Dear friends,
The Asian Human Rights Commission (AHRC) is deeply concerned by gross negligence of the part of the High Court of Sindh on persons who are believed to be illegally detained in the military torture cells in Rawal Pindi. Mr. Salim Baloch, the vice president of the Jamhoori Watan Party who was released on 14 December 2006 after his 9 month illegal detention by the military, gave his testimony before the High Court and also gave names of persons who are still detained in the military torture camp in Rawal Pindi where he was detained. However, the High Court simply disposed off his habeas corpus case saying that the case is no longer valid due to his release. The Court neither ordered an inquiry about his torture and illegal detention by the army nor took subsequent action to locate the disappeared persons, who are still detained in the military torture cells in Rawal Pindi.
CASE DETAILS:
Mr. Salim Baloch, the vice president of the Jamhoori Watan Party who had been missing for 9 months since 10 March 2006, has been released from the military torture camp in Rawal Pindi on 14 December 2006. A prominent political leader Mr. Abdul Raoof Sasoli and Mr. Saeed Barohi, who were detained in the same military torture cell, were also released on 8-14 December 2006.
After his release, Mr. Salim Baloch bravely gave his testimony about his details of his case as well as other disappeared persons in a press conference held in Karachi, Sindh province on 19 December 2006, although he had been threatened by the army officers, who said that if the three persons tell of the captivity in army camps, they would face dire consequences including the killing of their family members.
According to Mr. Salim Baloch’s testimony in the press conference, he was abducted by plain clothed persons in daylight from the busiest commercial area of Lyari, Sindh province on 10 March 2006 (See further: UG-003-2006). He was then blindfolded and taken to a dark room along with his friend Mr. Saeed Barohi. There he was brutally tortured and kept being blindfolded and handcuffed for about 39 days.
After that, Mr. Salim Baloch was taken to different in different torture cells located in the cities like Bhawal Pur and Sargodha of Punjab province, where army officers interrogated him about the resistance against military operation in southern province of Balochistan. He was then again shifted to Rawal Pindi, adjacent to Islamabad, where he was kept in one torture cell for 60 days and 178 days in another torture cell in Rawal Pindi. During this period, he was severely tortured. He was also kept blindfolded and handcuffed all the time except when he went to a toilet. As a result, he almost lost his eye sight and still suffers from severe pain in his eyes. He also showed many torture marks all over his body.
Mr. Salim Baloch also testified that when he went on hunger strike against his illegal detention and torture in one occasion, he was shifted to a secret hospital while blindfolded and force fed by a medical officer in army uniform.
Mr. Salim Baloch also testified that during the interrogation the army officers told him that there are several army camps in almost all the cities of Pakistan, where thousands of disappeared people after their arrests are being kept and severely tortured.
Mr. Salim Baloch also gave the media the names of some persons whom he met in the torture cells. They include Mr. Mitha Khan Marri (refer to Case 3 of UA-227-2006), Mr. Ahmed Khan Marri, Mr. Amin Marri, Mr. Haji Daud Marri, Mr. Haji Gul Ahmed Marri, Mr. Karim Marri, Mr. Mir Asghar Marri, Mr. Mir Hazar Marri, Mr. Misri Khan Marri, Mr. Murad Bux Marri and Mr. Saeed Marri, all are from Balochistan province, as well as two persons from Karachi, Sindh province namely Mr. Bilal and Mr. Hafiz Tariq of Shia sect who were had been disappeared after a bomb blast at a religious gathering on 11 April 2006. Mr. Saleem Baloch could see and meet them when he was allowed to go to toilet.
All those who are still illegally detained in Rawal Pindi military torture cells, while habeas corpus application for many of them are pending before the higher courts in several provinces in Pakistan.
20 December 2006, Mr. Salim Baloch attended a court hearing relating to his habeas corpus case at the High Court of Sindh and testified about his story and gave names of the persons mentioned above and sought its intervention to release them. Despite his statement, the High Court simply closed the disappearance cases of the said three persons including Mr. Salim Baloch, saying that the case is not constituted because they are released now. The Court neither ordered an inquiry about his torture and illegal detention by the army nor took subsequent action to locate the disappeared persons, who are still detained in the military torture cells in Rawal Pindi.
