Dear Friends,
The Asian Human Rights Commission (AHRC) has received updated information regarding the torture, arbitrary detention, extortion and abuse of power by the Punjab police against a family, the father and his two sons, for the past four years.
The only crime of the family was that they dared to use their civil rights to complain against police atrocities, torture and also getting back the extorted money of hundreds of thousands from police officials. Resultantly the officers are threatening them that they will be killed in encounter if they do not take back their complaints from High Court, Lahore, and also from the other authorities including the Anti-Corruption directorate.
In my opinion, the case is a classic example of how criminal justice system in Pakistan fails to protect the rights of the citizens from abuse of power. The family is made to suffer the wrath of police officers who think of themselves above the law and thus free to perpetuate atrocities in the name maintenance of law and order. This case is also example that how police from different police stations ganged up to protect their brothers in uniforms.
CASE NARRATIVE:
According to information received from Star welfare organization, the two brothers, Mr. Shehzad Hussain and Mr. Saeed Hussain and their father Mr. Muhammad Hussain, are agriculturist from Mouza Uthwal Jagheer, Tehsil district Okara, were tortured, harassed and threatened by police officials of Ravi and Okara police stations for demanding their money back from Station House Officer (SHO) Meher Muhammud Ismail and Sub Inspector (SI) Mujahid Hussain. Both the officials are still posted and serving at the Ravi police station despite several complaints of torture, fake police encounter and extortion filed against them.
The case was against the police officers of Ravi police station but the police from CIA B division, Okara took the revenge from the victims for complaining against their brothers in Uniforms.
Please find here the copies of FIR, medical certificate of torture and other related documents.
According to the details received, on 28 December, 2012, Mr. Saeed Hussain son of Muhammad Hussain was arrested in Okara without charge by Mehar Muhammad Ismail, the station Head Officer (SHO) CIA B division Okara police station; on the pretext that he was roaming on the streets at night. Saeed was tortured at different private detention places for more than four days during which period police officials were asking huge amount as bribe for his release. The family of Saeed was released after paying Rupees 80,000 as bribe.
Subsequently on January 14, 2013 Saeed filed an application with the Director General Anti-Corruption, Lahore, against the SHO Ravi police station. Upon inquiry, which lasted a month, it transpired that the SHO has indeed received bribe and was guilty of harassing an innocent citizen, he was asked to submit the entire amount of bribe in the office of Deputy Superintendent Police (DSP), Circle Okara. The SHO submitted amount but did not bury the hatchet. He threatened Saeed before the office of directorate that he will seek revenge whenever he is posted again in the police station in the jurisdiction of Saeed’s residence.
To give an exemplary punishment to the family, the police from another police station, A Division Okara, Punjab, was used to punish the family. On April19, 2015, Mr. Muhammud Hussain, the father of the two brothers, was arrested from District Head Quarter (DHQ) hospital, Okara, by the SHO of A Division police, sub inspector Shafqat Ameer, and five other police officials, kept in different private torture cells. The police also snatched amount of rupees 35,000 from him. The police asked to pay half a million rupees if the family want to get him released otherwise he will be killed in fake encounter. After a deal the A division police station was paid rupees three hundred and fifty thousand.
Unfortunately, in 2015 Mehar Muhammud, the SHO, was posted at Ravi police station. Mehar has also brought Sub Inspector (SI) Mujhaid with him and posted him in the same police station. also posted at the said police station. The two has conspired to implicate and punish Saeed and his family member under false charges whenever they get a chance.
In an act of vengeance on January 02, 2016 at around 6 pm SHO Mehar Muhammad Ismail, SI Mujahid Hussain (Investigation), Mumshad Constable, Police Station Ravi, District Okara and seven other un-uniformed persons barged in side Shehzad’s home took away the family’s valuables and arrested him without charge.
At the police station, the younger brother, Shehzad, was tortured by inserting chili powder into his anal area, he was beaten black and blue, and hung from a steel rod in front of his father. Shehzad was released after the family paid bribe money for his release. Post his release Shehzad was immediately rushed to the hospital and a Medico Legal Certificate was obtained to prove torture.
