The Asian Human Rights Commission (AHRC) has received information regarding the torture in police custody of a young man, Faisal Muhammad Raja, who is a mason by profession. As Faisal is employed in Dubai, the Phularwan Police, Sargodha District, Punjab Province, have attempted to extort money from him by torturing him. The police demanded Pakistan Rupees 500,000 for his release. After 25 days of illegal detention, the policemen implicated Faisal falsely in a case of robbery; Faisal’s name was not mentioned in the original First information Report (FIR). In fact, at the time of the robbery, Faisal was working in Dubai. Due to torture suffered, Faisal’s left hand is broken and he cannot walk properly.
CASE NARRATIVE:
According to information received by the Asian Human Rights Commission from Star Welfare Organisation, Sargodha, on 18 May 2015, Faisal Muhammad Raja, 25, a mason by profession, was traveling along with his wife from Phularwan, Sargodha District, Punjab Province, to Lahore, which is located around 300 kilometers away. At about 4 p.m., police officials from Phularwan Police Station intercepted the bus and took Faisal captive, taking him to unknown place. His wife, Sidra, along with her mother and in-laws, immediately approached the Phulerwan Police Station and it’s Station House Officer (SHO), who did not acknowledge Faisal’s arrest. Between May 18 and June 4 Faisal’s whereabouts were unknown. But, a policeman from Phulerwan Station remained in contact with the family, asking them to pay Pakistan Rupees 500,000 ($ USD 5,000) for his release.
Faisal’s family members approached the Chief Minister’s Office and that of other high officials of provincial administration to lodge a complaint about his illegal detention and the extortion demand from the police. The efforts resulted in a meeting between Faisal and his family on June 3.
However, before they could meet Faisal, the police continued demanding money from the family members; the police asked Faisal’s wife to pay at least Rupees 50,000 ($ USD 500) for his release. The threat was that otherwise Faisal would be booked in nine cases of robbery. The family was unable to arrange the amount. As a result, Faisal has been implicated by the corrupt policemen in one case involving robbery, the incident related to which took place in April 2015, i.e. while Faisal was in Dubai.
According to sources, the police only filed the FIR related to this case on May 13, so that the actual robbers could get away. Even though, Faisal was not named as an accused in the FIR, he has been arrested and kept in illegal custody, whereas the actual culprits have still not been arrested. Faisal’s only crime is that he had been sending foreign remittance of his earnings in Dirham, the UAE currency. The local police heard about this, and saw in Faisal an opportunity to milk a Dubai based masonic cash cow.
The meeting between Faisal and his family was made possible when a local NGO, Star Welfare Organization, approached the District Police Officer (DPO), the highest officer of the district, and provided evidence of the presence of victim in Phulerwan Police Station. The NGO also told the DPO that Sub-Inspector Riaz and his subordinates had kept Faisal in illegal confinement and have used torture to exert pressure on the family to pay for Faisal’s release. The NGO has clearly communicated its apprehensions that the victim will die if he is not released immediately and Sargodha District Police will be made responsible for his killing in custody.
On June 4, Faisal was formally arrested in an open FIR, which was filed on May 13. Even after this formal arrest, Faisal was not produced in court before June 13, i.e. nine days later. The delay was a deliberate attempt to conceal the torture marks on Faisal’s body. Police generally keep many FIR till the completion of investigation, for that reason police arrest many and make deal with the arrested persons.
When the victim’s wife saw her husband in the police lockup she fainted on the spot. Faisal’s left arm of was broken and blood was oozing from different parts of his body particularly from his back side. Faisal was totally disoriented and was first unable to even recognize his wife.
During the meeting, Faisal told his family members that he was kept in private torture cells and in police stations in three different places. He spoke, in the presence of the police, that when he was taken into custody, he was blindfolded for seven days and forced to endure continuous torture at a private workshop in Phulerwan. Then he was held in Balwal Subdistrict, and tortured in a factory area, a place where the factories are made in shades. From here he was shifted to the Police Station of the Crime Investigation Department (CIA) of Police. In all these places, he was tortured. According to Faisal, the police officers kept trying to coerce him into paying half a million Rupee for his release. He was hung upside down for hours upon hours to either confess to robberies or to pay the bribe.
When Faisal was produced before the judicial magistrate of Sargodha District on June 13, the magistrate refused to hear his complaint about torture and instead remanded him again to police custody for two more days for further investigation. On June 15, Faisal was sent to judicial custody.
As a result of his arrest Faisal has lost his source of livelihood. He has been laid off from his job as a mason in Dubai.
