Dear friends,
The Asian Human Rights Commission (AHRC) has received information that a woman, who received a stay order from court over a dispute on ownership of her house, was picked up by policemen and their informers and taken to a private detention centre where she was gang raped for more than 50 days. The rape victim’s cases against the accused policemen and their henchmen were withdrawn due to the controversy of the geographical jurisdiction of the police. The medical report of the rape was not issued even after one month following the medical examination. The victim and her family are in hiding because of continuous police threats to withdraw the case. The deputy inspector generals (DIGs) of the two districts of Karachi metropolitan city refused to entertain the complaints of the victim on the grounds of jurisdiction.
The alleged story comes from a country, which claims to be an Islamic Republic and proudly announces that it is protecting the women’s rights. This case is one of the worst examples of how the police protect their own on the pretext of jurisdictions.
CASE NARRATIVE:
Mrs. Ruby Masih, aged 32 years, wife of Mr. Aijaz Masih, resident of N-37, street number 50, Sector 50, Mohammad Khan Goth (village) Korangi number 3-1/2, Karachi, Sindh province, was raped in a private detention center of the police for more than 50 days (from August 10 to September 30, 2010) by police constable Ishaque Masih of Mehmoodabad police station and plain clothed policemen known as informers.
Ruby purchased a house in April 2004, where she was living as tenant since 2000, from Mr. Iqbal Masih, son of Mr. Inayat Masih, a police informer of Mehmoodabad police station. She paid off the whole price of the house except Rs. 40,000 (USD 471) as per condition that it would be paid after possession of all papers regarding the ownership of the house. In the meanwhile, Constable Ishaque allegedly forged the papers and declared the property in the name of one Mrs. Marium Bibi. Ruby challenged the issue in a civil court vide case number 578/2010 against Marium Bibi, Constable Ishaque and Iqbal Masih, a police informer.
On 31 May, the court passed a stay order in favour of Ruby. On the same night in late hours, Police Constable Ishaque, Police Constable Shahid and others broke into the Ruby’s house and threw away all the belongings of her family and occupied it. She and her family shifted to another house on rent as the police refused them entry to their own premises.
On 7 June, Mr. Aijaz Masih, Ruby’s husband, a carpenter by profession, lodged a case of illegal occupation of his house and theft of gold ornaments with the Zaman Town police station against constables and their henchmen. The Zaman Town police did not take any action against the alleged perpetrators. Instead, the police filed a case against the complainant Mr. Aijaz, his uncle and his cousin for trespassing the house, assault or criminal force on a woman with intent to outrage her modesty, damaging property and other offence.
On 10 August when Ruby went to attend the court hearing of her case, Constable Ishaq Masih of Mehmoodabad police station, Karachi with the help of constable Shahid and police informers, Shahbaz Masih, Iqbal Masih and Ms. Marium Masih abducted her from outside the court premises in a car. Ruby was taken to Qaidabad, 30 kilometers away from the city court premises, at gun point. She was asked to withdraw the case against police men for occupying her house illegally. On her refusal she was dumped into a house, an illegal detention center used for torture, and was forced to drink a coloured water. She fainted and when she came to she found herself lying naked on a cot. Then constable Ishaque and Marium again asked her to withdraw the case against them. On her refusal constable Shahid, Constable Ishaque, police informers Iqbal Masih, Kamran and Munir allegedly raped her during her illegal detention of 52 days.
On 30 September, she was thrown onto the railway line at Cantonment Railway Station from where she was taken away by an ambulance and admitted in the Jinnah Hospital. She informed her husband and then she was shifted to Civil Hospital on instructions of doctors. Before her release from illegal detention, her husband, Aijaz, has filed an application before the Court of District and Session Magistrate on 19 September, pleading that his wife has been abducted by police constables and their henchmen and police refusing to file case against police officials. On the orders of the court the Korangi Industrial police station lodged an FIR (First Information Report) against the accused police officials and their henchmen for abducting Ruby and keeping her incommunicado. On the same night police officials threw her in the jurisdiction of another police station, the Risala police station so that the FIR at Korangi police station should become ineffective.
