Dear friends,
The Asian Human Rights Commission (AHRC) has received updated information regarding the relief of a 75-year-old man who was illegally chained in a room for almost 34 years by relatives, with the knowledge of local police. Though the man was released under the orders of the Supreme Court and declared mentally sound, we have heard that he was quickly detained again, and that local police are protecting the perpetrators. The man’s health is deteriorating and he was forbidden from participating in Eid, an important religious festival for Muslims.
UPDATED INFORMATION:
After we issued UAC-037-2009 in April about the captivity of 75-year-old Mr. Mohammad Moosa Indharh, we learned that a three member team from Islamabad visited his captors to investigate the case, explaining that they had been sent by the Supreme Court. Although they interviewed Moosa, he was allegedly frightened by the attention and mistrusted the visitors, and said that he was fine in captivity.
On 2 May Deputy District Officer (DDO) Revenue, Mr. Hamza Shafqat visited the house and freed Moosa on the instructions of the Sindh government. We are told that he became personally involved in helping Moosa’s rehabilitation, but was soon transferred from Pannu Aqil cantonment, possibly as a result of this.
In the meantime Mr. Khadin Hussain Tunio, the Session and district Judge of Ghotki district, Sindh province, started an inquiry on the orders of the Supreme Court, and ordered the local Station Head Officer Mr. Badr Uddin Bhutto to produce Mr. Moosa in court. On June 23 it was officially ordered that he be released from the custody of the relatives who had chained him. Since the perpetrators and certain police officers had claimed that Moosa was mentally unstable and a danger to the community, the judge questioned the man in detail and proclaimed him sound of mind and of no threat. The judge then ordered that he be sent for treatment at the Central Military Hospital (CMH) at the Pannu Aqil cantonment. The session judge also sent the report to the Supreme Court.
However none of these instructions were properly followed and four months on Moosa remains imprisoned, having been taken to the CMH just twice in June and July. Although Mr. Sharjeel, the town police officer (TPO) had been transferred as a mild (and inadequate) punishment for not acting on Moosa’s case, we heard that he has been transferred back to the station. Moosa is still captive in a small room, is not allowed visitors and was not pemitted to celebrate Eid. We hear that his health is deteriorating and that he is not being given adequate food or medicine.
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SUGGESTED ACTION:
Please write to the following officials urging their intervention into this case.
A letter has been written to the UN Working Group on arbitrary detention calling for their intervention into this matter.
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SAMPLE LETTER
Dear ___________,
PAKISTAN: An elderly man rescued by court order from a 34-year captivity has been locked up again, with the knowledge of local police
Name of victim:
Mr. Mohammad Moosa Indher, 75; detained at Indhar Mohalla, Inayat village (opposite Irrigation Banglows), Panoo Aqil Tehsil, Sindh
Name of alleged perpetrators:
1. Mr. Sharjeel, District Police Officer; Sukkur, Sindh.
2. Mr. Noorul Haq, Indhar Mohalla, Inayat village, Panoo Aqil Tehsil, Sindh province
3. Mr. Nisar Ahmed Indher, Indhar Mohalla, Inayat village, Panoo Aqil Tehsil, Sindh province
4. Mr. Badr Uddin Bhutto, Station House Officer (SHO), Pannu Aqil police station, Pannu Aqil sub district, Sindh
Place of incident;
Indhar Mohalla, Inayat village (Opposite Irrigation Banglows), Panoo Aqil Tehsil, Sindh.
Date of incident: 2 May 2009 onward
I am writing to express my concerns about the continued illegal and arbitrary detention of Mr. Mohammad Moosa Indher after 34 years of captivity in the house of relatives, much of it in chains. The local police appear to be complicit with the crime despite orders for the man’s release from the Sindh government, the Supreme Court and the Session Court of Ghotki district.
I appreciate the efforts that were made by the courts and the government once the crime was brought to their attention. However I find it disturbing that since then, none of these authorities have been able to ensure his release. Indeed, it appears that the perpetrators are flouting the law without regard for the authorities above and I am concerned that no one, even police officials thought to be involved, were charged with the crime.
On June 23 it was officially ordered that Moosa be released from the private illegal custody of the relatives who had chained him. Since the perpetrators and certain police officers had claimed that Moosa was mentally unstable and a danger to the community, the judge questioned the man in detail and proclaimed him sound of mind and of no threat. The judge then ordered that he be sent for treatment at the Central Military Hospital (CMH) at the Pannu Aqil cantonment and sent the report to the Supreme Court.
However four months on Moosa remains imprisoned, having been taken to the CMH just twice in June and July. Although Mr. Sharjeel, the town police officer (TPO) had been transferred as a mild punishment for not acting on Moosa’s case, I hear that he was transferred back to the station. Moosa is still captive in a small room, is not allowed visitors and was not permitted to celebrate Eid and I am told that his health is deteriorating and that he is not being given adequate food or medicine.
I therefore, urge you to assure the release, medical treatment, compensation and safety of Mr. Moosa, and to make sure that all previous and new orders given by the courts are carried out. Those who disregarded them must be brought before the law. I also demand the arrest of the perpetrators for running a private jail at home, contrary to the law of the land. Severe damage is done to a rule of law when no actions are taken to deter vigilante crime.
Yours sincerely,
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PLEASE SEND YOUR LETTERS TO:
1. Syed Qaim Ali Shah
Chief Minister
Karachi, Sindh Province
PAKISTAN
Fax: +92 21 920 2000
2. 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
3. Mr. Muhammad Ayaz Soomro
Minister for Law, Parliamantry Affairs & Criminal Prosecution Service
Sindh Assembly Building,
Court road, Karachi, Sindh province
PAKISTAN
Fax: +92 21 9211982
E-mail: secy.law@sindh.gov.pk
4. Chief Justice of Sindh High Court
High Court Building
Saddar, Karachi
Sindh Province
PAKISTAN
Fax: +92 21 9213220
E-mail: info@sindhhighcourt.gov.pk
5. 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
E-mail: lukshmil@yahoo.com
6. Dr. Faqir Hussain
Registrar
Supreme Court of Pakistan
Constitution Avenue, Islamabad
PAKISTAN
Fax: + 92 51 9213452
E-mail: mail@supremecourt.gov.pk
7. Inspector General of Police
Sindh Province,
Police Head office, I. I. Chundrigar road
Karachi, Sindh Province
PAKISTAN
Fax: +92 21 9212051
E-mail: ppo.sindh@sindhpolice.gov.pk
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Thank you.
Urgent Appeals Programme
Asian Human Rights Commission (ua@ahrchk.org)
