Dear friends,
The Asian Human Rights Commission (AHRC) has received information that a young man was tortured and killed in military custody within 24 hour of his arrest. The only apparent reason for his arrest was the fact that he passed by a military zone along the Indian border in Pakistani held Kashmir. His body bore the marks of having been subjected to an electric drill, his feet had been nailed and there were many other signs of torture. The military refused to hand over the body to his family until they agree not to announce that he was tortured in military custody but died due to Indian firing at the border with Pakistan. If the family agrees to follow these conditions then the victim may be buried with official protocol and given the rank of army captain. At the time of arrest the victim held a Pakistani identity card and not that of Azad Kashmir.
CASE NARRATIVE:
On February 17, Mr. Muhammad Ali Murtaza (27), was making his way to his cousin sister’s home in Janjot Bahadur (Seri – Tehsil Khuiratta District Kotli, Pakistani Kashmir near the Line of Control (LOC). He had visited before but for some months the Pakistani army has strategically kept civilian villages ahead of their forward positions all along the LOC. Before he could reach her home, he was picked up by an army unit from Chattar area in full view of many people. He was immediately handed over to their intelligence agency, the ISI. During his body search it was found that he held a Pakistani identity card and not one from Pakistani Kashmir, the Azad Jammu and Kashmir (AJK). He told the captors that he was working in Lahore with his elder brother who is running a business there.
Suspecting him of being an Indian agent he was quickly shifted to Jehlum city, the Pakistani side of Punjab, which has one of the largest garrisons in the country. There he was severely tortured which resulted in his death. The thing which disturbed the military authorities was that he belonged to the Kotli, border area of AJK and he had an Identity Card from Pakistan. This is the first known instant of such a thing happening.
When his family was not able to reach Murtaza by phone they started a desperate search for his whereabouts. They also made an enquiry made to the nearest army picket who gave said they had no knowledge of him. It was not until Tuesday morning (the 19th) that the Deputy Commissioner of Kotli Masood-ur Rehman informed Ali’s family of his terrible fate.
The family members of the victim say that it appears Murtaza was either tortured in or near Chattar or taken to Jhelum (in Pakistan) and tortured there. The victim’s family includes his cousin brother Amjad Choudary (Chief Editor of Urdu Daily ‘Sada e Chinar’) who’s first task was to retrieve and take custody of the battered corpse (Graphic picture of the body is available here). The Pakistan army was initially reluctant to hand over the body but after lengthy negotiations between representatives of the family the heavily sealed coffin was handed over at around 5 pm on February 19. However, this was only after army Brigadier Faisal, took assurances from four people (namely, Amjad Choudary, Deputy Commissioner (DC), Superintendent of police (SP) Kotli and Station House Officer (SHO) of the local police station that: the coffin should not be opened and must be buried intact, there should be no leak to the media, no public agitation and the burial should take place late at night.
They were also pressured to present Murtaza’s death publicly as resulting from Indian army fire (there were no gunshot wounds on his body). The army went to the length of offering that Murtaza would be buried with protocol, accorded the rank of Captain and feted as a martyr. If the family had not agreed to these conditions it is considered highly unlikely that Murtaza’s corpse would have been handed over. All the conditions mentioned above except for public agitation were broken forthwith in public interest.
Earlier, DC Kotli had insisted on not taking custody of the body from the army without engaging the bereaved family. This provided the family evidence which reportedly revealed that thousands of AJK civilians have been allegedly murdered by the army of Pakistan in the past 65 years. These deaths were always denied by the army. Social media initially and Urdu dailies subsequently showed evidence of the torture he suffered and this would not have been possible if Murtaza’s body had not been retrieved. He was eventually buried under the watchful eyes of the military, its agencies and the local administration – after 11pm on that night – but not before a post mortem which candidly reveals the extreme torture he suffered and which was the cause of his death.
There were protests over his death in military custody 24 hours of his death. The protesters were demanding an end to the “illegal presence” of the Pakistan army and the Pakistan government itself who rule the state through the notorious intelligence agency, the ISI.
The media and people demanded immediate action that in future the army or its agencies when picking up a suspect should initially consult with the local administration before taking any further steps. The public also recognises that though the Indian army takes shelter under the Armed Forces Special Powers Act (AFSPA), in similar manner Pakistan’s military is totally unanswerable to any legal authority. Their control over AJK’s judiciary can be gauged by the fact that judges are vetted by Pakistan’s military before they are selected. In this respect, the army assured the people that they will provide a satisfactory solution to this case within 8 days, by holding a joint commission (Including Pakistan’s army and members of AJK’s administration). However, no action has been taken by the authorities yet and no solace has been given to the victim’s family.
SUGGESTED ACTION:
Please write the letters to the given authorities calling for a judicial inquiry in to the case of illegal arrest of a young man by the military that was seriously tortured which resulted his in his death. Please urge them to prosecute the military officials who were involved in the case of torture and killing extra judicially. The AJK government and military must pay the compensation to the family of victim.
The AHRC writes a separate letter to the UN Special Rapporteur on Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment calling for his intervention into this matter.
