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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

Document Type :
Urgent Appeal Update
Document ID :
UP-27-2001
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.