PAKISTAN: A woman health worker raped and forced by police to withdraw her complaint‏

ASIAN HUMAN RIGHTS COMMISSION – URGENT APPEALS PROGRAMME
Urgent Appeal Update: AHRC-UAC-048-2011
28 February 2011

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ISSUES: Rape; violence against women; impunity; rule of law

Dear friends,

The Asian Human Rights Commission (AHRC) has received information that a lady health worker, a government employee, was raped by a notorious gangster with the help of two police informers. The First Information Report (FIR), a criminal case for legal proceedings was lodged by the police intentionally after five days of the attack in order to destroy the evidence. The police, instead of filing a rape case, filed a case of attempted rape so that perpetrators could not be tried for committing the heinous crime. The high raking police officers of the concerned district are coercing the victim to settle the case with perpetrators.

The alleged rapist was arrested for attempted rape but the police informers, who restrained the woman and who had beaten her during the rape, are enjoying the protection of the police.

CASE NARRATIVE:
Rehana Malik, 30, a lady health worker at Civil Hospital, Digri town, Mirpurkhas district, Sindh province, also an employee of the health department of the government of Sindh, was raped in her house while her husband was out for his daily job. On December 9, 2010 at 8 pm three police informers and gangsters entered her house, locked her children in a room and one gangster, Gulzar Arain, who is known to run a drug den, overpowered and raped the victim with the help of two police informers, Shahid Jat and Shoukat Jat. The attackers also injured her during the rape and stole Rs. 85,000. (USD 1000) and jewelry of the same amount. The perpetrator, Arian raped her while the two accomplices held her hands and legs for the rape. After the rape the attackers threatened her that if she went to the police she would be raped in an open place.

However, after the incident she went to Digri police station at 9.30 pm where she was told by the station house officer (SHO), Mr. Zulfiqar Khoso that as it was night nobody could record her statement and to come back the next day. She returned and spent the whole next day trying to file her report but in the evening was told that she should go back to home and the police station would send someone to see her. In the meanwhile news of the rape was reported in the media. The police telephoned her to come to the house of Haji, an influential person of the town. There she found that police officials were also present. Haji and police officials pressured her to accept Rs. 10,000 (USD117) as compensation which she refused. One of the police officials, Munawar, the assistant sub inspector (ASI) took her signature on a plain paper forcefully saying he would make an application on her behalf. She asked the police officials to file a case of rape so that she could have a medical report.

It was only after five days of her rape, on December 13, that the FIR was filed. However, the FIR only mentioned that it had been an attempted rape. The report that Rehana had made mentioned that the accused person, Arain, actually raped her but this version was rejected by the SHO. The police cleverly deleted the names of the two other police informers from the FIR. She was given permission to have her medical checkup but as per their intention, any evidence of the assault had then been lost. On December 14, the SHO of Digri police station visited her house and pressured her to withdraw the case of rape against the perpetrators otherwise she would face problems for her family. On January 21, 2011, a human right activist, Hasrat Leghari, had written an application on behalf her to the Chief Justice of Pakistan, the president, the prime minister and other authorities. On February 22, she was asked to come to police station and record her statement. But once again the police refused to take her statement and created their own. In the meantime the accused person, Arain, was arrested on the charges of attempt to rape her but the two police informers were not arrested. An application from the victim was moved to the Session Court of Mirpurkhas district that the police were providing protection to the perpetrators. On receiving her application the session judge rejected the bail application of the accused person.

On February 26, Mr. Zulfiqar Mehar, the district police officer (DPO), the highest police officer of the district, also tried to coerce her to withdraw the case and said she would not get any positive response in the case. He further told her that the perpetrators would take revenge against her in the future.

Send an appeal letter

ADDITIONAL INFORMATION:
Mrs. Rehana was working as health officer in Digri town at civil hospital since 2006 and has become popular in the neighbourhood for her work. Gulzar Arain, the gangster and police informer had been stalking her since 2009 whenever she went out for field work. He demanded that she have sex with him otherwise she would face dire consequences. On November 22 the accused person came to her house in the absence of her husband along with the two police informers, Shoukat and Shahid, and threatened that if she did not agree to have sex with him he would come and rape her so that she could not be able to show her face to the people. She reported this to the police but in typical fashion the police told her to come back if and when the crime was committed as before that they could not go against him.

