Dear friends,
The Asian Human Rights Commission (AHRC) has received information that a 14-year-old girl was gang raped by influential persons from a political party, and the matter was settled with compensation of 1200 kilograms of wheat through the illegal jirga system. The girl’s father says he had no choice but to accept the compensation, as the rapists were influential persons and he is simply a peasant. Following media attention, one of the perpetrators was arrested, while the other remains at large. The police have also taken no action against those conducting the illegal jirga. The girl’s family is living in fear from threats by influential persons.
CASE NARRATIVE: (Based on information received from the Sindh Rural Partner Organization (SRPO) and Mr. Veerji Kohli, Chairman of the Union Council, Umer Kot)
On 20 March 2016, the 14-year-old daughter of Sheikh Suleman, Miss R, resident of Sai Dar Mangrio village, Union Council Ghulam Nabi Shah, Tehsil Pithoro, Umer Kot District, Sindh Province, Pakistan, was gang raped by two brothers, Mustaq Mangrio and Suleman Mangrio. The gang rape was confirmed by the district hospital. The rapists were landlords who had employed 14 of her family members as bonded labourers, and members of the PML-Functional political party, which is run by a spiritual leader and claims to haves links with General Head Quarters.
Though the Umer Kot police lodged a First Information Report (FIR) on the complaint of the victim’s brother, they refused to take any action against the perpetrators. The police also facilitated the landlords to settle the case through the illegal and parallel court, the jirga, run by tribal leaders. The Jirga decided that the alleged rapists will pay 1200 kilograms of wheat as compensation. The chief of the Jirga also announced that the perpetrators will write off the loan of Rupees 130,000, although Mr. Sheikh and his family were ignorant of any such loan. When Mr. Sheikh was reluctant to accept this decision, he and his family were continuously threatened to accept the deal and withdraw the rape complaint. Mr. Sheikh finally agreed to the decision, telling local reporters that he did so as he is a poor man and does not have resources for survival.
When this case was spotlighted in the media, one member of Sindh Assembly, Mr. Sardar Shah, got involved and asked the police to investigate and arrest the perpetrators. As Mr. Shah was from the ruling party, PPP, the police were forced to take action. One perpetrator, Mushtaq Mangrio, was arrested, but Suleman Mangrio is still at large. The local police registered the case under Sections 376 (2) and 34 of the Pakistan Penal Code.
Although the Jirga decision was declared null and void, the police have not arrested those who conducted the illegal jirga proceedings and relieved the rapists. According to the police, they are not aware of any jirga being held in the jurisdiction of Umer Kot police station. According to media reports, Hassan Mangrio, who had allegedly forced the victim’s parents to settle the issue, also denied any such jirga, and said “the rape matter might have been settled between the accused and victim’s family”.
The landlords of Sindh are particularly notorious for unimaginable human rights abuse of the farmers who work in their fields. Many cases of rape go unreported due to the fear of the powerful landlord who exerts great authority and clout in his area. Many victims are forced to flee their homes or are murdered to silence them. To date, no accused rapist has been prosecuted or punished for their crime.
ADDITIONAL INFORMATION:
Rape in Pakistan has been and continues to be a tool for suppressing women in the country. A report released by War against Rape (WAR) reveals that four women are raped every day in Pakistan. During 2015, as monitored by Human Rights Commission of Pakistan (HRCP), 939 women became victims of sexual violence. Despite the volume of cases, the rate of prosecution remained fairly low. Rape is notoriously difficult to prosecute in Pakistan. In many rape and gang rape incidents, the parents are forced to withdraw the cases due to political pressure. The lack of access to justice, effective investigation of allegations and prosecution of perpetrators has caused rape to become endemic.
Jirgas inherently follow traditional norms which do not favor the weak. The absence of rule of law and lack of political will to outlaw Jirgas has allowed the system to subsist with impunity. The formal legal system that Pakistan inherited after partition was not expanded to tribal regions post independence, and the codified system of criminal and civil law was not allowed to be implemented in the regions governed by feudal politicians.
SUGGESTED ACTION:
Please write letters to the Sindh government calling on them to arrest and prosecute the influential persons and local high police officials of Ghulam Nabi Shah Tehsil Pithoro, Umer Kot, who conducted the illegal Jirga and exonerated the rapists with 1200 kilograms of wheat as compensation. The authorities should also protect the victim and her family from the wrath of the local influential persons threatening them. The authorities must also provide medical treatment to the victim. Please further urge the Pakistani authorities to take strong action against the unconstitutional parallel justice system of Jirgas that perpetuates violence against women.
The AHRC is writing a separate letter to the UN Special Rapporteur on violence against women, its causes and consequences, calling for their intervention into this matter.
To support this case, please click here: SEND APPEAL LETTER
SAMPLE LETTER
Dear ___________,
PAKISTAN: Illegal jirga settles gang rape of minor with 1200 kilograms of wheat
Name of victim: Miss R, daughter of Sheikh Suleman
Names of alleged perpetrators:
1.Mushtaq Mangrio, landlord Sai Dar Mangrio village, Ghulam Nabi Shah Tehsil Pithoro, Umer kot District Sindh province
2.Suleman Mangrio, landlord Sai Dar Mangrio village, Ghulam Nabi Shah Tehsil Pithoro, Umer kot District Sindh province
Police officials of Umer Kot police station, Sindh
Date of incident: 20 March 2016
Place of incident: Sai Dar Mangrio village
I am writing to voice my deep concern regarding a case of a 14-year-old girl who was gang raped by influential persons from a political party, and the matter was settled with compensation of 1200 kilograms of wheat through the illegal jirga system.