On January 08, 2016 a written application was also made before Director Anti-Corruption, Sahiwal, however to date the Director has taken no action against the delinquent police officers nor have they been reprimanded for their misdeed and illegal act. Though the officer is duty bound to take immediate action the family has not received any update on the status of their application so far.
Though no case has been filed against Shehzad he is made to suffer mental and physical torture for complaining against the unwarranted and illegal act of the corrupt police officials. He is threatened and forced to withdraw his complaint by the alleged perpetrator of torture. The constitutional guarantee of safety from arbitrary arrest as envisaged in Article 10 of the constitution of Pakistan which states that “No person who is arrested shall be detained in custody without being informed, as soon as may be, of the grounds for such arrest” is being denied to Shehzad who is a law abiding citizen of Pakistan.
Furthermore, torturing the victims is in itself is a direct violation of Article 14(2) that prohibits torture in all forms. The article states (2) No person shall be subjected to torture for the purpose of extracting evidence.
The family of Muhammad Hussain including his two brothers are under threat from the police officers who are threatening to kill them in false encounter. The fact that the two brothers were tortured kept in arbitrary detention and threatened by the law enforcement officials; speak volumes about the state of rule of law in the country. The physical and mental trauma suffered by the victim and his family is unfortunately not an isolated incident. Many lives are lost and damaged forever due to the unbridled and unchecked impunity granted to these law enforcement agency officials by the state. A terrorized citizenry in a so called democratic state is unheard of anywhere else in the world.
ADDITIONAL INFORMATION:
The police stations in Pakistan have become bastions of corruption where torture reigns supreme. Throughout the country, there are around 1300 police stations and every day at least one person undergoes physical torture in every police station, in addition to the many cases of mental torture. It would be unimaginable for a person who is arrested to be spared physical or mental torture. The top to bottom corruption in the policing system has made it impossible for the common man to approach the police for redressal. People are afraid of seeking police’s help and would rather not report a crime resulting in increase in crime rate throughout the country.
Torture is also very commonly used for extortion, to demand bribes. Torture and extortion are well connected. Torture is not only used to get information; the purpose is generally extortion. People pay the bribe even if they are tortured, to lessen the degree of torture. After taking accused persons into custody, the police do not formally arrest him/her for several days. They then ask for a bribe to file a case under a bail able offence; if the bribe is not paid, then the person is arrested under a heinous crime, as punishment for not bribing the police.
SUGGESTED ACTION:
Please write to the authorities listed below calling them to initiate an immediate, impartial inquiry into the arbitrary arrest and custodial torture of Muhammad Hussain and his two sons Shehzad and Saeed Hussain and extorting the bribe of hundreds and thousands of Rupees. Please also ask them to provide protection and compensation to the family of the victim. Please urge the authorities to take stern action against the delinquent and corrupt police officer of Ravi Police station Okara and A-Division police station, Okara. Also please urge the authorities to bring to book the perpetrator of torture.
The AHRC is writing a separate letter to the UN Special Rapporteurs on torture, and chairperson of the UN working group on arbitrary detention, calling for their intervention into this case.
To support this case, please click here: SEND APPEAL LETTER
SAMPLE LETTER
Dear ___________,
PAKISTAN: Police torture and extort huge bribe from father, two sons for complaining to higher authorities including courts
Names of victims:
1. Muhammad Saeed son of Muhammad Hussain, caste Athwal, resident of Mouza Uthwal Jagheer, Tehsil and District Okara.
2. Mr. Shahzad Hussain son of Muhammad Hussain, caste Athwal, resident of Mouza Uthwal Jagheer, Tehsil and District Okara.
3. Mr. Muhammad Hussain son of Daulat Khan, caste Athwal, resident of Athwal Jageer, Tehsil and District Okara.
Names of alleged perpetrators:
1.Mehar Muhammad Ismaeel, Station House Officer, Police Station Ravi, District Okara.