Her husband is a labourer and has to go to another town for his job.

SUGGESTED ACTION:
Please write letter to the authorities to take action against the police officials of Digri town and the district police officer (DPO) of Mirpurkhas district for providing protection to the perpetrators of the rape. Also urge them to provide protection to the victim and her family and prosecute the perpetrators.

The AHRC is writing a separate letter to the UN Special Rapporteur on the Question of violence against women calling for his intervention into this matter.

To support this appeal, please click here:

SAMPLE LETTER:

Dear ___________,

PAKISTAN: A lady health worker raped and forced by police to withdraw her complaint

Name of victim: Mrs. Rehana Malik, wife of Gulhassan, a lady health worker, resident of Digri town, district Mirpurkhas, Sindh province

Names of alleged perpetrators:
1. Mr. Gulzar Arain, police informer and gangster, resident of Goth Ganga Ram (goth Bagan wali), Digri, Sindh province
2. Mr. Shaukat Jat, police informer, Resident of Goth Ganga Ram (goth Bagan wali), Digri, Sindh province
3. Mr. Shahid Jat, police informer, Resident of Goth Ganga Ram (goth Bagan wali), Digri, Sindh province
4. Assistant Sub Inspector, Munawar, Digri police station, Digri town, Sindh province
5. Sub-Inspector Zulfiqar Khoso, Station Headquarter Officer (SHO), Digri police station, Digri town, Sindh province
6. Mr. Zulfiqar Mehar, District Police Officer (DPO), Mirpurkhas, Sindh province

Date of incident: 9 December 2010
Place of incident: Digri town, Mirpurkhas district, Sindh province

I am writing to voice my deep concern regarding the rape of a lady health worker by a police informer and his accomplices and the support that the police are providing to the perpetrators.

I am appalled to know that a lady health worker of government of Sindh was raped by the police informer and gangsters but police have taken no action and not a single man was arrested on the rape charges. The two accomplices of the accused person are free and threatening the victim. The high police officials including DPO are using their official positions to influence the victim to withdraw her case against the perpetrators. This is very shameful act by the police whose duty is to protect the citizens from crime.

Rehana Malik, 30, a lady health worker at Civil Hospital, Digri town, Mirpurkhas district, Sindh province, also an employee of the health department of the government of Sindh, was raped in her house while her husband was out for his daily job. On December 9, 2010 at 8 pm three police informers and gangsters entered her house, locked her children in a room and one gangster, Gulzar Arain, who is known to run a drug den, overpowered and raped the victim with the help of two police informers, Shahid Jat and Shoukat Jat. The attackers also injured her during the rape and stole Rs. 85,000. (USD 1000) and jewelry of the same amount. The perpetrator, Arian raped her while the two accomplices held her hands and legs for the rape. After the rape the attackers threatened her that if she went to the police she would be raped in an open place.

However, after the incident she went to Digri police station at 9.30 pm where she was told by the station house officer (SHO), Mr. Zulfiqar Khoso that as it was night nobody could record her statement and to come back the next day. She returned and spent the whole next day trying to file her report but in the evening was told that she should go back to home and the police station would send someone to see her. In the meanwhile news of the rape was reported in the media. The police telephoned her to come the house of Haji, an influential person of the town. There she found that police officials were also present. Haji and police officials pressured her to accept Rs. 10,000 (USD117) as compensation which she refused. One of the police officials, Munawar, the assistant sub inspector (ASI) took her signature on a plain paper forcefully saying he would make an application on her behalf. She asked the police officials to file a case of rape so that she could have a medical report.

