UPDATE (Pakistan): New ordinances deprive press freedom; journalists systematically attacked

ASIAN HUMAN RIGHTS COMMISSION - URGENT APPEALS PROGRAMME

Urgent Appeal Case: UP-149-2007
ISSUES:

Dear friends,

Further to our previous appeals, the Asian Human Rights Commission (AHRC) has been informed that the freedom of the press has been denied through the two ordinances which the government has imposed regulating the media under the state of emergency. Journalists are systematically arrested, attacked and threatened with death by unknown callers, newspaper publications have been warned that their outlets would be shut down if they refused to comply with the new ordinances imposed. The equipment for printing and broadcasting by several media organization have also been seized by the government preventing from doing their jobs.

DETAILED INFORMATION:

Reports from the Pakistan Federal Union of Journalists (PFUJ) and other organizations of media houses, has reported that General Pervez Musharraf imposed the two ordinances effectively modifying the 2002 Press, Newspapers, News Agencies and Books Registration Ordinance which covers the print media; and the 2002 Pakistan Electronic Media Regulatory Authority Ordinance which covers the broadcast media.

These ordinances prohibit the media from:

1) Broadcasting video footage of suicide bombers or terrorists, or statements by militants and extremists;
2) Expressing opinions prejudicial to the ideology, sovereignty, integrity or security of Pakistan;
3) Inciting violence or hatred or any action prejudicial to maintenance of law and order;
4) Anything that brings the president, armed forces or state institutions into ridicule;
5) Refer to any matter that is sub-judice, and;
6) Broadcast anything that could be false or baseless.

The military government has taken sole discretion on deciding upon the merit of the supposed violations of this ordinance. The Constitution has already been suspended and the judges and lawyers either remain under house arrest or in detention (to see more UG-008-2007). It provides virtually no lawful remedies for any aggrieved media organization or journalists once accused of violating this ordinance.

Once these regulations are violated, the government has the power to take over control of the newspaper publication. It also gave authority to the Pakistan Electronic Media Regulatory Authority (PEMRA) to confiscate the equipment from the broadcast media. Three years imprisonment and an excessive fine of 10 million rupees (USD 165,150) would be imposed on the owners of newspaper publications and broadcast media if they are found violating the ordinance. The radio and television stations were also prohibited from signing broadcast agreements with foreign news media organizations without permission from PEMRA. Cable operators and distributors could also be imprisoned for one year if they violate these ordinances.

Two daily newspapers, Ausaf and Express Lahore, have already been served with notices for publishing news and photographs of demonstration against the emergency rule. The notices claimed that the content of news they published had incited hatred against the government which violates the ordinances. They were told to deposit their surety otherwise their newspaper publications would be shut down.

The government also prevented private television channels and radio stations even from broadcasting through the service of cable operators. The military and Pakistan Rangers, a paramilitary force, have also systematically threatened and intimidated the cable operators to prevent them from continuously broadcasting all over the country. The private broadcast channels have remained off the air and have ceased to operate since the state of emergency took effect in November 3.

The government has also ordered PEMRA to take immediate action against radio and television stations airing independent opinions and those criticizing the imposition of state of emergency. They have already attacked the two radio stations, the Mast FM 103 Karachi and FM90 Islamabad, and seized their broadcasting equipment. The PEMRA officials were accompanied by police and rangers. Other television stations: Geo, ARY, Dawn, V-tv, DIN and AAJ have also been attacked. In one instance, the PEMRA officials and the military have attempted to seize the OB Van of the AAJ television but the people who witnessed the incident resisted and were about to prevent them from doing so.

Those journalist and other persons from several media organizations, who have been earlier arrested and released after they posted their personal surety, were rearrested. Several offices of the channels mentioned above in the cities of Multan, Sukkur and Islamabad have also been targeted for systematic attack. Furthermore, the government is also not returning the equipment they have seized from these media organization nor were they allowed to resume their usual work without restrictions.

Twelve journalists were also arrested in the past two days. Among them were Mr. I. A. Rehman and Mr. Imtiaz Alam. Rehman is a prominent senior journalist there while Alam was the editor of an English newspaper, The News. Alam was also the bureau chief of the ARY Quetta. Five photojournalists and cameramen were also arrested while they were covering the street demonstrations against emergency rule. They were produced in court in handcuffs. The charges against them, however, are not yet known.

Editors and publishers of media organizations have also been also continuously threatened by anonymous callers using unregistered telephone numbers. One of whom, Shakeel–UR- Rehman, chairman of the Jang Group, has been informed by the intelligence agency that the operation of his organization would now be subjected to restrictions. Jang Group is one of the biggest media organizations. After defying their warnings, continuous threats on his life by unknown callers have already made on him. He was told by the caller threatening him that the entire office of Jang publications, including the Geo Television, would be blown up and that they should be ready for suicide bomb attacks.

In responding to pressures from the international community, media organizations and threats of a world wide protest by the International Union of Journalist and Pakistan Federal Union of Journalist, the government started calling each of the owners and management of media houses. However, the conditions that they have laid out in order for the media houses to resume their work, is that all the content of news that would be broadcast to the public must undergo screening by them.

Please refer to previous appeal and statements we have recently issued regarding the emergency rule in Pakistan below;

UG-008-2007: PAKISTAN: State sanctioned attack on justices, lawyers and activists challenging the emergency;
AS-261-2007: PAKISTAN: EMERGENCY – Purpose of courts is to scrutinise other parts of government, not serve as rubber stamps for petty dictators;
AS-259-2007: PAKISTAN: EMERGENCY – “Arrest” without criminal procedure and functioning courts is abduction.

For the latest news on Pakistan, please visit http://pakistan.ahrchk.net.

