ASIAN HUMAN RIGHTS COMMISSION - URGENT APPEALS PROGRAM

17 October 2006
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UA-342-2006: PAKISTAN: Man implicated with false charges, and brutally tortured by police  

PAKISTAN: Illegal Arrest; torture; fabrication of charges; impunity; failure of policing system
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Dear friends,

The Asian Human Rights Commission has received information regarding the illegal arrest and subsequent brutal torture of Mr. Hayat Khan Marri, a mason by profession and resident of B-437 Sector 7 Bilal Colony in Northern Karachi, by officers of the Liaquatabad Police Station in Karachi city, Sindh province, Pakistan on 30 September 2006.

On 30 September 2006, Mr. Marri was allegedly forcibly taken from his home and detained for a period of two days at the Liaqatabad Police Station, where he was kept in solitary confinement and brutally tortured by police officers. Then, on 2 October 2006, Assistant Sub Inspector of Police (ASI) of the Liaquatabad Police Station, Mr. Zulqarnain, contacted Mrs. Shabbira, Mr. Marri's wife, disclosing to her in strict confidence that Mrs. Aisha- a local resident with whom Mr. Marri had earlier had a heated disagreement- had paid him money to falsely arrest Mr. Marri. It is alleged that Mr. Zulqarnain also told Mrs. Shabbira, that the charges against her husband would be dropped, and his release granted if she paid him a bribe of 15,000 Rupees (USD 250). Mrs. Shabbira responded that their family was destitute, and could not afford to pay such a large sum, but apparently tried to pacify matters by offering Mr. Zulqarnain a sum of 5,000 Rupees (USD 83).

ASI Zulqarnain refused Mrs. Shabbira's offer, and returned to the police station, where he then allegedly implicated Mr. Marri in a false case of possession of and intent to sell cannabis (under sections 3 and 4 of the Prohibition Order of 1979). The case against Mr. Marri was filed under the First Information Report (FIR) number 104/06, and dated on 2 October 2006. Later that night, Mr. Marri was subjected to further inhumane torture at the hands of ASI Mr. Ali Raza; which resulted in severe bodily injuries and the complete loss of his hearing.

On 4 October 2006, Mr. Marri was produced before the Judicial Magistrate of the Central Karachi District, who remanded him to the Landhi Prison in Karachi for a period of 15 days. There, Mr. Marri claims that the prison authorities were instructed to beat him severely. Mrs. Shabbira managed to accumulate and pay the police officers a bribe in the amount of 8,000 Rupees (USD 134).

On 10 October 2006, Mr. Marri was granted bail and released from prison, but since then, has been subjected to continuous threats and intimidation by the Liaquatabad police and Mrs. Aisha.

SUGGESTED ACTION:
Please write to the relevant authorities listed below, expressing your grave concern and ethical denunciation of the unforgivable and flagrant abuse of state-appointed positions of authority and power demonstrated by the officers of the Liaquatabad Police Station in their most inhumane treatment of Mr. Marri. Please appeal to Pakistan authorities to take immediate steps in conducting an official investigative inquiry, and ensure that the perpetrators are brought to justice.

To support this appeal, please click:

Sample letter:

Dear ___________,

PAKISTAN: Man implicated with alleged false charges, and brutally tortured by police  
 
Name of the victim: Mr. Hayat Khan Marri: professional mason and resident of B-437 Sector 7, Bilal Colony, Northern Karachi, Karachi city, Sindh province, Pakistan
Alleged perpetrators:
1. Mr. Zulqarnain: Assistant Sub Inspector of Police (ASI) of the Liaquatabad Police Station
2. Mr. Ali Raza: ASI of the Liaquatabad Police Station
3. Mrs. Aisha: local resident who paid ASI Zulqarnain to falsely arrest Mr. Marri
4. Some officers of Landhi prison in Landhi Town, Northern Karachi, Karachi city, Sindh province
Period of incident:  from 30 September 2006 to 10 October 2006
Place of incident:  Liaqatuabad police station (where the victim was arbitrary detained and tortured) and Landhi Prison (where he was further tortured by prison officers)

I am writing to voice my deep concern regarding the illegal arrest, brutal torture and fabrication of charges against an innocent man named Mr. Hayat Khan Marri by the Liaqatuabad police and Landhi prison officers over the period from 30 September- 10 October 2006. I am appalled to learn that this horrible violence against the victim was in fact caused by police corruption.