It was only after five days of her rape, on December 13, that the FIR was filed. However, the FIR only mentioned that it had been an attempted rape. The report that Rehana had made mentioned that the accused person, Arain, actually raped her but this version was rejected by the SHO. The police cleverly deleted the names of the two other police informers from the FIR. She was given permission to have her medical checkup but as per their intention, any evidence of the assault had then been lost. On December 14, the SHO of Digri police station visited her house and pressured her to withdraw the case of rape against the perpetrators otherwise she would face problems for her family. On January 21, 2011, a human right activist, Hasrat Leghari, had written an application on behalf her to the Chief Justice of Pakistan, the president, the prime minister and other authorities. On February 22, she was asked to come to police station and record her statement. But once again the police refused to take her statement and created their own. In the meantime the accused person, Arain, was arrested on the charges of attempt to rape her but the two police informers were not arrested. An application from the victim was moved to the Session Court of Mirpurkhas district that the police were providing protection to the perpetrators. On receiving her application the session judge rejected the bail application of the accused person.

On February 26, Mr. Zulfiqar Mehar, the district police officer (DPO), the highest police officer of the district, also tried to coerce her to withdraw the case and said she would not get any positive response in the case. He further told her that the perpetrators would take revenge against her in the future.

I am shocked to know that police are turning the case into attempt to rape just to save the police informer and drug peddlers. These types of crimes are happening daily in Pakistan because there is no effort from the government to make reforms in the policing system and make it accountable in the law. The police find it easy to manipulate the cases in their own favour to save perpetrators.

I urge you to prosecute all the police officials who are turning the case of rape in to attempt to murder and threatening victim to take back her case. Please also provide security and protection to the victim and her family and also register a case of rape against the perpetrators.

Yours sincerely,

—————-
PLEASE SEND YOUR LETTERS TO:

1. Mr. Asif Ali Zardari
President of Pakistan
President’s Secretariat
Islamabad
PAKISTAN
Tel: +92 51 9204801/9214171
Fax: +92 51 9207458
Email: publicmail@president.gov.pk

2. Mr. Syed Yousaf Raza Gilani
Prime Minister of Pakistan
Prime Minister House
Islamabad
PAKISTAN
Fax: + 92 51 9221596
E-mail: secretary@cabinet.gov.pk

3. Syed Qaim Ali Shah
Chief Minister
Karachi, Sindh Province
PAKISTAN
Fax: +92 21 920 2000
E-mail: pppsindh@yahoo.com

4. Mr. Syed Mumtaz Alam Gillani
Federal Minister for Human Rights
Ministry of Human Rights
Old US Aid building
Ata Turk Avenue
G-5, Islamabad
PAKISTAN
Fax: +9251-9204108
Email: sarfaraz_yousuf@yahoo.com

5. Mr. Muhammad Ayaz Soomro
Minister for Law, Parliamentary Affairs & Criminal Prosecution Service
Sindh Assembly Building,
Court road, Karachi, Sindh province
PAKISTAN
Fax: +92 21 9211982
E-mail: secy.law@sindh.gov.pk

6. Chief Justice of Sindh High Court
High Court Building
Saddar, Karachi
Sindh Province
PAKISTAN
Fax: +92 21 9213220
E-mail: info@sindhhighcourt.gov.pk

7. Ms. Nadia Gabol
Minister for Human Rights
Government of Sindh,
Pakistan secretariat, Barrack 92,
Karachi, Sindh Province
PAKISTAN
Fax: +92 21 9207044
Tel: +92 21 9207043 +92 21 9207043 +92 21 9207043 +92 21 9207043 +92 21 9207043 +92 21 9207043 +92 21 9207043 +92 21 9207043
E-mail: lukshmil@yahoo.com

8. Dr. Faqir Hussain
Registrar
Supreme Court of Pakistan
Constitution Avenue, Islamabad
PAKISTAN
Fax: + 92 51 9213452
E-mail: mail@supremecourt.gov.pk

9. Inspector General of Police
Police Head office, I. I. Chundrigar road
Karachi, Sindh Province
PAKISTAN
Fax: +92 21 9212051
E-mail: ppo.sindh@sindhpolice.gov.pk

Thank you.

Urgent Appeals Programme
Asian Human Rights Commission (ua@ahrc.asia)

Send an appeal letter
.

Women March From Hyderabad to Karachi

For Peace, Justice, Equality!

Network for Women’s Rights is Marching from Hyderabad to Karachi on 8th March to 9th March, with our sisters who are against violence and ill treatment from the society.

8th March at 10am
A colourful programme will be held at Sindh Museum Hyderabad, Social Democratice Women Organization, Chori Workers, Hamdam Development Organization and Bonded Labour Organization. South Asian Partnership and Pakistan Institute of Labour Education Research.

