Dear friends,
The Asian Human Rights Commission (AHRC) has received information that six trade union activists were arbitrarily arrested by the Pakistan Rangers, a paramilitary organization, on the behest of the owners of a power loom factory accused of creating a trade union for the workers. The six trade union activists were tortured for 30 hours, while in the custody of the Pakistani Rangers. The activists were subsequently handed over to the police where they were also severely tortured in order to extract confessional statements of being involved in extortion. The labourers resisted and refused to confess and in revenge the police filed a case of terrorism against them. They were produced before the Anti-Terrorism Court where the judge ordered that the victims should be provided with medical treatment. But the judge failed to order for an investigation of the torture committed by the police officials and did not request for a copy of the medical certificate from the hospital in order to confirm that torture had taken place. The trade unionists accuse the chief of the Citizen-Police Liaison Committee (CPLC) for using his office to arrest and torture people. The CPLC is a government organization that facilitates contact between citizens and the police.
CASE NARRATIVE:
The federal government of Pakistan and the provincial government of Sindh are running a campaign against extortion in the province. Extortion is undertaken by groups from the ruling parties that are fighting about who have the jurisdictions to extort. The owners of the power looms factories were against the formation of a trade union for this industry. With the help of the Chief of the CPLC, who is also running a factory of Pakistan cables, they sought to curb the trade union’s activities.
On 21 March 2012, Pakistan Rangers arrested seven workers from Ittehad industrial town, Baldia town, Karachi and detained them illegally for 30 hours in their private torture cell where they were tortured. It is pertinent to mention here that the Power loom Mazrdoor Union has filed an application before the Labour Department of Government of Sindh and asked for an intervention in order to address the malpractices of the owners of the power looms. The owners of the power looms have been accused of not allowing labour inspections, running factories in residential areas, not paying workers according to the government announcements, forcing people to work for ten to twelve hours a day and stealing the electricity from the labour communities. The date for the reconciliation was fixed for 22 March but the owners refused to come for the reconciliation.
One young person, Hazrat Yousaf, was released from the Pakistan Rangers custody on 23 March. Since then he has not stopped crying and is unable to tell friends and parents what happened him. His friends tell that he received unethical treatment from the rangers. When the news of the abduction and detention of the seven persons by the Pakistan Rangers spread to labourer community and trade unions there were protests. Due to public pressure the Rangers handed over the activists to the Police on 23 March in the early morning at 2am.
The station house officer (SHO) of Mowachko police station, Sub Inspector Nasir Mehmood, was a friend of the owners of the factory and chief of the CPLC. Nasir Mehmood tortured the trade union activists the whole night and the following day in order to extract confession. He wanted the trade union activists to confess that they had extorted Rupees 710, 000 (US Dollars 7977) per month from the owners of the power loom factories. The victims refused to confess that they were involved in the extortion and as a result the police tortured them for 36 hours non-stop. Police filed the 12 workers including the office bearers of the union with charges on the preceding day which was the date of 14 March and therefore the police tampered with the dates of the crimes. The police are also raided the houses of the other six activists of the union including the president and the general secretary of Power looms Mazdoor Union. The activists that had homes raided are; Mr. Abdul Muhammad, president of All Ittehad power looms Mazdoor union, Mr. Mohammad Amin, general secretary of the union, MMr. Khan Zareen, Mr. Umer Gul, Mr. Owais Gul and Mr. Azam Khan. All of them are now in hiding.
At 2pm on 24 March, the police produced the victims before the Anti-Terrorism Court number 2 Karachi. In the court the judge ordered the investigation officer to provide medical treatment to the victims, but did order for an investigation into the charges of torture while being in the custody of the Rangers and the police. The judge should have done so in accordance with the code of conduct under the law.
According to the court proceedings, the labourers were all badly injuried due to torture. Mr. Saif Ur Rehman had received leg injuries, Mr. Naik Muhammad had received deep injuries on both of his hands, Mr. Irshad received eye injuries, Mr. Muhammad Rome received torture marks on his body, Mr. Nizam Uddin received torture marks on his body, and Mr. Akhter Ali also received torture marks on the body. The court fixed the next hearing for 29 March.
ADDITIONAL INFORMATION:
There are around 2,000 power-looms and towel manufacturing industries in Ittehad Industrial Town, which are not duly registered under the Factory Act. The workers working in the factories question do not have appointment letters and they are not registered with the EOBI (Employees Old-age Benefit Institution) or with any other organization that is responsible for their welfare.
