Dear friends,
It has come to the attention of the Asian Human Rights Commission (AHRC) that a jirga was organized in the case of Hidayat Mahar, who was killed by her husband on the pretext of honour killing (see
UA-28-2004). The jirga, headed by tribal leaders as well as a state official, forced the victims father to accept compensation for the murder of his daughter. Although the police were aware of the jirga being held, they did nothing to prevent this illegal act; in fact, they subsequently even arrested the victims father, Karim Dino Mahar on the behest of the jirga members for initially refusing to accept their decision and compensation.
Please write a letter to the Pakistan authorities to take immediate action to end the convening of jirgas and to demand law enforcement agencies to discharge their duties responsibly and effectively.
Urgent Appeals Desk
Asian Human Rights Commission (AHRC)
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UPDATED INFORMATION:
Following the killing of Hidayat Mahar by her husband in February 2004 on the pretext of honour killing for allegedly having illicit relations, a jirga was convened in May 2004 by leaders of the Mahar tribe to reconcile the two families. The jirga was headed by Mr. Ghous Bux Mahar and Mr. Shafi Muhammad Mahar. Mr. Ghous Bux Mahar is one of the chief patrons of the Mahar tribe as well as the current Federal Railway Minister of Pakistan and a national assembly member, while Mr. Shafi Muhammad is a landlord of the Mahar tribe. The jirga was organized at Shafi Muhammads house in the village of Abdu.
The jirga found Hidayat Mahar innocent of any allegations and urged the perpetratorher husbandto pay Rs. 150 000 as compensation to Hidayats father, Mr. Karim Dino Mahar, who was the complainant of the case.
Karim Dino Mahar refused to accept the jirga decision as final, which led to his arrest by officers of the Lakhi Ghulam Police Station of the village Mr. Ghous Bux Mahar belongs to. However, there is no record of any such illegal arrest. After Karim was released he accepted the compensation as set by the jirga.
While the police in this instance were aware of the jirga being held, they took no action against it. The April 2004 decision of the Sindh High Court clearly ruled all jirgas as illegal and exhorted law enforcement agencies to take effective action against jirgas. By turning a blind eye to the convening of the jirga in Shafi Muhammads house and in further arresting Karim Dino Mahar on the behest of Muhammad and his fellow jirga members, the police are guilty of violating the law and of not discharging their duties as required under their own mandate. All state officials who take part in such jirgas are equally guilty of violating the law and should be immediately suspended from service pending an investigation.
Pakistans jirga system continues to lead the country in feudal practices that are contrary to legal and human rights principles. The practice of honour killings is an atrocious form of violence against women that is committed almost daily within the country. While the jirgas allow and support this practice, it has been almost impossible to take effective legal action against the perpetrators. The Government of Pakistan must take strong steps to implement the decision of the Sindh High Court. Without these measures progress cannot be made in improving Pakistans justice mechanisms and human rights situation.
SUGGESTED ACTION:
Please send a letter, fax or email to the following authorities demanding them to take effective steps to abolish all jirga practices and to urge the police in Pakistan to enforce the law as is required of them.
1. Hon. General Pervez Musharraf
President of Pakistan
Pervez Musharraf, Pakistan Secretariat, Islamabad
PAKISTAN
Fax: +92 51 922 4768/ 920 1893 or 1835
Email:
CE@pak.gov.pk
2.Hon. Mr. Ishrat-ul-Ibad Khan
Governor Government of Sindh
Governor House Karachi
Tel: +92 21 9201201-3
E-mail: governor@governorsindh.gov.pk
3. Mr. Sayed Kamal Shah
Provincial Police Officer, Sindh Police
Central Police Office Karachi
Tel: +92 21 9212626-7
Fax: +92 21 9212051
4. Mr. Rahoo Khan Brohi
Regional Police Officer
Sukkur Region
Airport Road Sukkur
Tel: +92 71 30547, 30248
Fax: +92 71 31824
5. Syed Sultan Shah
Joint Secretary for Law, Justice and Human Rights
Tel: + 92 51 920 3464
Fax: + 92 51 9203119
6. Ms. Yakin Erturk
Special Rapporteur on Violence against Women
OHCHR-UNOG
Palais Wilson, 8-14 Avenue de la Paix
1211 Geneva 10
SWITZERLAND
Fax: +41 22 917 9022
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SAMPLE LETTER
Dear
RE: Complainant of honour killing case forced to accept jirga decision
I am writing to you in concern about the jirga that was organized in the case of Hidayat Mahar, who was killed by her husband on the pretext of honour killing. The jirga, headed by tribal leaders as well as state official Mr. Ghous Bux Mahar, forced the victims father to accept compensation for the murder of his daughter.
Although the police were aware of the jirga being held, they did nothing to prevent this illegal act; in fact, they subsequently even arrested the victims father on the behest of the jirga members for initially refusing to accept their decision and compensation. The April 2004 decision of the Sindh High Court clearly ruled all jirgas as illegal and exhorted law enforcement agencies to take effective action against jirgas. By turning a blind eye to the convening of the jirga in Shafi Muhammads house and in further arresting Karim Dino Mahar (the victims father) on the behest of the jirga members, the police are guilty of violating the law and of not discharging their duties as required under their own mandate. All state officials who take part in such jirgas are equally guilty of violating the law and should be immediately suspended from service pending an investigation. I urge you to take immediate steps to this effect.
I further urge you to take immediate action to end the convening of jirgas and to demand law enforcement agencies to discharge their duties responsibly and effectively, with the subsequent prosecution and punishment of all those officers who do not comply.
Yours sincerely,
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Thank you.
Urgent Appeals Programme
Asian Human Rights Commission (AHRC)