ADDITIONAL INFORMATION:
Custodial torture in Pakistan is treated as an inevitable part of crime investigation. Investigators adhere to the notion that if enough pressure is applied, the accused will confess. Faisal’s case is an example of what ails Pakistan’s criminal justice system. Torture is used as a systematic tool to derive confession and extort money. The police officers have become extortionists who exert pressure upon families to pay exorbitant amounts to ensure the safety and release from custody of their loved ones.
Recently, a “plague of heart attacks” seems to be doing a round amongst healthy men who have been taken into custody. Purportedly, within days, these men die of a heart attack. AHRC recently reported the death in custody of Tariq Mehboob (Read Appeal here). Mr. Mehboob was remanded to police custody even though he had complained of torture to the magistrate.
Torture being used for extortion is common to all police stations in Pakistan. People are afraid to report crime lest the police implicate the complainant itself. The supposed protectors and guardian of justice are committing the gravest injustices in Pakistan today. Judges and magistrate overlook complaints of torture and decide upon requests of remand from their chambers. Rarely do they inquire from the accused whether they have been mistreated and rarely do they order a medical examination following a complaint of torture.
Related documentation can be accessed here.
SUGGESTED ACTION:
Please write letters to the following authorities calling on them to immediately;
- Release Faisal Muhammad Raja and provide him immediate medical care.
- Compensate Faisal for the damage and loss caused to his reputation and livelihood;
- Promptly investigate, prosecute, and punish all the police officers responsible for detaining Faisal illegally, torturing him, and trying to extort him and his family.
The AHRC is writing a separate letter to the UN Special Rapporteur on torture calling for his intervention into this matter.
To support this case, please click here: SEND APPEAL LETTER
SAMPLE LETTER
Dear ………………..,
PAKISTAN: Police torture to extort money from a Dubai returned mason
Name of victim: Mr. Faisal Muhammad Raja, son of Riaz Muhammad, resident of Sargodha, Punjab Province, Pakistan
Names of alleged perpetrators:
Sub Inspector Riaz, and four other constables of Phulerwan Police Station, Sargodha District, Punjab Province.
Date of incident: May 2015
Place of incident: Phulerwan Police Station, Sargodha District, Punjab Province.
I am writing to voice my deep concern regarding the torture in custody of Mr. Faisal Muhammad Raja, who has been picked up by the police so they could extort money from him. He has been implicated in a frivolous case, as his family has been unable to pay a bribe for Raja’s freedom.
I am appalled by the fact that Mr Faisal Muhammd Raja 25, mason by profession, was traveling along with his wife from Phularwan, district Jhang Punjab Province to Lahore, 300 kilometers away, on 18th May at about 4 pm, police officials from Phularwan Police Station intercepted the bus and took Faisal captive, taking him to unknown place. His wife, Sidra, along with her mother and in-laws, immediately approached the Phulerwan Police Station and its Station House Officer (SHO), who did not acknowledge Faisal’s arrest. Between May 18 and June 4 Faisal’s whereabouts were unknown. But, a policeman from Phulerwan Station remained in contact with the family, asking them to pay Pakistan Rupees 500,000 ($ USD 5,000) for his release.
I am surprised to know that victim was kept in illegal detention for 25 days untill Faisal’s family members approached the Chief Minister’s Office and that of other high officials of provincial administration including district police officer (DPO) of Sargodha district to lodge a complaint about his illegal detention and the extortion demand from the police. The efforts resulted in a meeting between Faisal and his family on June 3.
However, before they could meet Faisal, the police continued demanding money from the family members; the police asked Faisal’s wife to pay at least Rupees 50,000 ($ USD 500) for his release. The threat was that otherwise Faisal would be booked in nine cases of robbery. The family was unable to arrange the amount. As a result, Faisal has been implicated by the corrupt policemen in one case involving robbery, the incident related to which took place in April 2015, i.e. while Faisal was in Dubai.
According to sources, the police only filed the FIR related to this case on May 13, so that the actual robbers could get away. Even though, Faisal was not named as an accused in the FIR, he has been arrested and kept in illegal custody, whereas the actual culprits have still not been arrested. Faisal’s only crime is that he had been sending foreign remittance of his earnings in Dirham, the UAE currency. The local police heard about this, and saw in Faisal an opportunity to milk a Dubai based masonic cash cow.