March will start at 12.30pm to Tando Mohammed Khan
At 2pm the March will attend the 8th March programme organized by Nari Welfare Organization.
Some women will join the March.

Women will march 4pm to Mir Pore Bethero
Welcome by SPO organization and women from this area
Will attend a folk musical programme

At 6pm March will proceed to Sajawal
At Sajawal, women will meet each other and sing geet and songs
Discuss issue and stay the night there
The host organization will be Women Industrial and Social Organization

On 9th March, after breakfast women will march to Mirpor Sakro
At 11am, SPO area organization will welcome the marching women to attend the women programme and participate in it till 1pm.

At 1pm the March will start toward Karachi
For Regent Plaza where Aurat Foundation and other organization will wait
For the Rally to Press Club

All the way women will hold Banners listing their demands
Beat drums and other musical instruments
Some women will perform dance

For more information contact:
saleha_athar@yahoo.com

Judge humiliates teenage rape suvivor in open court

Posted by: “Taimur Rahman” 175286@soas.ac.uk redpak2000
Sat Mar 28, 2009 4:05 am (PDT)

The attitude of a Pakistani judge toward a teenage gang rape victim
has caused widespread outrage, throwing the training of the country’s
judicial figures into question. On March 25, 2008, additional
district and sessions judge Nizar Ali Khawaja conducted the trial of
four men who allegedly gang-raped 13-year-old Ms Kainat Soomro in
2007, over a three day period in Dadu district, Sindh. The girl, who
was expecting an in-camera trial (one in the judge’s private
chambers), was asked by the judge to describe and even demonstrate
her rape in detail in front of the accused, Mr Shahban Sheikh, Mr
Sheikh Ehsan, Mr Roshan Aleem and Mr Kaleemullah, all influential men
who have all allegedly threatened and bribed Somroo’s family to
settle out of court. About a hundred spectators were also present,
according to court journalists. “The room was jam-packed, people
crowding at the back because everyone knew it was a rape case.” noted
a reporter from TheNews International.

Although public prosecutor Mr Maroof, asked that anyone unrelated to
the case be told to leave, the judge sided with the defense counsel,
which argued that he had no legal obligation to bar citizens from an
open court. According to journalists and the prosecution, the cross-
examiners and judge started to ask a string of invasive questions
about the rape, which the teenager, who has had an extremely
sheltered, conservative upbringing, struggled with. Sources at the
trial noted that she was asked when certain items of clothing were
removed, and exactly what actions were done to her when. When the
girl replied, in a few instances, that she couldn’t remember and felt
out of her senses (having fainted), the judge berated her; speaking
harshly about reports made by her family to the media. Witnesses have
noted that he appeared to enjoy the invasive nature of the questions
and the humiliation of the girl.

Objections from the special public prosecutor and assisting lawyers
triggered an argument with the defense; the judge simply quelled them
with a warning and adjourned the hearing to a later date, according
to the Daily Dawn. In the years leading up to this trial the family
have been forced to leave their home town due to threats, and have
fought fiercely to get the case this far (police originally refused
to register the FIR and public and media pressure saw it taken up).

Since the Women’s Protection Act in 2006 reformed the law surrounding
rape cases, more women have been encouraged to use the legal system,
but the experience continues to be harrowing, partly due to the
attitudes of those within it. Pakistan is already a harsh,
patriarchal environment for women and this is no different within the
courts.

“Judges have not been trained or sensitized to gender issues,” says
former Supreme Court Judge Nasir Aslam Zahid, who now runs the Legal
Aid Office for women and children in prison in Sindh. “They say: ‘how
is this woman allowed to come to court?’ The law has been made by
men, courts are men, police are all male and when a court case
involves a women, everything is against that woman.” This attitude is
a big deterrent; judicial and police figures are often unresponsive
to female victims reporting crimes. Others go further: figures for
the physical abuse of women in custody are high (117 were reported
last by the Aurat Foundation but the number unreported cases are
thought to be much greater). Female victims of rape or domestic
violence are frequently too scared to go to court or seek redress,
and so their general situation gets no better.

