PAKISTAN: Call to immediately withdraw the sedition charges against the nine human rights defenders for holding a peaceful protest

ASIAN HUMAN RIGHTS COMMISSION - URGENT APPEALS PROGRAMME

Urgent Appeal Case: AHRC-UAU-029-2014
ISSUES: Administration of justice, Arbitrary arrest & detention, Fabrication of charges, Freedom of assembly, Freedom of association, Human rights defenders, Judicial system,

Dear friends,

The Asian Human Rights Commission (AHRC) has received updated information that nine human rights defenders from Gilgit-Baltistan, including the President of the Supreme Appellate Court, Bar Association were charged for sedition for holding a protest in front of the office of United Nations Military Observer Group in India and Pakistan (UNMOGIP) at Gilgit. They were staging a protest for the release of Baba Jan and 11 other human rights defenders who were sentenced to life imprisonment by an Anti- Terrorism Court (ATC). The protesters were demanding the abolition of the Anti-Terrorism Act (ATA) from remaining in effect only in some parts in Northern Pakistan including in the Gilgit and Baltistan regions. 

UPDATED INFORMATION:

On 25 September 2014 an Anti-Terrorism Court in Gilgit sentenced twelve people, including Progressive Youth Front leader Baba Jan, to life imprisonment. According to the verdict announced this morning, they stand convicted to spend 40 additional years in prison, besides paying 500,000 Rupees as fines. Moreover, the convicts’ properties and earnings will be used to reconstruct buildings damaged and on 11 August 2011 their assets were set on fire. Three accused were declared as absconding and they were sentenced to additional imprisonment for ten years each. Please see the previous Urgent Appeal for more details: AHRC-UAU-026-2014.

According information we have received the Gilgit District Administration has registered a First Information Report bearing Number 79/14 against nine human rights defenders including the President of the Supreme Appellate Court Bar Association and political workers belonging to various Districts in Gilgit and Baltistan. The First Information Report (FIR) has been registered under section 124 and 341 of the Pakistan Penal Code (PPC).

Section 124-A of the PPC is related to sedition, which states that “…whoever brings into hatred or contempt the federal and provincial government shall be punished with up to imprisonment for life to which a fine may be added….”  The activists and human rights defenders were holding protests for the release of Baba Jan and 11 others who were sentenced to life imprisonment on the charges of agitating against the killings of a father and his son by a high ranking police officer of Gilgit. They also handed over a Memorandum to the UNMOGIP on the misuse of the Anti- Terrorism Act (ATA) against human rights defenders. The government of Gilgit and Baltistan was evidently angered by the protestors having contacted UN officials about the illegality and misuse of the ATA in an area which is still not part of Pakistan.

All those named and charged in the FIR have been accused of raising their voices  against the state during a demonstration held on the 14th of October 2014 in front of the office of United Nations Military Observer Group in India and Pakistan (UNMOGIP) in Jutial area of Gilgit. A large number of protesters had gathered there that day to demand the release of Baba Jan and 11 others who have been recently imprisoned for life by an Anti-Terrorism Court (ATC) in Gilgit. The protesters had also demanded abolishment of the Ant-Terrorism Act from Gilgit-Baltistan.

The nine people named in the FIR are, Advocate Ahsan Ali, President Supreme Appellate Court Bar Association GB; Israruddin Israr, Coordinator Human Rights Commission of Pakistan (HRCP); Muhammad Farooq, Coordinator International Human Rights Observer; Safdar Ali, Balawaristan National Front; Aziz Ahmed, Pakistan Tehreek-e-Insaf District Hunza/Nagar; Kalamuddin, Balawaristan National Front; Faizan Mir, GB Students Federation; Javed Rizwan, Progessive Youth Front and Col.; Nader Hussain, a nationalist leader.

HRCP Coordinator for Gilgit-Baltistan, Israruddin Israr told Pamir Times that the charges leveled against the nine persons are fake and bogus. He said that no slogans were raised by the protesters against Pakistan per se, during any of the demonstrations held so far. He added that the protest was organized against political victimization of the PYF leader Baba Jan and 11 other political workers belonging to the Hunza Valley.

According to Israr “We had gathered to demand freedom for Baba Jan and the 11 other political workers, and to demand abolishment of the Anti-Terrorism Act from Gilgit-Baltistan”. He added that the ATA is being used for political victimization and so far no terrorist has been arrested nor punished under the law.