On 1 October when her husband, was coming back after recording Ruby’s statement regarding her illegal detention and rape, he was arrested by Mehmoodabad police on the charges of theft and stealing. He was then sent to prison where he was kept 15 days and on 19 October he was released on bail. The Korangi Industrial police arrested constable Ishaque and Shahid on the strength of Ruby’s statement but within four days they were released on the pretext of jurisdiction as Ruby was found to be from Risala Police station so the case could not be applied against the perpetrators. In the meantime Station Investigation Officer (SIO), Mr. Sohail Khan, of Korangi Industrial police station started bargaining with Ruby’s husband to settle the issue as he could not expect a result and would only have problems with the police as they have ‘long hands’.
The case of abduction and rape came for investigation before Dr. Ameer Shaikh, the deputy inspector general of East, who later on finding police information told the victims that the case did not come under his jurisdiction and they should contact DIG south. The victims then contacted DIG south who also refuse to investigate the case. On 4 October Mr. Momin Ali Mirani, the assistan sub inspector at Korangi police station took Ruby to a civil hospital for a medical examination of her rape. However, after one month the report has not been collected.
SUGGESTED ACTION:
Please write the letters to authorities for conducting an inquiry in to the case of running a private detention and gang rape of a woman by policemen and misuse of power to provide impunity to perpetrators. Please urge upon them to prosecute all the police officials for their negligence to stop the rape and providing protection to perpetrators. Also urge them to provide government protection and medical treatment to the victim including compensation to the family for the ordeal suffered from the misuse of police power.
The AHRC is writing a separate letter to UN Special Rapporteurs on Violence against Women and Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment calling for their interventions into this case.
To support this case, please click here: SEND APPEAL LETTER
SAMPLE LETTER
Dear __________,
PAKISTAN: A woman was gang raped and kept for 50 days in a private detention center of police
Names of victims:
1. Mrs Ruby Masih, 32, wife of Aijaz Masih
2. Mr. Aijaz Masih, husband of Ruby Masih
Both are originally the owner of a house at N-37, street number 50, Sector 50, Mohammad Khan Goth (village) Korangi number 3-1/2, Karachi, Sindh province. Currently residing at Sector 6/C, Mehran Town, Korangi Industrial Area, Karachi, Sindh
Names of alleged perpetrators:
1. Mr. Ishaque Masih
2. Mr. Shahid
Both are Police Constable, attached to the Mehmoodabad Police station, Karachi, Sindh
3. Mr. Iqbal Masih, son of Inayat Masih, Informer of Mehmoodabad police station, an ally of former owner of a house at N-37, street number 50, sector 50, Mohammad Khan Goth (village) Korangi number 3-1/2, Karachi, Sindh province
4. Mrs. Marium Bibi, wife of Manzoor Masih, informer of Mehmoodabad police station, former owner of a house at N-37, street number 50, sector 50, Mohammad Khan Goth (village) Korangi number 3-1/2, Karachi, Sindh province
5. Mr. Sohail Khan, Sub Inspector of police and Station Investigation Officer, attached to the Korangi Industrial police station, Karachi, Sindh
6. Mr. Momin Ali Mirani, Assistant Sub Inspector, attached to the Korangi Industrial police station, Karachi, Sindh
7. Dr. Amir Shaikh, Deputy Inspector General of Police, East, Karachi, Sindh
8. Deputy Inspector General of Police, South, Karachi, Sindh
Date of incident: August 10, 2010
Place of incident: Korangi Industrial area and Qaidabad, Landhi, Karachi
I am writing to voice my deep concern regarding the gang rape of a woman and detained for 50 days in private detention center of police on the dispute of house.
I am shocked to know that Mrs Ruby 32, resident of Katchi abadi of Karachi was abducted by police constables and police informers of Mehmoodabad police station to withdraw her claim from a house which was legally purchased by her. During her abduction she was gang raped for 50 days in a private detention center of police running illegally even by high police officers. She was tortured and abused and kept many days naked.
That this has happened in a country which claims to be an Islamic republic is especially shameful. The country is run by elected representatives where the rule of law is just vanished and women have to the rape for want of justice.
The details of the case are as follows: Mrs. Ruby Masih, 32, wife of Aijaz Masih, resident of N-37, street number 50, sector 50, Mohammad Khan Goth (village) Korangi number 3-1/2, Karachi, Sindh province, was raped in a private detention center of the police for 50 days (from 10 August to 30 September, 2010) by police constable Ishaque Masih of Mehmoodabad police station and plain clothe policemen known as informers.