Soomro’s case is just another warning cry, reminding Pakistan’s women
not to expect justice or fair treatment in court.

The cabinet of President Asif Ali Zardari considers itself committed
to women’s issues in Pakistan, but to be truly committed it must
assess and take stronger measures. Just as police should be taught to
deal professionally with sexual and gender-based violence, judges
clearly need training so that they abandon old prejudices and are
able to act humanely towards victims.

This is an obligation, rather than a choice. States are duty bound to
protect and promote the rights of women and children under
international human rights law. Pakistan has ratified the UN
Convention on the Rights of the Child, and the Convention on the
Elimination of All Forms of Discrimination against Women (CEDAW),
which among other things, obliges it to protect those under the age
of 18 “from all forms of physical or mental violence… negligent
treatment, maltreatment or exploitation” and “take appropriate and
effective measures to overcome all forms of gender-based violence,
give adequate protection to all women and respect their protection
and dignity.”

When a judge cannot or does not show himself able to do this in his
court for the most vulnerable of plaintiffs, one wonders what he is
doing in the profession in the first place.

[cmkp] Digest Number 1799

No action taken to recover 18 year old

FOR IMMEDIATE RELEASE
AHRC-STM-024-2009
February 2, 2009

A Statement by the Asian Human Rights Commission

PAKISTAN: No action taken for the recovery of an 18 year old girl who was raped and kidnapped by the relatives of a minister

An 18-year-old girl, Ms R, of Pathan Mohalla, Mithiani, Tehsil and district Naushahro Feroz, Sindh province, trafficked to a family through marriage, has been raped by her father-in-law and other male members of his family for a period of almost one month. After she managed to escape, a Jirga (illegal court) was held and they ordered that the girl be returned to her parents. However, a second Jirga, conducted by Mr. Noorul Khan Bhurt, nephew of a Provincial Minister on Livestock, ordered that she be returned to her husband and his family on the basis that the girl’s parents had accepted money in exchange for the girl’s marriage. With the order of the second Jirga, the girl was kidnapped on October 21, 2008 and since that date her whereabouts remain unknown. Because of the involvement of the Provincial Minister the police are not taking action against the abduction and continuous rape of the girl. Please refer to our urgent appeal AHRC-UAC-008-2009 (A girl was raped and kidnapped by the relatives of a minister and her whereabouts are unknown).

After the passing of more than three months the Sindh provincial government has not taken any action to recover the girl from the clutches of the relatives of the Minister and his family. The safety and security of, not only Ms. R, but all the people under their jurisdiction is the prime duty of the provincial government. However, instead of living up to this responsibility government is instead protecting the minister and his henchmen. It is also reported that after the issuance of the urgent appeal from the AHRC, the Mithiani police station, whose station house officer was allegedly involved in providing safe passage to the abductors, has contacted the parents of the girl and threatened that if they continued to involve the minister and his nephew they would be arrested on murder charges. As per the details given in the aforementioned UA one of the attackers that raided the house of Ms. R’s family was shot dead.

The Asian Human rights Commission urges provincial government to recover the girl from the abductors and respect her rights provided by the International Covenant on Civil Political Rights (ICCPR), to which Pakistan is signatory. It is obligatory for the government to follow the covenant and protect the life of each and every citizen without discrimination. The government must take stern action against the perpetrators and their henchmen regardless of their positions in the government, their power or their wealth. Pakistan has also ratified the Convention on the Elimination of All Forms of Discrimination against women (CEDAW) but has avoided implementing the convention in its true spirit. Taking the path of least resistance it is keeping the existing political system running because of the powerful feudal lords and tribal leaders who hold Jirgas against women.

ahrchk.net

PAKISTAN: Police forced to release eight women and four children after holding them as hostages for 16 days – arrestees allegedly manhandled by officers in captivity

AHRC-STM-316-2008
December 11, 2008

A Statement by the Asian Human Rights Commission

PAKISTAN: Police forced to release eight women and four children after holding them as hostages for 16 days – arrestees allegedly manhandled by officers in captivity

The Sindh police have at last early this morning released the eight women and four children whom they took hostage in order to secure the surrender of a suspected bandit. The illegal arrest and detention of the women and children were apparently ordered by top ranking officials of the Sindh police. The victims were held incommunicado, allegedly manhandled during custody and were moved constantly. Only one meal a day was provided and the children are unwell with fevers and dehydration.