He also said that the accused will also consider addressing a press conference and informing the public about the issue. He said that efforts will also be made to bring political parties into their confidence. Israruddin Israr added that “If these moves are not resisted, then tomorrow nobody will be able to rise for their rights”.

SUGGESTED ACTION:
Please write the letters to the authorities calling them to immediately withdraw the sedition charges against the nine human rights defenders of Gilgit and Baltistan for holding a peaceful protest for the release of Baba Jan and other 11 activists who were sentenced to life imprisonment and against the misuse of the Anti-Terrorism Act in Gilgit Baltistan. Please also denounce the continuous marginalization of human rights defenders in Gilgit.

The AHRC will write a separate letter to the UN Special Rapporteur on the Situation of Human Rights Defenders calling for his intervention into this matter.

To support this case, please click here: SEND APPEAL LETTER

SAMPLE LETTER

Dear …………….,

PAKISTAN: Call to immediately withdraw the sedition charges against the  nine human rights defenders for holding a peaceful protest

Names of victims:
1. Mr. Ahsan Ali, Advocate President Supreme Appellate Court Bar Association, Gilgit Baltistan 
2. Mr. Israruddin Israr , Coordinator Human Rights Commission of Pakistan (HRCP),Gilgit  
Baltistan  
3. Mr. Muhammad Farooq, Coordinator International Human Rights observer, Gilgit Baltistan 
4. Mr. Safdar Ali, Balawaristan National Front, Aziz Ahmed, Gilgit Baltistan 
5. Mr. Pakistan Tehreek-e-Insaf District Hunza/Nagar, Gilgit Baltistan
6. Mr. Kalamuddin, Balawaristan National Front, Gilgit Baltistan 
7. Mr. Faizan Mir, GB Students Federation, Gilgit Baltistan 
8. Mr. Javed Rizwan, Progessive Youth Front, Gilgit Baltistan 
9. Colonel (retired) Nader Hussain, a nationalist leader GB, Gilgit Baltistan

Names of alleged perpetrators: Government of Gilgit and BALTISTAN
Date of incident: October 14, 2014
Place of incident: Jutial area of Gilgit city-Gilgit and Baltistan

I am writing to voice my deep concern regarding the charges of sedition against the nine human rights defenders who were protesting against the sentence to life imprisonment to Baba Jan and 11 other activists by the Gilgit and Baltistan government. The nine persons including president of Supreme Appellate Court Bar Association and Coordinator Human Rights Commission of Pakistan (HRCP), were holding peaceful demonstration in front the office of United Nations Military Observer Group in India and Pakistan (UNMOGIP). 

I also note with concern that terrorist activities by the Taliban and sectarian organisations in Pakistan are continuing and the government of Gilgit and Baltistan has so far failed to control nor arrest any terrorists or sectarians. However, surprisingly the law is very much active to charge especially human rights defenders on sedition charges and punishing 12 human rights defenders to life imprisonment for holding peaceful protests demanding the rights of displaced persons of the ‘Atta Abad’ lake disaster and against the killing of two persons, a father and a son on the orders of a high ranking police officer.

I have received information that nine human rights defenders from Gilgit in Baltistan, including the President of the Supreme Appellate Court, Bar Association were charged for sedition for holding a protest in front of the office of United Nations Military Observer Group in India and Pakistan (UNMOGIP) at Gilgit. They were staging a protest for the release of Baba Jan and 11 other human rights defenders who were sentenced to life imprisonment by an Anti- Terrorism Court (ATC). The protesters were demanding the abolition of the Anti-Terrorism Act (ATA) from remaining in effect only in some parts in Northern Pakistan including in the Gilgit and Baltistan regions. 

On 25th September 2014 an anti-terrorism Court in Gilgit sentenced twelve people, including Progressive Youth Front leader Baba Jan, to life imprisonment. According to the verdict they stand convicted to spend 40 additional years in prison, besides paying 500,000 Rupees as fines. Moreover, the convicts’ properties and earnings will be used to reconstruct buildings damaged and on 11th August 2011 their assets were set on fire. Three accused were declared as absconding and they were sentenced to additional imprisonment for ten years each.  Please see the previous Urgent Appeal for more details: AHRC-UAU-026-2014.

According information we have received the Gilgit District Administration has registered a First Information Report bearing Number 79/14 against nine human rights defenders including the President of the Supreme Appellate Court Bar Association and political workers belonging to various Districts in Gilgit and Baltistan. The First Information Report (FIR) has been registered under section 124 and 341 of the Pakistan Penal Code (PPC).

