have discovered with dismay that despite a previous Supreme Court
stay of execution on the young Pakistani mother Robina Khan (also known
as Rubina Ansari), the sentence may still go ahead. President Musharraf
has apparently stated that the sentence could be commuted on the proviso
that the family of Ms. Hajjan Aziz Begun, aged 70, (who was allegedly
murdered by Ms. Rubina in the case) accepted the reduction in sentence.
It is now evident that the death sentence may go ahead as early as
tomorrow, unless the President issues an unconditional commution of the
death sentence on Ms. Khan.
In our earlier appeal to you we explained that Ms. Rubina is a young
mother who, due to lack of finances and education, did not have access
to adequate legal assistance. She was pregnant at the time of her arrest
and miscarried the baby due to suspected torture during detention which
Pakistani rights groups are claiming included electric shocks applied
by the police.
NEW INFORMATION
Since then, Amnesty International have stated that Ms. Rubina (who was
22 at the time of her arrest, and is now 24) "was sentenced to death on a
murder charge after pre-trial and trial procedures which appear to have
fallen short of international standards." All the evidence in the case
was circumstancial, and no evidence was provided to demonstrate that Ms.
Rubina was at the scene of the murder. There were no defence witnesses -
the trial was held in an anti-terrorism court set up to circumvent
normal court procedures for 'state security' issues. Also, in November
1999 the Lahore High Court turned down Ms. Rubina's appeal in just 30
minutes and she was not informed until too late that she was able to
appeal to the Supreme Court. Clearly the lack of access to proper legal
defence due to her financial situation, as well as her own illiteracy
have prevented her from defending herself to any reasonable degree.
The family of the victim have come under a lot of pressure regarding the
case, and have wavered backwards and forwards about whether to agree to
commute the execution. AHRC believes that relying on the whim of the
family should not be the way to determine whether a life should be
taken. The serious faults in the justice procedures, the lack of
evidence, the suspected police brutality and the lack of access to
proper legal defence should be enough reason for the Chief Executive of
Pakistan to issue an unconditional commution of Ms. Rubina's sentence.
SUGGESTED ACTION
Please quickly send a fax and/or email to President Musharraf asking him
to unconditionally commute the death sentence of Ms. Rubina Ansari,
giving the extenuating circumstances that:
- she is poor and illiterate and was unable to properly defend herself
- she was tried in a terrorist court for a non-terrorist offence based
on circumstantial evidence.
- she is a young mother, and would leave her daughter a virtual orphan
- there is reason to believe she has suffered severe torture (a claim
which is yet to be investigated by the government, police or courts).
- major human rights bodies within Pakistan and internationally have
grave problems with the trial and sentencing procedures.
SEND FAXES AND EMAILS TO
General Pervez Musharraf
Chief Executive of Pakistan
Aiwan-e-Sadar,
Islamabad, PAKISTAN
FAX: +92 051 920-1893/1835 or 4632
EMAIL: CE@pak.gov.pk
Salutation: Dear General Musharraf