SUGGESTED ACTION:
Please write letters to the concerned international agencies below expressing your deep concern on the deprivation of press freedom and systematic attack on journalists calling for their urgent intervention.

You can also refer to our previous appeal (UG-008-2007) as a template in writing your letters, or the sample letter provided below.

To support this case, please click here: SEND APPEAL LETTER

SAMPLE LETTER

Dear ____________,

PAKISTAN: New ordinance deprived press freedom; journalists systematically attacked

Name of journalist arrested: 
1. Mr. I. A. Rehman, a prominent senior journalist there 
2. Mr. Imtiaz Alam, editor of an English newspaper, The News. 
Name of journalist facing threats: Shakeel–UR- Rehman, chairman of the Jang Group, and his colleagues in their company
And several other journalist
Name of newspapers threatened with closure: Ausaf and Express Lahore
Name of radio stations who’s attacked and equipments were seized: the Mast FM 103 Karachi and FM90 Islamabad

I am writing to express my deep concern regarding the conditions that the journalists and media organizations inside Pakistan are facing.

As you are aware, after the state of emergency was imposed on November 3, the military government adopted two ordinances which impose vast restrictions on journalists, print and broadcast organizations, which have made it impossible for them to freely practice their professions. Any form of protest, opinions or comments against the state of emergency presently in place has been prohibited by the ordinance.

The suspension of the Constitution has now denied the victims of human rights abuses any means of remedies. There are no longer existing independent courts that would address abuses by authorities there. High court and district court judges have been placed under house arrest, and thousands of lawyer remains in detention. The security forces have systematically and routinely attack journalists and media organizations covering news events there with impunity and sanctioned by the military government. They attack to suppress all forms of protest; and deprived the people of their rights to exercise of free speech.

Several journalists, editors and owner of private media organizations all over the country have already been arrested. Those journalists who are arrested and have posted surety for their temporary release have been rearrested. Those who refused to cooperate with the military government were subjected to continuous threats. Broadcast equipments of radio stations reporting streets demonstrations were confiscated to prevent them from broadcasting news events. Two newspaper publications have also been threatened with closure if they refused to comply with the ordinances.

The people inside and outside of Pakistan require your urgent and effective intervention. Appropriate actions must be taken to ensure that the journalists and other people are not subjected to attacks, particularly in lawful exercise of their freedom of speech and free press. They must be allowed to continue their work without fear of persecution and violence.

I urge you to put pressure on the government to refrain from systematically attacking and targeting the journalists and the people demonstrating against the emergency rule. The government as member states of the United Nations which recognize declaration of human rights must uphold respect to fundamental rights of their people. It must lift the state of emergency and restore the civilian institutions without further delay, particularly the judiciary, in order to effectively address the deepening crisis there.

It is shocking that the entire people who would speak against the state of emergency have virtually become targets by the security forces in Pakistan today. I urge you to take adequate actions promptly to avert unthinkable suffering that would be caused by the security forces on the people on the pretext of emergency rule. Your adequate intervention is necessary to protect and save the lives of the people there.

I trust that you take prompt action on this matter.

Yours sincerely,

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PLEASE SEND YOUR LETTERS TO:

1. Mr. Ban Ki-Moon
Secretary General
Office of the Spokesman for the Secretary General
United Nations
S-378 New York
NY 10017
USA
Tel: +1 212 963 5012
Fax: +1 212 963 7055 or 2155 (ATTN: SECRETARY GENERAL)
E-mail: ecu@un.org

2. Ms. Louise Arbour
High Commissioner
UN High Commission on Human Rights
OHCHR-UNOG
8-14 Avenue de la Paix
1211 Geneva 10
SWITZERLAND
Fax:  +41 22 917-9006 (ATTN: HIGH COMMISSIONER)

3. Mr. Doru Romulus Costea
President
UN Human Rights Council
c/o OHCHR-UNOG
8-14 Avenue de la Paix
1211 Geneva 10
SWITZERLAND
Fax: +41 22 917 9012 (ATTN: PRESIDENT HUMAN RIGHTS COUNCIL)
E-mail: hrc@ohchr.org

4. Ms. Leila Zerrougui
Chairperson
Working Group on arbitrary detention
OHCHR-UNOG
1211 Geneva 10
SWITZERLAND
Fax: +41 22 917 9006 (ATTENTION: WORKING GROUP ARBITRARY DETENTION)

5. Ms. Hina Jilani
Special Representative of the Secretary General for human rights defenders
Room 1-040
C/o OHCHR-UNOG
1211 Geneva 10
SWITZERLAND
Tel: +41 22 917 93 88
Fax: +41 22 917 9006 (ATTN: SPECIAL REPRESENTATIVE HUMAN RIGHTS DEFENDERS)

6. Mr. Ambeyi Ligabo
Special Rapporteur on the right to freedom of opinion and expression
c/o J Deriviero
OHCHR-UNOG
8-14 Avenue de la Paix
1211 Geneva 10
SWITZERLAND
Tel: +41 22 917 9177
Fax: +41 22 917 9006 (ATTN: SPECIAL RAPPORTEUR FREEDOM OF EXPRESSION)

7. Homayoun Alizadeh
Regional Representative
OHCHR Regional Office for Southeast Asia
Room 601, Block A, 6th Floor
UN Building
Rajdamnern Nok Avenue
Bangkok, 10200
THAILAND
Tel: + 662 288 1496/ 1235
Fax: +662 288 3009
E-mail: ohchr.bangkok@un.org

Thank you.

Urgent Appeals Programme
Asian Human Rights Commission (ua@ahrchk.org)

Document Type : Urgent Appeal Update
Document ID : UP-149-2007
Countries : Pakistan,