Section 124-A of the PPC is related to sedition, which states that “…whoever brings into hatred or contempt the federal and provincial government shall be punished with up to imprisonment for life to which a fine may be added….”  The activists and human rights defenders were holding protests for the release of Baba Jan and 11 others who were sentenced to life imprisonment on the charges of agitating against the killings of a father and his son by a high ranking police officer of Gilgit. They also handed over a Memorandum to the UNMOGIP on the misuse of the Anti- Terrorism Act (ATA) against human rights defenders. The government of Gilgit and Baltistan was evidently angered by the protestors having contacted UN officials about the illegality and misuse of the ATA in an area which is still not part of Pakistan.

All those named and charged in the FIR have been accused of raising their voices  against the state during a demonstration held on the 14th of October 2014 in front of the office of United Nations Military Observer Group in India and Pakistan (UNMOGIP) in Jutial area of Gilgit. A large number of protesters had gathered there that day to demand the release of Baba Jan and 11 others who have been recently imprisoned for life by an Anti-Terrorism Court (ATC) in Gilgit. The protesters had also demanded abolishment of the Ant-Terrorism Act from Gilgit-Baltistan.

The nine people named in the FIR are, Advocate Ahsan Ali, President Supreme Appellate Court Bar Association GB; Israruddin Israr, Coordinator Human Rights Commission of Pakistan (HRCP); Muhammad Farooq, Coordinator International Human Rights Observer; Safdar Ali, Balawaristan National Front; Aziz Ahmed, Pakistan Tehreek-e-Insaf District Hunza/Nagar; Kalamuddin, Balawaristan National Front; Faizan Mir, GB Students Federation; Javed Rizwan, Progessive Youth Front and Col.; Nader Hussain, a nationalist leader.

HRCP Coordinator for Gilgit-Baltistan, Israruddin Israr is reported to have told Pamir Times that the charges leveled against the nine persons are fake and bogus. He said that no slogans were raised by the protesters against Pakistan per se, during any of the demonstrations held so far. He added that the protest was organized against political victimization of the PYF leader Baba Jan and 11 other political workers belonging to the Hunza Valley.

According to Israr they “… had gathered to demand freedom for Baba Jan and the 11 other political workers, and to demand abolishment of the Anti-Terrorism Act from Gilgit-Baltistan”. He added that the ATA is being used for political victimization and so far no terrorist has been arrested nor punished under the law.”

He also said that the accused will also consider addressing a press conference and informing the public about the issue. He said that efforts will also be made to bring political parties into their confidence. Israruddin Israr added that “If these moves are not resisted, then tomorrow nobody will be able to rise for their rights”.

In view of the above explanations we I earnestly urge your good offices take immediate action to withdraw the sedition charges against the nine human rights defenders of Gilgit and Baltistan for holding a peaceful protest for the release of Baba Jan and other 11 activists who were sentenced to life imprisonment and against the misuse of the Anti-Terrorism Act in Gilgit Baltistan. I vehemently denounce the continuous marginalization of human rights defenders in Gilgit which needs to halted with immediate effect.

Yours sincerely,

—————-
PLEASE SEND YOUR LETTERS TO:

1. Mr. Mian Nawaz Sharif
Prime Minister
Prime Minister House
Islamabad
PAKISTAN
Fax: +92 51 922 1596
Tel: +92 51 920 6111
E-mail: secretary@cabinet.gov.pk, or pspm@pmsectt.gov.pk

2. Mr. Syed Mehdi Shah 
Chief Minister of Gilgit Baltistan 
Chief Minister’s Secretariat, Gilgit
PAKISTAN
Tel: +92-5811-920573 
Fax: +92 5811 50-201 
Email: info@gilgitbaltistan.gov.pk

3. Mr. Tahir Shahbaz
Registrar
Supreme Court of Pakistan
Constitution Avenue, Islamabad
PAKISTAN
Fax: +92 51 9213452
Email: mail@supremecourt.gov.pk

4. Mr. Pervez Rashid 
Federal Minister
Ministry of Law, Justice and Human Rights
Old US Aid building
Ata Turk Avenue
G-5, Islamabad
PAKISTAN
Fax: +92 51 9204108
Email: contact@molaw.gov.pk

Thank you.

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