I was shocked to know that the girl’s father says he had no choice but to accept the compensation, as the rapists were influential persons and he is simply a peasant. Following media attention, one of the perpetrators was arrested, while the other remains at large. The police have also taken no action against those conducting the illegal jirga. The girl’s family is living in fear from threats by influential persons.
According to the information I received that on 20 March 2016, the 14-year-old daughter of Sheikh Suleman, Miss R, resident of Sai Dar Mangrio village, Union Council Ghulam Nabi Shah, Tehsil Pithoro, Umer Kot District, Sindh Province, Pakistan, was gang raped by two brothers, Mustaq Mangrio and Suleman Mangrio. The gang rape was confirmed by the district hospital. The rapists were landlords who had employed 14 of her family members as bonded labourers, and members of the PML-Functional political party, which is run by a spiritual leader and claims to haves links with General Head Quarters.
I am appalled to receive the information about lethargic way of police action that though the Umer Kot police lodged a First Information Report (FIR) on the complaint of the victim’s brother, they refused to take any action against the perpetrators. The police also facilitated the landlords to settle the case through the illegal and parallel court, the jirga, run by tribal leaders. The Jirga decided that the alleged rapists will pay 1200 kilograms of wheat as compensation. The chief of the Jirga also announced that the perpetrators will write off the loan of Rupees 130,000, although Mr. Sheikh and his family were ignorant of any such loan. When Mr. Sheikh was reluctant to accept this decision, he and his family were continuously threatened to accept the deal and withdraw the rape complaint. Mr. Sheikh finally agreed to the decision, telling local reporters that he did so as he is a poor man and does not have resources for survival.
When this case was spotlighted in the media, one member of Sindh Assembly, Mr. Sardar Shah, got involved and asked the police to investigate and arrest the perpetrators. As Mr. Shah was from the ruling party, PPP, the police were forced to take action. One perpetrator, Mushtaq Mangrio, was arrested, but Suleman Mangrio is still at large. The local police registered the case under Sections 376 (2) and 34 of the Pakistan Penal Code.
Although the Jirga decision was declared null and void, the police have not arrested those who conducted the illegal jirga proceedings and relieved the rapists. According to the police, they are not aware of any jirga being held in the jurisdiction of Umer Kot police station. According to media reports, Hassan Mangrio, who had allegedly forced the victim’s parents to settle the issue, also denied any such jirga, and said “the rape matter might have been settled between the accused and victim’s family”.
The landlords of Sindh are particularly notorious for unimaginable human rights abuse of the farmers who work in their fields. Many cases of rape go unreported due to the fear of the powerful landlord who exerts great authority and clout in his area. Many victims are forced to flee their homes or are murdered to silence them. To date, no accused rapist has been prosecuted or punished for their crime.
I therefore, urge upon you to arrest and prosecute the influential persons and local high police officials of Ghulam Nabi Shah Tehsil Pithoro, Umer Kot, who conducted the illegal Jirga and exonerated the rapists with 1200 kilograms of wheat as compensation. The authorities should also protect the victim and her family from the wrath of the local influential persons threatening them. The authorities must also provide medical treatment to the victim. I further urge to take strong action against the unconstitutional parallel justice system of Jirgas that perpetuates violence against women.
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: pspm@pmsectt.gov.pk, Email: info@pmo.gov.pk
2.Mr. Chaudhry Nisar Ali Khan
Federal Minister for Interior
Ministry of Interior of Pakistan
R Block, Pak Secretariat
Islamabad
PAKISTAN
Tel: +92 51 9212026
Fax: +92 51 9202624
Email: interior.complaintcell@gmail.com,
ministry.interior@gmail.com
3.Mr. Zahid Hamid
Federal Minister for Human Rights
Ministry of Human Rights
State Life Building No. 5, Blue Area,
Jinnah Avenue, China Chowk, Islamabad
Fax: +92 51 9204108
Email: contact@molaw.gov.pk
4. Mr. Syed Qaim Ali Shah
Chief Minister of Sindh
The Government of Sindh Province
Karachi, Sindh Province
PAKISTAN
Fax: +92 21 920 2000
Email: pressecy@cmsindh.gov.pk
5. Mr. Sohail Anwar Khan Siyal
Minister for Home
Government of Sindh
Barrack 79, Pakistan Secretariat
Near MPA hostel
Karachi, Sindh Province
PAKISTAN
Fax: +92 21 9204456
Tel: +92 21 9201920-1
E-mail: secy.home@sindh.gov.pk
6. Mr. Tahir Shahbaz
Registrar
Supreme Court of Pakistan
Constitution Avenue, Islamabad
PAKISTAN
Fax: +92 51 9213452
Email: mail@supremecourt.gov.pk
7. Chief Justice of Sindh High Court
High Court Building
Saddar, Karachi
Sindh Province
PAKISTAN
Fax: +92 21 9213220
E-mail: info@sindhhighcourt.gov.pk
8. Ms. Justice Majida Rizvi
Chairperson Sindh Human Rights Commission
Government of Sindh
Room No’s 408 & 414,
Sindh Secretariat Building No-03, (Old KDA Building),
Kamal Ata Turk Road, Karachi- 74200.
Tel: 021-99217318
Fax: 021-99217317.
Email: shrcommission@gmail.com
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)