The Asian Human Rights Commission closely followed the case which exposed the criminal acts and working of the police and constantly urged the police to release the arrestees. Yesterday, December 10, the AHRC sent an application to the chief justice of Sindh high court asking for a sou moto action to ask police to release the hostages and also take action against the police for keeping them in illegal detention. However, before the honourable chief justice of Sindh could take action the police has released them.

The police officers allegedly involved in the heinous crimes of arbitrary arrest, illegal detention and physical abuse of the arrestees are: Mr. Sana Ullah Abbasi, Deputy Inspector, Hyderabad region, Mr. Ghulam Nabi Memon, District Police Officer, Hyderabad District, Mr. Rukhsar Khawarh, District Police Officer, Nawab Shah, Mr. Azeem Tunio, District Police Officer of Tando Allahyar, Mr. Hussain Bux Dal, Deputy Superintendent of Police, Tando Allahyar, Mr. Jam Qurban Mallah, Station House Officer (SHO) Tando Jam and Mr. Usman Laghari, ex- SHO of Tando Allahyar along with other officials of the Sindh police.

The AHRC condemns the action of the Sindh police in keeping innocent women and children in illegal detention for 16 days and making them hostage in return for the surrender of a suspected bandit. The act of the Sindh police is no better than the behaviour of the bandits, or dacoits that take people hostages for ransom. The police are duty bound to implement the law, not to violate the law or take it into their own hands. How can the criminals be expected to mend their ways when they see the police acting in contradiction of the law they have sworn to protect.

The Sindh government must share the responsibility for this same crime which was carried out by their own police officers as they took no notice of the abduction of 12 innocent persons. The question that arises now is to how the provincial government can keep or maintain the rule of law and order when it allows powerful people to break it with seeming impunity. The fact that the real criminals in this case are high ranking police and government officers makes it very much worse.

The AHRC urges President Mr. Asif Zardari to take strong action against the police officers responsible for this act and bring them before the law. Immediate inquiries must be made as to, not only how this was allowed to happen, but why little or no action was taken to rectify the situation. The victims should be offered medical assistance and compensated for their ordeal.

Posted on 2008-12-11

ahrchk.net

TV channels’ suspension an outrage, violates freedom of expression: HRCP

Press release, November 18, 2008

LAHORE: The Human Rights Commission of Pakistan (HRCP) has expressed grave concern at two independent news channels being taken off air in Sindh on Monday and called the action an “unpardonable attack on freedom of expression”.

A statement issued by the Commission on Tuesday said:

“The suspension of transmission of two private sector news TV channels in Sindh yesterday was obviously the result of strong arm tactics against cable operators by people in authority, and this at a time when the anniversary of curbs imposed on one of the channels last year was being observed.

“Both the federal and provincial governments have denied involvement in the suspension reminiscent of similar practices last year by General Musharraf’s dictatorial regime. The government cannot absolve itself of responsibility simply by saying that it was not behind the suspension. It must also ensure that no one else can do that. In a country where blocking transmission of illegal FM radio stations run by religious fanatics takes the government years, it is disconcerting to note the ease with which officially authorised news channels can be muzzled.

“There are legal ways to address any grievances against the TV channels without resorting to such unpardonable attacks on freedom of expression.”

Iqbal Haider
Co-chairperson

hrcp-web.org

Zardari directs arrest of Tasleem Solangi’s killers

Shaheed Bibi Tasleem Solangi

ISLAMABAD:

President Asif Ali Zardari on Wednesday directed the Sindh government to arrest the culprits involved in the Tasleem Solangi murder case and a report be submitted to him within 24 hours.

Earlier, Nafeesa Shah was assigned the task to probe the matter.

thenews.com.pk

Send an Appeal Letter for Three Minors Handed Over to an Honor Killer

21 October 2008

PAKISTAN: Three girls handed over to a man who killed his wife on the pretext of honour killing as compensation

Dear Friends,
The Asian Human Rights Commission (AHRC) has received information that a man who killed his second wife for allegedly having an illicit relationship with another received impunity on the pretext of an honour killing by the ‘Jirga’, the illegal tribal justice system on October 20, 2008. The Jirga has also ordered the other party who allegedly had the relationship with the deceased wife to hand over three girls together with 20 buffaloes as compensation to the husband. Police arrested the killer but soon released him and have respected the decision of the Jirga.

