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UPDATE (Pakistan): Alleged second Jirga and political interference in case pending against murders of two girls

November 8, 2004

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

ASIAN HUMAN RIGHTS COMMISSION - URGENT APPEALS PROGRAM

Update on Urgent Appeal
8 November 2004

[RE: FA-12-2004: PAKISTAN: Girls killed for visiting grandparents without permission in another 'honour killing' on 11 May 2004; UP-23-2004: PAKISTAN: Three of the nine perpetrators were arrested but the police officer pressured politically on 27 May 2004; UP-46-2004: PAKISTAN: Jirgas and feudal lords continue undermining rule of law in Pakistan on 17 August 2004]
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UP-68-2004: PAKISTAN: Alleged second Jirga and political interference in case pending against murders of two girls

PAKISTAN: Honour killings; Rule of law; Jirgas
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Dear friends,

It has come to the attention of the Asian Human Rights Commission (AHRC) that while the murder case of two teenage girls, Aabida and Tahmeena for visiting their grandparents without permission has been pending for three months in the court, Mr. Ghous Bukhsh Khan Mahar is alleged to have headed a second Jirga to settle the case outside of the courts by way of a compensation payment to the families of the victims   (Refer to FA-12-2004, UP-23-2004 and UP-46-2004). In our previous Urgent Appeal regarding this case, the AHRC reported that two members of the national assembly, Dr Muhammad Ibrahim Jatoi, and Mr Ghous Bukhsh Khan Mahar, were allegedly behind the transfer of the police officer actively pursuing the case.

Even though three of the nine perpetrators were arrested and brought to court, the others, including the main accused, Abdul Rasheed, remain at large. Meantime, a petition has been lodged in the High Court to transfer the case out of the Anti-Terrorism Court in order that the accused may escape criminal responsibility by paying compensation.

The AHRC is also deeply concerned by the steps undertaken by the government of Sindh in order to legalize the Jirga system by introducing an ordinance entitled the Sindh Amicable Settlement of Dispute Ordinance 2004.

Concerning this serious matter, AHRC's executive director sent a letter to the President of Pakistan on 3 November 2004, urging him to take action to expedite the case against the nine accused, and investigate allegations that a cabinet minister has been behind steps to undermine the outcome. We reproduce the letter below.

The AHRC again calls for your strong support in this case.    

Urgent Appeals Desk
Asian Human Rights Commission (AHRC)
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 [A letter from the executive director of the AHRC, Mr. Basil Fernando, to the President of Pakistan]

3 November 2004

General Pervez Musharraf
President
Office of the President
Pakistan Secretariat
Islamabad
PAKISTAN

Fax:      +92 51 922 4768/ 920 1893 or 1835
Pages: 2

Dear General Musharraf,

Re: Inaction and political interference in case pending against murderers of two girls (PS New Foujidari Case No. 65/2004)

We write to you further to our most recent letter of August 18, with reference to the murder of two girls, Abida and Tahmeena Bhutto, in Sindh Province last May under the orders of a Jirga headed by Mr Abdul Rasheed Bhutto (PS New Foujidari Case No. 65/2004. The case has been lodged in the Sessions Court Shikarpur under PPC sections 302, 201, 147, 148, 149/506/2 and in the Anti-Terrorist Court Sukkur under ATA section 6/7.

Although the case is pending before these two courts, the last hearing known to us, before the Anti-Terrorist Court, was on July 20, at which time the court was still establishing procedure for the case and had not yet begun hearing evidence. Meanwhile, nine of the six respondents, including the first accused, are reported to be still at large, while a petition has been lodged in the High Court to transfer the case out of the Anti-Terrorism Court in order that the accused may escape criminal responsibility by paying compensation.

In our last letter to you, we expressed deep concern over negative developments in the case seriously inhibiting the possibility of the victims obtaining justice. To recap, our main concerns pertain to alleged political interference in the case by influential persons acting to protect the first accused. According to the information we have received, two members of the National Assembly, namely Dr Muhammad Ibrahim Jatoi, and your Minister for Narcotics Control, Mr Ghous Bukhsh Khan Mahar, were behind the transfer of the police officer actively pursuing the case, one DPO (Investigation) Fida Hussain Mastoi, on August 12. It can only be concluded from this unfortunate turn of events that police officers in Pakistan seen to be doing their jobs properly when the accused are persons with political connections are 'reewarded' by being replaced with less interested and perhaps less competent personnel.

More seriously, Mr Ghous Bukhsh Khan Mahar is alleged to have headed a second Jirga to settle the case outside of the courts by way of a compensation payment to the families of the victims, also complainants in the case, at 600,000 rupees per victim. We again note to you that although the High Court of Sindh outlawed Jirgas in April 2004, it appears that the practice continues unabated even among the highest circles of your own government. This is particularly ironic in light of the recent National Assembly decision to increase penalties for honour killings, although we note with concern that the new provisions do not prohibit the practice of compensation payments for killings under the Ordinance of Qisas and Dayat. We also condemn as a matter of principle the death sentence for any crime.

