PAKISTAN: Prominent lawyer tortured, poisoned in detention; two others held incommunicado

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Dear friends,

The Asian Human Rights Commission (AHRC) has been informed that the physical condition and health of a prominent lawyer, Mr. Munir A. Malik, former president of the Supreme Court of Pakistan Bar Association, whom we reported to have traces of blood in his urine due to severe torture while in custody, continues to deteriorate. Mr. Malik told his physicians after regaining consciousness that his health worsened after he was forced to drink the juices and food rations given to him whom he believed could have contained poison. No action has been taken against those involved in arresting, detaining and torturing him. Though the government claimed they had already released him, the security forces deployed at the hospital admitted that this is not the case.

CASE DETAILS:

In our previous appeal UP-150-2007, the AHRC has mentioned that Mr. Munir A. Malik was taken to a government hospital after he fainted. Traces of blood were found in his urine after the severe beatings he suffered while in detention at the Adiala Jail, Rawalpindi and subsequently in Attock Jail, a remote jail in a mountainous area in the north western frontier province.

Mr. Malik had been kept incommunicado detention for a week while being held at the Attock Jail. His cell measures just four feet wide and five feet high which makes it extremely difficult if not impossible for him to move comfortably. He was taken out shortly only once in a day to breathe some fresh air. At day time, his detention cell was completely dark but at night a powerful bulb was put on, therefore making it extremely difficult for him to sleep. He was not allowed any visitors to ascertain his condition inside the jail following his arrest, particularly his family.

In one instance, the superintendent of the Attock jail, told Mr. Malik soon after he was taken in detention that he was the first victim of Chief Justice Choudhry. This superintendent told him that he would take revenge against all those persons who had worked to restore the ousted Chief Justice.

Only after Mr. Malik’s urine started to emit traces of blood was he taken to a government hospital for treatment. But despite having not recovered fully, after few days of being at the hospital he was again taken back to the Attock Jail.

On November 22, Mr. Malik was taken to the Islamabad, PIMS hospital (Pakistan Institute of Science Management) but his condition has since worsened. This time, he was admitted to the hospital’s Intensive Care Institute (ICU) after the physicians examining him discovered the severity of his condition. However, despite these findings by his physicians, the policemen who took him to the hospital at first refused to admit him for immediate treatment.

But after the alarming news of his condition spread out, the authorities withdrew the policemen deployed outside the ICU where Mr. Malik was finally admitted. When Mr. Malik regained consciousness he told his physicians that while he was in jail the jail authorities gave him liquid to drink, or juice, as he was told, forcing him to take them. It happened after he was taken back to jail from the hospital. Mr. Malik told the doctors that the drink and food ration that the jail officers have given him might have contain poison. While in detention, the jail guard also deprived him of any regular medication. Since then his condition continues to deteriorate.

The medical examination performed on Mr. Malik disclosed that both his kidneys and liver are no longer functioning properly and that his urine continues to emit traces of blood. He has now received dialysis twice in order for him to gain immediate relief from his condition. On November 25, the physicians examining Mr. Malik informed him that the next two days would be critical.

The government has already claimed it already released Mr. Malik from detention following pressure by the legal community. However, security forces attached to the government’s anti-terrorist squad have not been pulled out from the hospital where he is admitted. In Pakistan, this squad is reported to have more power than the police.

Mr. Malik is reported to be one of the lawyers known to have suffered brutal and inhumane treatment following their arrest on November 3 after the emergency rule was imposed.

Another prominent lawyer, Mr. Ali Hamed Kurd and a retired justice, Mr. Tariq Mehmood, who were at the forefront of lawyer’s movement, have also not been released. Mr. Kurd is the former President of the Pakistan Bar Council while Mr. Mehmood was also a former president of Supreme Court Bar Association. They are reported to have been kept incommunicado detention in different jails but their present condition could not be ascertained. Mr. Ali Ahmed Kurd was reported to have been tortured by the security forces who took him into custody, the Inter Service Intelligence Agency, known as the I.S.I.

Furthermore, as mentioned in our previous appeal UP-153-2007, several days after Mr. Syed Hassan Tariq, a prominent human rights lawyer was arrested on November 8 and also tortured by the security forces. He was also taken to a hospital due to serious injuries. Mr. Tariq has suffered internal bleeding to his lungs and two ribs were fractured. He also had marks of beatings on his back. His physician said that his condition was severe.

BACKGROUND INFORMATION:

Mr. Munir A. Malik is the key person who started the movement for the restoration of Mr. Ifekhar Choudhry, Chief Justice of Pakistan, who was suspended on March 9 by General Pervez Musharraf. The government of President Musharraf has since been dismissive of him. In October 2006, when Mr. Malik was elected as president of the Supreme Court of Bar Association (SCBA), the government refused to acknowledge his leadership.

Mr. Malik’s election to the bar association was also challenged by Mr. Malik Qayyum, the present Attorney General. In refusing to acknowledge his leadership, the government appointed Mr. Qayyum as the SCBA’s parallel president which led to the division in the bar association. However, Mr. Malik challenged Mr. Qayyum’s legitimacy. He was later acknowledged by the bench of Supreme Court, headed by Chief Justice Chowdhry, as the duly elected president of the SCBA.

In the past few days, the government has announced that it has released thousand of detainees, including lawyers, judges, journalist, political activist, human rights workers and others. However, it is reported that over 1,000 lawyers have remained in jail. The names, place of detention and reasons as to why they are continuously detained have not been made public by the government.

In the press release the issued by the AHRC AHRC-PL-051-2007, serious concerns were raised with regard to the great risk that persons remaining in jail face of being tortured, maltreated, killed or disappeared, unless they are fully accounted for and their families are allowed access to visit them to ascertain their condition. The government has continuously failed to provide basic information regarding the condition of these detainees, particularly their names and their places of detention. It is extremely difficult to ascertain the exact number of person in jail and those who could have disappeared because of this condition.

SUGGESTED ACTION:
Please write letters to the concerned authorities below requesting their immediate intervention to ensure that remedies are afforded to Mr. Munir Malik. Action must be taken against those responsible in arresting, detaining and torturing him in custody. Please also urge that immediate action must be taken to ensure that those who remained in detention are properly treated and that they are released without further delay. The AHRC is also writing a separate letter to United Nations Special Rapporteurs on Torture and Independence of Judges and Lawyers for their intervention in this case.

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