Ruby purchased a house in April 2004, where she was living as tenant since 2000, from Iqbal Masih son of Inayat Masih, a police informer of Mehmoodabad police station. She paid all amounts due accept Rs. 40,000 as that would be paid after possession of all papers of the house. In the meanwhile contable Ishaque allegedly forged the papers and declared the property in the name of one Marium Bibi. Ruby challenged this in civil court vide case number 578/2010 against Marium Bibi, Constable Ishaque and Iqbal Masih, a police informer.
On 31 May, court ordered stay order in favour of victim but at the same night in late hours, constable Ishaque, constable Shahid and others attacked the house and threw away all the belongings of her family and occupied it. She and her family shifted to other house on rent as the police has blocked her return to her home. On 7 June, Mr. Aijaz Masih, husband of Ruby, lodged a case of illegal occupation of his house and theft of gold ornaments in Zaman Town police station against constables and their henchmen. The Zaman town police did not take any action against the perpetrators, instead, police filed a case against complainant Aijaz, his uncle and his cousin for trespassing the house, assault or criminal force to a woman with intent to outrage her modesty, damaging property and other offence.
On 10 August when Ruby went to attend the court hearing of her case, Constable Ishaq Masih of Mehmoodabad police station, Karachi with the help of constable Shahid and police informers, Shahbaz Masih, Iqbal Masih and Ms. Marium Masih abducted her from out side the court premises in a car. She was taken to Qaidabad, 30 kilometers away from city court premises at gun point. She was asked to withdraw the case against police men for occupying her house illegally. On her refusal she was dumped in to a house, an illegal detention center used for torture, and was forced to drink a coloured water. She was fainted and when she came to she found herself with out her dress and lying naked on a cot. Constable Ishaque and Marium again asked her to withdraw case against them. On her refusal constable Shahid, Constable Ishaque, police informers Iqbal Masih, Kamran and Munir allegedly raped her during her illegal detention of 52 days.
On 30 September, she was thrown on the railway line at Cant railway station from where she was taken away in ambulance admitted in Jinnah Hospital. She informed her husband and then she was shifted to civil hospital on instructions of doctors. Before her release from illegal detention, her husband, Aijaz, has filed an application before the court of district and session magistrate on 19 September, pleading that his wife has been abducted by police constables and their henchmen and the police were refusing to file a case against police officials. On the orders of the court Korangi Industrial police station lodged a FIR against accused police officials and their henchmen for abducting Ruby and keeping her incommunicado On the same night police officials threw her in the jurisdiction of another police station, the Risala police station so that the FIR at Korangi police station should become ineffective.
On 1 October when her husband was coming back recording the statement of Ruby about her illegal detention and rape, he was arrested by Mehmoodabad police on the charges of theft and stealing. He was then sent to prison where he was kept 15 days and on 19 October he was released on bail. The Korangi Industrial police arrested constable Ishaque and Shahid on the strength of Ruby’s statement but within four days they were released on the pretext of jurisdiction as Ruby was found from Risala Police station so case can not be applied against perpetrators. In the meantime station investigation officer (SIO), Mr. Sohail Khan, of Korangi Industrial police station has started bargaining with Ruby’s husband to settle the issue as he would never get a result but rather always have problems as the police have long hands.
The case of abduction and rape came for investigation before Dr. Ameer Shaikh, the deputy inspector general of East, who later on finding police information told the victims that the case did not come under his jurisdiction and to contact DIG south. The victims then contacted DIG south who also refuse to investigate the case. Mr. Momin Ali Mirani, the assistant sub inspector at Korangi police station has taken her on 4 October to civil hospital for medical examination of her rape but even now the reported has not been collected.
I am appalled that how police, as an institution, protect their officials who are involved in crime on the pretext of jurisdiction, a heinous kind of crime, that usurps the whole rule of law.
I urge that you immediately conduct an inquiry into the matter of gang rape of a woman in private detention center for 50 days by police officials. Please also prosecute all the police officers who were involved in providing protection to the culprits and making false cases against her and her husband. Also provide protection to victim and her family and provide best medical treatment with compensation to family.
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, 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
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
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)