According to the information I have received, Mr. Marri was forcibly taken from his home by the Liaqatuabad police on 30 September 2006, and detained for two days at the police station, where he was kept in solitary confinement and brutally tortured. However, in violation of the laws, the victim's wife was only informed about Mr. Marri's arrest two days later on 2 October 2006 by Assistant Sub-Inspector of Police (ASI) of the Liaquatabad police, Mr. Zulqarnain, who asked for 15,000 Rupees (USD 250) in exchange of withdrawal of charges against her husband and his immediate release. The said ASI also disclosed in confidence that Mrs. Aisha- a local resident with whom Mr. Marri had earlier had a heated disagreement- had paid him money to falsely arrest Mr. Marri. When the victim's wife told the ASI that she only could afford a sum of 5,000 Rupees (USD 83), he refused her offer.

It's also appalling to learn that as soon as he returned to the police station, the ASI allegedly implicated Mr. Marri in a false case of possession of and intent to sell cannabis under sections 3 and 4 of the Prohibition Order of 1979 (Refer to: FIR number 104/06 dated 2 October 2006). Later that night, Mr. Marri was subjected to further inhumane torture at the hands of the said ASI.

On 4 October 2006, Mr. Marri was produced before the Judicial Magistrate of the Central Karachi District, who remanded him to the Landhi Prison for 15 days. According to Mr. Marri, the prison officers were instructed by the police to beat him severely. Mr. Marri was finally released on bail on 10 October 2006, after his wife paid the police a bribe in the amount of 8,000 Rupees (USD 134). I was further informed that the victim receives continuous threats and intimidation from the Liaquatabad Police, and Mrs. Aisha.

I am utterly appalled and disgusted by the monstrous behaviour demonstrated by the accused officers of the Liaquatabad police in this incident, in particular the fact that all this brutality against the victim resulted from police corruption. Besides this, the fabrication of criminal charges against the victim is a serious abuse of law and state-appointed authority by the police.

It is my understanding that illegal arrest, torture and implication of false charges against innocent people have become a routine practice of the police in Pakistan in order to extract the money from them. This is simply unacceptable; particularly of a member party recently elected to the UN Human Rights Council. As long as cases like Mr. Khan Marri's continue to fall through the cracks of the already paper-thin justice system and state officers continue to be immune to the very laws which they have been appointed to protect and enforce, there can be no rule of law in Pakistan.

Therefore, I strongly urge you to adopt all possible measures in ensuring that Mr. Marri's case receives the prompt and proper investigation that it deserves. The alleged fabricated charges which were brought against Mr. Marri should be dropped without delay, and he should be provided adequate redress and compensation for the grievous physical and mental trauma inflicted upon him.

The Constitution of Pakistan clearly identifies the use of torture by the state officers as a clear violation of the fundamental rights of its citizens (Article 14 (2); Chapter 1). It is therefore the fundamental obligation of the State to apprehend and punish those state-officers who choose to subvert the law for their own personal gain and profit. It is my strong conviction, that the Ministry of Law, Justice and Human Rights should conduct an independent investigation against the accused officers of the Liaquatabad police station and Landhi prison, and indefinitely suspend them from their duties while the investigation is pending.

Torture has been recognized as a criminal offense of the highest severity under the UN Convention against Torture; and should therefore be treated as such.

I look forward to your prompt and effective response in this matter.

Yours sincerely,

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PLEASE SEND YOUR LETTER TO:

1. Mr. Ishrat-ul- Ibad Khan
Governor
Government of Sindh
Governor House Karachi
PAKISTAN
Tel: + 92 21 920 1201
E-mail: governor@governorsindh.gov.pk

2. Dr. Arbab Abdul Rahim
Chief Minister of Sindh
Chief Minister House
Karachi
PAKISTAN
Fax: + 92 21 9202000

3. General Pervez Musharraf
President
President's Secretariat
Islamabad
PAKISTAN
Fax: +92 51 922 1422, 4768/ 920 1893 or 1835
E-mail: (please see - http://www.presidentofpakistan.gov.pk/WTPresidentMessage.aspx)

4. Mr. Muhammad Wasi Zafar
Minister of Law, Justice and Human Rights
Government of Pakistan
S Block
Pakistan Secretariat
Islamabad
PAKISTAN
Fax: +92 51 920 2628
E-Mail: minister@molaw.gov.pk

5. Joint Secretary for Law, Justice and Human Rights
S Block,
Pakistan Secretariat
Islamabad,
PAKISTAN
Tel: + 92 51 920 2819
Fax: + 92 51 920 3119

6. Prof. Manfred Nowak
Special Rapporteur on the Question of Torture
C/o OHCHR-UNOG
1211 Geneva 10
SWITZERLAND
Fax: +41 22 917 9016 (general)

Thank you.

Urgent Appeals Programme
Asian Human Rights Commission (ahrchk@ahrchk.org)