2.Mujahid Hussain, Sub Inspector (Investigation), Police Station Ravi, District Okara.
3.Mumshad Constable No. 1555/C, Police Station Ravi, District Okara.
4.Sub Inspector Shafqat Ameer, Station House Officer (SHO), of A Division Police station, Okara, Punjab
5.Constable Shahid Gogera, A Division Police station, Okara, Punjab
6.Constable Zohaib Yousaf, A Division Police station, Okara, Punjab
7.Constable Javed, A Division Police station, Okara, Punjab
8. Constable Adnan, A Division Police station, Okara, Punjab
Date of incident: December 28, 2012, April 19, 2015, December 19, 2015 and January 02, 2016
Place of incident: Mouza Uthwal Jagheer, Tehsil and District Okara, Punjab
I am writing to voice my deep concern regarding the torture, arbitrary detention, extortion and abuse of power by the Punjab police against a family, the father and his two sons, for the past four years.
I am distressed that the only crime of the family was that they dared to use their civil rights to complain against police atrocities, torture and also getting back the extorted money of hundreds of thousands from police officials. Resultantly the officers are threatening them that they will be killed in encounter if they do not take back their complaints from High Court, Lahore, and also from the other authorities including the Anti-Corruption directorate.
For me the case is a classic example of how criminal justice system in Pakistan fails to protect the rights of the citizens from abuse of power. The family is made to suffer the wrath of police officers who think of themselves above the law and thus free to perpetuate atrocities in the name maintenance of law and order. This case is also example that how police from different police stations ganged up to protect their brothers in uniforms.
According to information I have received that the two brothers, Mr. Shehzad Hussain and Mr. Saeed Hussain and their father Mr. Muhammad Hussain, are agriculturist from Mouza Uthwal Jagheer, Tehsil district Okara, were tortured, harassed and threatened by police officials of Ravi and Okara police stations for demanding their money back from Station House Officer (SHO) Meher Muhammud Ismail and Sub Inspector (SI) Mujahid Hussain. Both the officials are still posted and serving at the Ravi police station despite several complaints of torture, fake police encounter and extortion filed against them.
The case was against the police officers of Ravi police station but the police from CIA B division, Okara took the revenge from the victims for complaining against their brothers in Uniforms.
Please find here the copies FIR, medical certificate of torture and other related documents.
It is shocking for me that on 28 December, 2012, Mr. Saeed Hussain son of Muhammad Hussain was arrested in Okara without charge by Mehar Muhammad Ismail, the station Head Officer (SHO) CIA B division Okara police station; on the pretext that he was roaming on the streets at night. Saeed was tortured at different private detention places for more than four days during which period police officials were asking huge amount as bribe for his release. The family of Saeed was released after paying Rupees 80,000 as bribe.
Subsequently on January 14, 2013 Saeed filed an application with the Director General Anti-Corruption, Lahore, against the SHO Ravi police station. Upon inquiry, which lasted a month, it transpired that the SHO has indeed received bribe and was guilty of harassing an innocent citizen, he was asked to submit the entire amount of bribe in the office of Deputy Superintendent Police (DSP), Circle Okara. The SHO submitted amount but did not bury the hatchet. He threatened Saeed before the office of directorate that he will seek revenge whenever he is posted again in the police station in the jurisdiction of Saeed’s residence.
To give an exemplary punishment to the family, the police from another police station, A Division Okara, Punjab, was used to punish the family. On April19, 2015, Mr. Muhammud Hussain, the father of the two brothers, was arrested from District Head Quarter (DHQ) hospital, Okara, by the SHO of A Division police, sub inspector Shafqat Ameer, and five other police officials, kept in different private torture cells. The police also snatched amount of rupees 35,000 from him. The police asked to pay half a million rupees if the family want to get him released otherwise he will be killed in fake encounter. After a deal the A division police station was paid rupees three hundred and fifty thousand.