CASE DETAILS:
According to the information received, Mr. Sher Dil Jatoi, 62 years old, killed his second wife in an honour killing for allegedly having an illicit relationship with a person named Mr. Shahoo Jatoi. The honour killing occurred in August this year. Based on this case, Mr. Mir Hassan Jatoi, one of the chiefs of Jatoi tribe, a powerful tribe in the area held a ‘Jirga’, a court which has been declared as illegal and unconstitutional by the Supreme Court, at Lucky Ghulam Shah, Shikarpur district, Sindh province on October 20, 2008 in order to make a decision on the murder case.

Several elites of the Jatoi tribe who have remained in power in both the military and civilian governments took part in the Jirga. The decision said Sher Dil Jatoi was the victim of honour and innocent in killing his second wife. It further said, “as Shahoo Jatoi developed the illicit relationship with the wife of Sher Dil Jatoi, Sher Dil had the right to murder his wife. Shahoo Jatoi was order to compensate Sher Dil by handing over his three minor daughers”. Since Shahoo has only one girl, a 10-year-old daughter, the Jirga decided that the brothers Mr. Miro Jatoi and Mr. Khanan Jatoi should give their daughters of ages between 13 and 11 years to Sher Dil. Besides, it also ordered Shahoo’s family to deliver 20 buffaloes, costing more than 100,000 rupees (around USD 1,400) each, as a fine for having the relationship.

When this incident took place, the people in the area were resentful and pressured the police to arrest him as he was known as a habitual killer of his wives. Due to the pressure, the police arrested and kept him in the police custody but released him after 15 days as the people’s feelings settled down after his arrest. Dr. Ibrahim Jatoi, the chief of the tribe and former minister in the regime of General Zia Ul Haq helped Sher Dil to be released in 2001 when he killed his first wife also on the pretext of an honour killing.

ADDITIONAL INFORMATION:
It is reported that more than 100 women are murdered on the pretext of honour killings in Sindh province where the areas bordering Balochistan province. The tribal traditions of killing women on the pretext of honour killings are a common practice as the tribes having a great deal of influence in the area. Four districts are under this tradition.

According to the report made by the Commission on Women, killings are carried out by men to protect their family’s honor for so called immoral behavior such as sex outside marriage, taking to or dating men, being a victim of rape and even bad cooking skills.

The AHRC has continued reporting the cases where prime perpetrators are provided of impunity by the decision of the ‘Jirga’. Please refer to AHRC-UAC-215-2008, AHRC-UAC-193-2008 and AHRC-UAC-182-2008.

SUGGESTED ACTION:
Please write letters to the authorities urging them to investigate the case of killing and take necessary action to ensure that the perpetrator is brought before the court and those three girls are immediately brought to their parents.

Please be informed that the AHRC has also written separate letters to the UN Special Rapporteur on Violence against Women calling for intervention in this case.

To support this appeal, please click here:
SEND AN APPEAL LETTER

Indignation against ‘karo-kari’ a positive sign

By Khadijah Shah

Jacobabad, Pakistan: Despite tall claims made by successive governments, the state of women in the country, particularly in Sindh remains unchanged where nearly 250 women are executed in the name of honour every year. Honour killing is the name given to murders where the offender claims the victim, usually a woman, has brought his family into disgrace.

In many cases, the victims held properties that the male members of their families did not wish to lose if the women chose to marry outside the family. Unfortunately, most such cases went unreported in the past. But a new trend of reporting such matters to the relevant authorities is emerging fast.

On Friday, a man lodged an FIR against his father accusing him of killing his innocent teenaged daughter on the pretext of karo-kari in Lal Khan Panhor village in Thul.

Thirteen-year-old Hanifan was at her home when her father, suspecting her of having an affair with her cousin, Mohammad Salah Banglani, strangled her to death. Later, the man, Mohammad Khan, surrendered himself to the Thul police and confessed to having killed his daughter.