The meeting between Faisal and his family was made possible when a local NGO, Star Welfare Organization, approached the District Police Officer (DPO), the highest officer of the district, and provided evidence of the presence of victim in Phulerwan Police Station. The NGO also told the DPO that Sub-Inspector Riaz and his subordinates had kept Faisal in illegal confinement and have used torture to exert pressure on the family to pay for Faisal’s release. The NGO has clearly communicated its apprehensions that the victim will die if he is not released immediately and Sargodha District Police will be made responsible for his killing in custody.
On June 4, Faisal was formally arrested in an open FIR, which was filed on May 13. Even after this formal arrest, Faisal was not produced in court before June 13, i.e. nine days later. The delay was a deliberate attempt to conceal the torture marks on Faisal’s body. Police generally keep many FIR till the completion of investigation, for that reason police arrest many and make deal with the arrested persons.
It is shocking for me that when the victim’s wife saw her husband in the police lockup she fainted on the spot. Faisal’s left arm of was broken and blood was oozing from different parts of his body particularly from his back side. Faisal was totally disoriented and was first unable to even recognize his wife.
During the meeting, Faisal told his family members that he was kept in private torture cells and in police stations in three different places. He spoke, in the presence of the police, that when he was taken into custody, he was blindfolded for seven days and forced to endure continuous torture at a private workshop in Phulerwan. Then he was held in Balwal Subdistrict, and tortured in a factory area, a place where the factories are made in shades. From here he was shifted to the Police Station of the Crime Investigation Department (CIA) of Police. In all these places, he was tortured. According to Faisal, the police officers kept trying to coerce him into paying half a million Rupee for his release. He was hung upside down for hours upon hours to either confess to robberies or to pay the bribe.
When Faisal was produced before the judicial magistrate of Sargodha District on June 13, the magistrate refused to hear his complaint about torture and instead remanded him again to police custody for two more days for further investigation. On June 15, Faisal was sent to judicial custody.
As a result of his arrest Faisal has lost his source of livelihood. He has been laid off from his job as a mason in Dubai.
Custodial torture in Pakistan is treated as an inevitable part of crime investigation. Investigators adhere to the notion that if enough pressure is applied, the accused will confess. Faisal’s case is an example of what ails Pakistan’s criminal justice system. Torture is used as a systematic tool to derive confession and extort money. The police officers have become extortionists who exert pressure upon families to pay exorbitant amounts to ensure the safety and release from custody of their loved ones.
Torture being used for extortion is common to all police stations in Pakistan. People are afraid to report crime lest the police implicate the complainant itself. The supposed protectors and guardian of justice are committing the gravest injustices in Pakistan today. Judges and magistrate overlook complaints of torture and decide upon requests of remand from their chambers. Rarely do they inquire from the accused whether they have been mistreated and rarely do they order a medical examination following a complaint of torture.
- In view of the above, I therefore, urge you to release Mr Faisal Muhammd Raja and provide him immediate medical care,
- Since he has been arrested Faisal has lost his mean of livelihood he has been laid off from work in Dubai.The government should compensate him for the damage and loss caused to his reputation and livelihood,
- Promptly investigate, prosecute, and punish all the police officials responsible for detaining Faisal illegally, torturing him, and trying to extort him and his family.
I hope that you will take immediate action of the issue.
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: secretary@cabinet.gov.pk or pspm@pmsectt.gov.pk
- Chaudhry Nisar Ali Khan
Federal Minister for Interior
R Block, Pak Secretariat
Islamabad (Pakistan)
Tele : 0092-51-9212026
Fax: 0092-51-9202624
Email Address: interior.complaintcell@gmail.com
ministry.interior@gmail.com
- Federal Minister of Law and Human Rights
Ministry of Law, Justice and Human Rights
Old US Aid building
Ata Turk Avenue
G-5, Islamabad
PAKISTAN
Fax: +92 51 9204108
Email: contact@molaw.gov.pk
- Mr. Rafiq Rajwana
Governor of Punjab
Governor House
Mall Road
Lahore, Punjab
PAKISTAN
Fax: +92 42 99203044
Email: governor.sectt@punjab.gov.pk
- 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
- 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
- Mr. Justice Tahir Shahbaz
Registrar of the Supreme Court of Pakistan
Constitution Avenue, Islamabad
PAKISTAN
Fax: +92 51 9213452
Email: mail@supremecourt.gov.pk
- Mr. Rana Sana Ullah Khan
Minister of Law
Government of Punjab
Punjab Secretariat
Ravi Road
Lahore, Punjab
PAKISTAN
Fax: +92 42 99212004
E-mail: law@punjab.gov.pk
Thank you.
Urgent Appeals Programme
Asian Human Rights Commission (ua@ahrc.asia)