Furthermore, we are deeply concerned by steps undertaken by the state government of Sindh to undermine the judicial decision mentioned above by introducing an ordinance entitled the Sindh Amicable Settlement of Dispute Ordinance 2004. This ordinance will have the effect of legalising the Jirga system retrospectively from the date of the court's decision. This is a deeply regressive step that serves only to further undermine the rule of law in Pakistan.

Accordingly, we again urge you to take particular interest in this case in order to ensure that all of the accused men are arrested, brought to trial, and judged and sentence in accordance with the law. In particular, we request that you see the case expedited in order that the alleged perpetrators not enjoy the luxury of further time to intimidate the complainants and witnesses and distort the evidence in order to escape the consequences of their crime. We also urge you to take the necessary steps to ensure that the families of the accused are properly protected from intimidation and threats. Furthermore, we recommend that you undertake to investigate allegations that Dr Muhammad Ibrahim Jatoi, and Mr Ghous Bukhsh Khan Mahar were responsible for influencing the outcome of the case by way of having the chief investigating officer transferred and holding a second Jirga to settle the matter out of court. Finally, we urge you to take steps to override any attempts by the state authorities in Sindh to reverse the decision of the High Court there prohibiting the use of Jirgas to validate the practice of 'honour killings' through its proposed ordinance for the payment of compensation to victims' families.

Please be informed that we are taking a strong interest in this case, the outcome of which can be sure to have an effect on the international reputation of Pakistan, for better or worse depending upon the decisions that you and other persons in positions of responsibility choose to take. 

Yours sincerely

(signed)

Basil Fernando
Executive Director


SUGGESTED ACTION:
Please send a letter to the addresses below and urge them to expedite the case against nine accused, and investigate allegations of political influence on this case.

Sample letter:

Dear _________,

Re: Alleged second Jirga  and political interference in case of murders of two girls in Sindh Province (PS New Foujidari Case No. 65/2004)

I am writing to bring to your attention the murder of two teenage girls in Sindh Province, Pakistan, Aabida and Tahmeena for visiting their grandparents without permission, which took place on 4 May 2004. Although three of the nine perpetrators were arrested, the others, including the main accused, Abdul Rasheed, remain at large.

According to the information I have received, while the case is pending in the courts (Anti-Terrorist Court and Sessions Court Shikarpur) for over three months, a petition has been lodged in the High Court to transfer the case out of the Anit-Terrorism Court in order to help the accused to escape from their criminal responsibility. More seriously, Minister for Narcotics Control, Mr Ghous Bukhsh Khan Mahar is alleged to have headed a second Jirga to settle the case outside of the courts. It has also come to my attention that two members of the national assembly, Dr Muhammad Ibrahim Jatoi, and Mr Ghous Bukhsh Khan Mahar, were allegedly behind the transfer of the police officer actively pursuing the case.

Under the circumstances, I strongly urge you to act to expedite the case against the nine accused, and investigate allegations that a cabinet minister has been behind steps to undermine the outcome. All the accused must be arrested, prosecuted and punished in accordance with the law without further delay. I also urge you to ensure that the families of the victims, who are suffering from threats and intimidation, be provided full protection.  I further request the government of India to take proper action to override any attempts by the state authorities in Sindh to legalize the Jirga system against the High Court decision.

Yours sincerely,


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Send a letter to:

1. General Pervez Musharraf
President
Pakistan Secretariat
Islamabad
PAKISTAN
Fax: +92 51 922 4768/ 920 1893 or 1835

2. Hon. Mr. Ishrat-ul-Ibad Khan
Governor of Sindh Province
Governor House
Karachi
PAKISTAN
Tel: +92 21 9201201-3
Fax: +92 21 9205043
E-mail: governor@governorsindh.gov.pk

3. Hon. Mr. Arbab Ghulam Raheem
Chief Minister Sindh Province
3rd Floor, New Sindh Secretariat
Building No. 1, Karachi
Sindh Province
PAKISTAN

4. Mr. Sayed Kamal Shah
Provincial Police Officer, Sindh Police
Central Police Office
Karachi
PAKISTAN
Telephone: +92 21 9212626-7
Fax: +92 21 9212051

5. Mr. Rahoo Khan Brohi
Regional Police Officer
Sukkur Region
Airport Road, Sukkur
PAKISTAN
Tel: +92 71 30547, 30248
Fax: +92 71 30223/31824

6. Syed Sultan Shah
Joint Secretary for Law, Justice and Human Rights
Islamabad
PAKISTAN
Tel: +92 51 920 3464
Fax: +92 51 9203119

7. Ms. Yakin Erturk
Special Rapporteur on Violence against Women
OHCHR-UNOG
Palais Wilson, 8-14 Avenue de la Paix
1211 Geneva 10
SWITZERLAND
Fax: +41 22 917 9022


Thank you.

Urgent Appeals Programme
Asian Human Rights Commission (AHRC)
Document Type :
Urgent Appeal Update
Document ID :
UP-68-2004
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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.