The workers who were arrested are all from one group of textile mills by the name of Al-Karam textiles. The power looms want to avoid the taxes on textile mills and has therefore divided this group into small units. In these smaller units not more than 10 persons are hired in an effort to avoid trade unions and labour laws. In all these units, workers work for 10 to 12 working hours and the owners do not allow for factory inspections. The Labour Department turns a blind eye towards these practices.
Six running factories belong to this group. Their names are; Noman power loom 1, 2 and 3, Chawla poer looms, Rafia power looms. In all of these factories the the government officers are not allowed to enter in order to inspect the factory according to the factory acts.
SUGGESTED ACTION:
Please write letters to the authorities listed in the below and call on them for an immediate release of the workers of power looms who have been arrested on the charges of terrorism and extortion. Please urge them to prosecute the officials of Mowachko police station, its SHO and the commander of the Rangers, Baldia Town for keeping labourers in illegal custody and torturing them in order to extract confessions of extortion. The judge of Anti-Terrorism Court Number 2, Karachi, should also be prosecuted for not taking action against the Rangers and the police for conducting torture while the victims were in their custody.
The AHRC writes a separate letter to the UN Special Rapporteurs on Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment and Working Group on Arbitrary Arrests and Detention calling for their urgent intervention into this matter.
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SAMPLE LETTER
Dear ___________,
PAKISTAN: Six power loom workers were detained, tortured and tried in Anti-Terrorism Court for formation of trade union
Names of victims of torture:
1. Mr. Saif Ur Rehman, son of Mr. Muhammad Zahid
2. Mr. Naik Muhammad, son of Mr. Muhammad Qayum
3. Mr. Irshad, son of Mr. Gohar Rehman
4. Mr. Muhammad Rome, son of Mr. Mohammad Zaman
5. Mr. Nizam Uddin, son of Mr. Awas Gul
6. Mr. Akhter Ali, son of Mr. Muhammad Shreef
7. Mr. Hazrat Yousaf
All were tortured in Pakistan Rangers and police custody. All of them are residents of Ittehad Industrial Town, Baldia Town, Karachi, Sindh province
Names of alleged perpetrators:
1. Mr. Nasir Mehmood, Sub Inspector, station head officer (SHO) Mowachko police station, Baldia Town, Karachi, Sindh province
2. Pakistan Rangers, Karachi, Sindh province
3. Mr. Rehan Chawla, owner of the power looms factories, Ittehad town, Baldia Town, Karachi, Sindh province
4. Mr. Ahmad Chinoy, chief of the Citizen-Police Liaison Committee (CPLC), Karachi, Sindh province
Date of incident: 21 March 2012
Place of incident: Ittehad Industrial Town, Baldia Town, Karachi, Sindh province
I am writing to voice my deep concern regarding the illegal arrest of six workers from power loom factories and the severe torture they suffered while in the custody of Pakistan Rangers and Mowachko police station, Karachi. They were charged on anti terrorist activities and are being tried at the Anti-Terrorism Court Karachi. They were arrested for creating a trade union for the power loom industry. This industry does not follow the labour laws and refuses to implement the wage increases in according with the announcement of the government.
I am shocked to find out that in labour disputes Pakistan Rangers were involved and rangers resorted to torture of the labourers on the behest of the owners of the power loom factories and the chief of the CPLC, the CPLC is a government organization that facilitates contact between citizens and the police. This is an act which in all its forms is against the law and yet the Rangers still behave as if they are above the law. The power of the Rangers should be minimized so they only deal with terrorists and not with the ordinary labourers.
It is inconceivable for me that instead of resolving the labour dispute and recognizing the right to form trade unions in the factories according to the laws of the Sindh province the authorities have allowed law enforcement agencies to exercise powers with absolute impunity. The authorities are using extortion against the working class rather than taking action against those groups which are known extortionists and are in the coalition government.
The federal and provincial governments of Sindh are running a campaign against extortion in the province. Extortion is undertaken by groups from the ruling parties that are fighting about who have the jurisdictions to extort. The owners of the power looms factories were against the formation of a trade union for this industry. With the help of the Chief of the CPLC, who is also running a factory of Pakistan cables, they sought to curb the trade union's activities.
I learned that on 21 March, Pakistan Rangers arrested seven workers from Ittehad industrial town, Baldia town, Karachi and detained them illegally for 30 hours in their private torture cell where they were tortured. It is pertinent to mention here that the Power loom Mazrdoor Union has filed an application before the Labour Department of Government of Sindh and asked for an intervention in order to address the malpractices of the owners of the power looms. The owners of the power looms have been accused of not allowing labour inspections, running factories in residential areas, not paying workers according to the government announcements, forcing people to work for ten to twelve hours a day and stealing the electricity from the labour communities. The date for the reconciliation was fixed for 22 March but the owners refused to come for the reconciliation.