Consequently, the victim’s brother, Araz Mohammad, lodged an FIR against his father stating that his sister was innocent and had been murdered in cold blood.

The police handed over the body to relatives after a post-mortem examination conducted at the Thul hospital.

Observers may recall that only a few weeks back a man had also lodged an FIR against his son in a similar case.

Moula Buksh Lohar of Jafarabad had stated in the FIR registered at the Miranpur police station of Garhi Khairo area, that his son, Ghulam Shabbir, had a monetary dispute with Sobho Katohar. After an exchange of hot words with Sobho Katohar, his son came home and shot his wife dead. Later, he also gunned down Sobho Katohar and accused both the victims of having an affair, which Moula Buksh Lohar
insisted was fabricated by his son.

With the reporting of the second such case, it is hoped that a day will dawn soon when this heinous tradition will become a thing of the past.

Source:
Ferhan Mazher
Chairman (Rays of Development Organization, Sargodha, Pakistan)

Two accused of Wani exonerated

By Khadijah Shah

Karachi, Pakistan: The Judicial Magistrate, West, Syed Nadeem Shahzad Haider, issued the acquittal order on Tuesday of two of the accused involved in the kidnapping of their nieces because the case was not maintainable.

The Investigation Officer (IO) for the case submitted a report under Section 179 arguing that the case against the accused was not maintainable so they will be released. The court, accepting the
application, ordered their acquittal.

Two minor girls, eight-year-old Zainab and 10-year-old Sara, were allegedly kidnapped by their uncle, Shah Tareen, with the help of Ishaq and Sanober from Karachi and were sent to Kala Dhaka and handed
over to other people after a Jirga’s decision.

Shah Tareen married against the will of the Jirga. He was asked to hand over the two minor girls in return. He kidnapped two of his nieces and handed them over to aggrieved party under the settlement.

The two girls had submitted three applications before the court of Judicial Magistrate, West, Syed Nadeem Shahzad Haider, calling to provide protection to the family who still were receiving threats. Secondly,
they said, action should be taken against Jirga who they said had given illegal decision. Thirdly the police party who was sent to Mansehra to recover the missing girls had disappeared and the parents
of the girls themselves investigated into the affair.

The Judge later ordered that the two sisters be handed over to their mother. Zainab and Sara stated that they were kidnapped by their uncle Shah Tareen with the help of Ishaq and Sanober from Karachi.

Later, Ishaq took them to Kala Dhaka and detained them at his home, they said, adding they were forced to serve as maids.

The girls recorded their statements before the court. A letter of the DCO and political agent of the tribal area regarding recovery of the girls was also produced before the court.

The applicant and mother of the girls told the court that the police party sent by the Sindh home department on a court order to Mansehra for the recovery of her daughters had just delivered court orders to the DCO and immediately came back to Karachi, adding she had personally approached the DCO who deputed a Tehsildar to negotiate with the tribal people for the recovery of the girls.

She requested the court to take action against the police team for not complying with the court orders.

The judge directed the police party constituted for the recovery of the girls, to appear before the court on Aug 29 and asked the SHO of Gulbahar to provide security to the applicant.

Background
On a pervious hearing, the police party stated in its report that the staff of Oghi police station had refused to cooperate with them by maintaining that the area of Kala Dhaka, where girls were detained,
was in the jurisdiction of Provincially Administered Tribal Areas and said a political Tehsildar of Kala Dhaka Jamshad Khan was negotiating with the local Jirga and the girls are likely to be recovered soon.

The applicant stated that Shah Tareen had married Jannat against her parents’ will in their native town in district Mansehra. To settle the dispute between the two families, a Jirga asked Tareen to hand over
his nieces to the aggrieved party as compensation.

Subsequently, he allegedly kidnapped the two girls and handed them over to a Jirga member, Sanober, in Karachi and later to a member of the aggrieved party, Ishaq, in Mansehra. The police had arrested Shah Tareen and Sanober following registration a case against them at SITE police station. Ishaq was also named in the FIR.

Source:
Ferhan Mazher
Chairman (Rays of Development Organization, Sargodha, Pakistan)