According to legal practice in Pakistan, when the higher courts of Pakistan takes a note of serious human rights violations, they can take action (sou motto action) into those cases even in the situation that there is no application of the cases brought before the courts. However, the High Court of Sindh did not take the sou motto action on December 20 despite Mr. Salim Baloch’s testimony and seriousness of the matter. This is blatant negligence of the High Court which is mandated to protect the rights of its citizens, particularly disappeared persons in this case. Sadly other higher courts of Pakistan are not free from the gross negligence into those cases committed by the police and the army personnel.
As a result, the security forces are freely arrest, detain and even extrajudicially kill the persons without fearing any punishment by law in the country. For example, in Balochistan province alone where Pakistan army conducts on-going military operations, the Federal Minister of the Interior reported on 5 December 2005 that 4,000 people have been arrested since 2001. Out of 4,000 persons, only less than 200 people have been produced to the courts. The actual number of the arrested will be much higher when the disappearance cases are included.
SUGGESTED ACTION:
Please write to the concerned authorities listed below and demand their immediate and strong action to locate the disappeared persons who are believed to be detained in the military torture cells, according to Mr. Salim Baloch’s testimony. Please demand that all the persons illegally being kept in the army torture cells are immediately released or brought before courts. Please urge them to establish an effectively mandated independent commission, which will inquire all the allegation of illegal arrests, detention, torture and forced disappearances committed by the military and the police.
To support this case, please click here: SEND APPEAL LETTER
SAMPLE LETTER
Dear________,
PAKISTAN: Gross negligence of the High Court of Sindh on disappeared persons who are allegedly detained in the military torture cells
I am deeply disappointed by gross negligence of the High Court of Sindh on persons who are believed to be illegally detained in the military torture cells in Rawal Pindi.
According to the information I have received, Mr. Salim Baloch, the vice president of the Jamhoori Watan Party who had been missing for 9 months since 10 March 2006, has been released from the military torture camp in Rawal Pindi on 14 December 2006. Mr. Abdul Raoof Sasoli and Mr. Saeed Barohi, who were detained in the same military torture cell, were also released on 8-14 December 2006.
After his release, Mr. Salim Baloch bravely gave his testimony about his details of his case as well as other disappeared persons in a press conference held in Karachi, Sindh province on 19 December 2006. He testified that he was abducted from the busiest commercial area of Lyari, Sindh province on 10 March 2006 and detained in several military torture cells including those located in the cities like Bhawal Pur and Sargodha of Punjab province, Rawal Pindi adjacent to Islamabad and Rawal Pindi. During all this period, he was severely tortured by the army officers and also kept being blindfolded and handcuffed all the time except when he went to a toilet. As a result, he almost lost his eye sight and still suffers from huge pain in his eyes and has many torture marks all over his body.
Mr. Salim Baloch also gave the media about the name of some persons whom he met in torture cells. They include Mr. Mitha Khan Marri, Mr. Ahmed Khan Marri, Mr. Amin Marri, Mr. Haji Daud Marri, Mr. Haji Gul Ahmed Marri, Mr. Karim Marri, Mr. Mir Asghar Marri, Mr. Mir Hazar Marri, Mr. Misri Khan Marri, Mr. Murad Bux Marri and Mr. Saeed Marri, all are from Balochistan province, as well as two persons from Karachi, Sindh province namely Mr. Bilal and Mr. Hafiz Tariq of Shia sect who were had been disappeared after blast at religious gathering on 11 April 2006. All those who are still illegally detained in Rawal Pindi military torture cells, while habeas corpus application of many of them are pending before the higher courts in several provinces in Pakistan.
Mr. Salim Baloch testified about his story and gave names of the persons mentioned above before the High Court of Sindh while attending a court hearing relating to his habeas corpus case. I was informed that however, the High Court simply closed the disappearance cases of the said three persons including Mr. Salim Baloch without any further action to inquire about the matter. The Court neither ordered an inquiry about his torture and illegal detention by the army nor took subsequent action to locate the disappeared persons, who are still detained in the military torture cells in Rawal Pindi.
This is vivid negligence of the High Court which is mandated to protect the rights of its citizens, particularly disappeared persons in this case. Sadly other higher courts of Pakistan are not free from the gross negligence into those cases committed by the police and the army personnel. As a result, the security forces are freely arrest, detain and even extrajudicially kill the persons without fearing any punishment by law in the country. For example, in Balochistan province alone, the Federal Minister of the Interior reported on 5 December 2005 that 4,000 people have been arrested since 2001. Out of 4,000 persons, only less than 200 people have been produced to the courts.