I am distressed to hear that one young person, Hazrat Yousaf, was released from the Pakistan Rangers custody on 23 March and since then has not stopped crying and is unable to tell friends and parents what happened him. His friends tell that he received unethical treatment from the rangers. When the news of the abduction and detention of the seven persons by the Pakistan Rangers spread to labourer community and trade unions there were protests. Due to public pressure the Rangers handed over the activists to the Police on 23 March in the early morning at 2AM.
I was informed that the station house officer (SHO) of Mowachko police station, Sub Inspector Nasir Mehmood, was a friend of the owners of the factory and chief of the CPLC. Nasir Mehmood tortured the trade union activists the whole night and the following day in order to extract confession. He wanted the trade union activists to confess that they had extorted Rupees 710, 000 (US Dollars 7977) per month from the owners of the power loom factories. The victims refused to confess that they were involved in the extortion and as a result the police tortured them for 36 hours non-stop. Police filed the 12 workers including the office bearers of the union with charges on the preceding day which was the date of March 14 and therefore the police tampered with the dates of the crimes. The police are also raided the houses of the other six activists of the union including the president and the general secretary of Power looms Mazdoor Union. The activists that had homes raided are; Mr. Abdul Muhammad, president of All Ittehad power looms Mazdoor union, Mr. Mohammad Amin, general secretary of the union, MMr. Khan Zareen, Mr. Umer Gul, Mr. Owais Gul and Mr. Azam Khan. All of them are now in hiding.
At 14 hours on 24 March, the police produced the victims before the Anti-Terrorism Court number 2 Karachi. In the court the judge ordered the investigation officer to provide medical treatment to the victims, but did order for an investigation into the charges of torture while being in the custody of the Rangers and the police. The judge should have done so in accordance with the code of conduct under the law.
According to the court proceedings, the labourers were all badly injuried due to torture. Mr. Saif Ur Rehman had received leg injuries, Mr. Naik Muhammad had received deep injuries on both of his hands, Mr. Irshad received eye injuries, Mr. Muhammad Rome received torture marks on his body, Mr. Nizam Uddin received torture marks on his body, and Mr. Akhter Ali also received torture marks on the body. The court fixed the next hearing for 29 March.
Therefore, I urge you to take strong action against the perpetrators, immediately release the arrested workers from the power looms who are accused of the charges of terrorism and extortion. Please prosecute the officials of Mowachko police station, its SHO and the commander of the Rangers for keeping labourers in illegal custody and conducting torture in order to extract confessional statement about extortion. The judge of the Anti-Terrorism Court Number 2, Karachi, should also be prosecuted for not taking action against the Rangers and the police who are guilty of conducting torture on innocent victims in their custody.
I also urge you to implement and follow all of the articles of International Covenant of Civil and Political Rights (ICCPR) and International Labour Convention (ILO) which have been ratified by the government of Pakistan. Allow for the formation of trade unions where less than 10 workers are working and hired on contract. The labourers should also be paid according to the labour laws. The labour department of every province should be prosecuted for not implementing the labour laws in small units and accepting huge bribes. The government should conduct inquiries against such practices.
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. ILO Country Office for Pakistan
ILO Building, Sector G-5/2, Near State Bank of Pakistan
Islamabad
44000
PAKISTAN
Tel: +92 51 2276456-8
Fax: +92 51 2279181-2
Email: islambad@ilo.org
5. Mr. Syed Khursheed Shah
Federal Minister for Labour, Manpower and Overseas Pakistanis"
B-Block, 5th Floor, Room No. 507
Pak Secretariat, Ministry of Labour Manpower and Overseas Pakistanis
Islamabad
PAKISTAN
Tel: +92 51 9210077
Fax: +92 51 9205704
Email: mol_gov@yahoo.com
6. Mr. Ameer Nawab Khan
Minister for Labour Sindh
Government of Sindh
Old K. D. A. Building,
1st Floor, Secretariat No-3
Kamal Ata Turk Road
Karachi
PAKISTAN
Tel: +92- 21-99213857-58
Fax: +92-21 99213859
Email: junejobhural@yahoo.com
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
E-mail: lukshmil@yahoo.com
8. 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
9. Chief Justice of Sindh High Court
High Court Building
Saddar, Karachi
Sindh Province
PAKISTAN
Fax: +92 21 9213220
E-mail: registrar@sindhhighcourt.gov.pk
Thank you.
Urgent Appeals Programme
Asian Human Rights Commission (ua@ahrc.asia)