Unfortunately, in 2015 Mehar Muhammud, the SHO, was posted at Ravi police station. Mehar has also brought Sub Inspector (SI) Mujhaid with him and posted him in the same police station. also posted at the said police station. The two has conspired to implicate and punish Saeed and his family member under false charges whenever they get a chance.
I am appalled to know in an act of vengeance on January 02, 2016 at around 6 pm SHO Mehar Muhammad Ismail, SI Mujahid Hussain (Investigation), Mumshad Constable, Police Station Ravi, District Okara and seven other un-uniformed persons barged in side Shehzad’s home took away the family’s valuables and arrested him without charge.
At the police station, the younger brother, Shehzad, was tortured by inserting chili powder into his anal area, he was beaten black and blue, and hung from a steel rod in front of his father. Shehzad was released after the family paid bribe money for his release. Post his release Shehzad was immediately rushed to the hospital and a Medico Legal Certificate was obtained to prove torture.
On January 08, 2016 a written application was also made before Director Anti-Corruption, Sahiwal, however to date the Director has taken no action against the delinquent police officers nor have they been reprimanded for their misdeed and illegal act. Though the officer is duty bound to take immediate action the family has not received any update on the status of their application so far.
Though no case has been filed against Shehzad he is made to suffer mental and physical torture for complaining against the unwarranted and illegal act of the corrupt police officials. He is threatened and forced to withdraw his complaint by the alleged perpetrator of torture. The constitutional guarantee of safety from arbitrary arrest as envisaged in Article 10 of the constitution of Pakistan which states that “No person who is arrested shall be detained in custody without being informed, as soon as may be, of the grounds for such arrest” is being denied to Shehzad who is a law abiding citizen of Pakistan.
Furthermore, torturing the victims is in itself is a direct violation of Article 14(2) that prohibits torture in all forms. The article states (2) No person shall be subjected to torture for the purpose of extracting evidence.
I hereby inform you that the family of Muhammad Hussain including his two brothers are under threat from the police officers who are threatening to kill them in false encounter. The fact that the two brothers were tortured kept in arbitrary detention and threatened by the law enforcement officials; speak volumes about the state of rule of law in the country. The physical and mental trauma suffered by the victim and his family is unfortunately not an isolated incident. Many lives are lost and damaged forever due to the unbridled and unchecked impunity granted to these law enforcement agency officials by the state. A terrorized citizenry in a so called democratic state is unheard of anywhere else in the world.
I, therefore call upon you to initiate an immediate, impartial inquiry into the arbitrary arrest and custodial torture of Muhammad Hussain and his two sons Shehzad and Saeed Hussain and extorting the bribe of hundreds and thousands of Rupees. I also urge you to provide protection and compensation to the family of the victim. Please take stern action against the delinquent and corrupt police officer of Ravi Police station Okara and A-Division police station, Okara. I am also urging the authorities to bring to book the perpetrator of torture.
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. Justice Zaheer Jamali,
Chief Justice of Pakistan
Supreme Court of Pakistan
Constitution Avenue, Islamabad
PAKISTAN
Fax: + 92 51 9213452
E-mail: mail@supremecourt.gov.pk
5.Mr. Rafiq Rajwana
Governor of Punjab
Governor House
Mall Road
Lahore, Punjab
PAKISTAN
Fax: +92 42 99203044
Email: governor.sectt@punjab.gov.pk
6. Mr. Chief Justice of Punjab Province
Lahore High Court
Shahra-e-Quaid-e-Azam, Lahore
PAKISTAN
Tel: +92 42 99212951-66
Fax: +92 42 99212279
Email: webmasterlhc@lhc.gov.pk
7. Mr. Shahbaz Sharif
Chief Minister
Government of Punjab
Province’ Chief Minister
Secretariat’ 5-Club Road
GOR-I, Lahore, Punjab
PAKISTAN
Fax: +92 42 99205065
Email: cmcomplaintcell@cmpunjab.gov.pk
Thank you.
Urgent Appeals Programme
Asian Human Rights Commission (ua@ahrc.asia)