In light of above, I strongly urge you to ensure that:
1. An inquiry about illegal detention and torture of Mr. Salim Baloch, Mr. Abdul Raoof Sasoli and Mr. Saeed Barohi are conducted immediately and bring those responsible to justice as soon as possible.
2. High Court of Sindg takes sou motto action and order a full inquiry about the illegal detention of the persons who are believed to be kept in the military torture camp in Rawal Pindi based on Mr. Salim Baloch’s testimony. Those persons should be released immediately.
3. An effectively mandated independent commission is established and it inquires all the allegation of illegal arrests, detention, torture and forced disappearances committed by the military and the police.
4. The judiciary of Pakistan to take firm action against the alleged disappearance cases committed by the army and the police and particularly takes strong action into habeas corpus applications brought before them.
5. The Government of Pakistan immediately stop illegal arrest and detention of citizens and respect their right to life and security that is guaranteed in the Constitution of Pakistan and international laws.
I look for your immediate intervention into this matter.
Yours sincerely,
———————-
PLEASE SEND YOUR LETTER TO:
1. General Pervez Musharraf
President
Presidents Secretariat
Islamabad
PAKISTAN
Fax: +92 51 922 1422, 4768/ 920 1893 or 1835
Email: (please see – http://www.presidentofpakistan.gov.pk/WTPresidentMessage.aspx)
2. Justice Iftikhar Muhammad Choudhry
Chief Justice of Pakistan
Supreme Court of Pakistan,
Constitution Avenue,
Islamabad
PAKISTAN
Tel: + 92 51 9213767
Fax: + 92 51 921 3452
E-mail: cjpakistan@yahoo.com
3. Dr. Faqir Hussan
Registrar
Supreme Court of Pakistan
Constitution Avenue, Islamabad
Tel: +92 51 921 3770
E-mail: registrar@supremecourt.gov.pk
4. Mr. Aftab Ahmed Khan Sherpao
Federal Minister of Interior
Room#404, 4th Floor, R Block,
Pak Secretariat
Islamabad (Pakistan)
Tel: +92 51 9212026
Fax: +92 51 9202624
E-mail: minister@interior.gov.pk
5. Mr. Muhammad Wasi Zafar
Minister of Law, Justice and Human Rights
S Block,
Pakistan Secretariat,
Islamabad,
PAKISTAN
Fax: +92 51 920 2628
E-Mail: minister@molaw.gov.pk
6. Justice Sabih Uddin
Chief Justice of Sindh High Court
High Court Building
Saddar
Karachi
PAKISTAN
Fax: +92 21 9213220
Email: info@sindhhighcourt.gov.pk
7. Lt. General Khalid Maqbool
Governor of Punjab
Governor House
Mall Road, Lahore
PAKISTAN
Fax: +92 42 9200023
E-mail: governor.sectt@punjab.gov.pk
8. Chief Secretary of Government of Punjab
Punjab Secretariat
Lahore
PAKISTAN
Fax: +92 42 7324489
E-mail: chiefsecy@punjab.gov.pk
9. Dr. Arbab Abdul Rahim
Chief Minister of Sindh
Chief Minister House
Karachi
PAKISTAN
E-mail: cm.sindh@sindg.gov.pk
10. Ms. Louise Arbour
United Nations High Commissioner for Human Rights
OHCHR-UNOG
8-14 Avenue de la Paix
1211 Geneva 10
Switzerland
Fax: +41 22 917 9012/0213
11. Ms Leila Zerrougui
Chairperson
Working Group on arbitrary detention
Attn: Mr Miguel de la Lama
OHCHR-UNOG
1211 Geneva 10
SWITZERLAND
Fax: +41 22 917 9006 (ATTENTION: WORKING GROUP ARBITRARY DETENTION)
PLEASE ALSO SEND A COPY OF YOUR LETTER TO:
1. Mr. Thomas Hammarberg
Office of the Commissioner for Human Rights
Council of Europe
F-67075 Strasbourg Cedex
Tel: +33 3 88 41 34 21
Fax: +33 3 90 21 50 53
E-mail: commissioner@coe.int
2. Rt. Hon. Margaret Beckett MP
Foreign & Commonwealth Office
King Charles Street
London
SW1A 2AH
Tel: +44 0207 008 1500
Fax: +44 0207 839 2417
Email: private.office@fco.gov.uk
Thank you.
Urgent Appeals Programme
Asian Human Rights Commission (ahrchk@ahrchk.org)