To support this case, please click here: SEND APPEAL LETTER
SAMPLE LETTER
Dear ___________,
PAKISTAN: A young man was tortured to death in military custody in Azad Kashmir
Name of victim: Mr. Muhammad Ali Murtaza 27, was making his way to his cousin sister’s home in Janjot Bahadur (Seri – Tehsil Khuiratta District Kotli, Pakistani Kashmir)
Alleged perpetrators:
1. Pakistan military stationed at Azad Kashmir, Pakistan
2. Brigadier Faisal, stationed at AJK, Pakistan
Date of incident: 19 February 2013
Place of incident: Janjot Bahadur, Seri – Tehsil Khuiratta, District Kotli, Azad Kashmir-Pakistan
I am writing to voice my deep concern regarding a young man who was tortured and killed in military custody within 24 hour of his arrest. The only apparent reason for his arrest was the fact that he passed by a military zone along the Indian border in Pakistani held Kashmir. His body bore the marks of having been subjected to an electric drill, his feet had been nailed and there were many other signs of torture.
I am shocked to learn that the military refused to hand over the body to his family until they agree not to announce that he was tortured in military custody but died due to Indian firing at the border with Pakistan. If the family agrees to follow these conditions then the victim may be buried with official protocol and given the rank of army captain. At the time of arrest the victim held a Pakistani identity card and not that of Azad Kashmir.
I have learned that on February 17, Mr. Muhammad Ali Murtaza (27), was making his way to his cousin sister’s home in Janjot Bahadur (Seri – Tehsil Khuiratta District Kotli, Pakistani Kashmir near the Line of Control (LOC). He had visited before but for some months the Pakistani army has strategically kept civilian villages ahead of their forward positions all along the LOC. Before he could reach her home, he was picked up by an army unit from Chattar area in full view of many people. He was immediately handed over to their intelligence agency, the ISI. During his body search it was found that he held a Pakistani identity card and not one from Pakistani Kashmir, the Azad Jammu and Kashmir (AJK). He told the captors that he was working in Lahore with his elder brother who is running a business there.
I am informed that the army suspected him of being an Indian agent and quickly shifted to Jehlum city, the Pakistani side of Punjab, which has one of the largest garrisons in the country. There he was severely tortured which resulted in his death. The thing which disturbed the military authorities was that he belonged to the Kotli, border area of AJK and he had an Identity Card from Pakistan. This is the first known instant of such a thing happening.
When his family was not able to reach Murtaza by phone they started a desperate search for his whereabouts. They also made an enquiry made to the nearest army picket who gave said they had no knowledge of him. It was not until Tuesday morning (the 19th) that the Deputy Commissioner of Kotli Masood-ur Rehman informed Ali’s family of his terrible fate.
The family members of the victim say that it appears Murtaza was either tortured in or near Chattar or taken to Jhelum (in Pakistan) and tortured there. The victim’s family includes his cousin brother Amjad Choudary (Chief Editor of Urdu Daily ‘Sada e Chinar’) who’s first task was to retrieve and take custody of the battered corpse. The Pakistan army was initially reluctant to hand over the body but after lengthy negotiations between representatives of the family the heavily sealed coffin was handed over at around 5 pm on February 19. However, this was only after army Brigadier Faisal, took assurances from four people (namely, Amjad Choudary, Deputy Commissioner (DC), Superintendent of police (SP) Kotli and Station House Officer (SHO) of the local police station that: the coffin should not be opened and must be buried intact, there should be no leak to the media, no public agitation and the burial should take place late at night.
It is unacceptable that the family were pressured to present Murtaza’s death publicly as resulting from Indian army fire (there were no gunshot wounds on his body). The army went to the length of offering that Murtaza would be buried with protocol, accorded the rank of Captain and feted as a martyr. If the family had not agreed to these conditions it is considered highly unlikely that Murtaza’s corpse would have been handed over. All the conditions mentioned above except for public agitation were broken forthwith in public interest.
Earlier, DC Kotli had insisted on not taking custody of the body from the army without engaging the bereaved family. This provided the family evidence which reportedly revealed that thousands of AJK civilians have been allegedly murdered by the army of Pakistan in the past 65 years. These deaths were always denied by the army. Social media initially and Urdu dailies subsequently showed evidence of the torture he suffered and this would not have been possible if Murtaza’s body had not been retrieved. He was eventually buried under the watchful eyes of the military, its agencies and the local administration – after 11pm on that night – but not before a post mortem which candidly reveals the extreme torture he suffered and which was the cause of his death.
There were protests over his death in military custody 24 hours of his death. The protesters were demanding an end to the “illegal presence” of the Pakistan army and the Pakistan government itself who rule the state through the notorious intelligence agency, the ISI.
I have learned that the media and people demanded immediate action that in future the army or its agencies when picking up a suspect should initially consult with the local administration before taking any further steps. The public also recognises that though the Indian army takes shelter under the Armed Forces Special Powers Act (AFSPA), in similar manner Pakistan’s military is totally unanswerable to any legal authority. Their control over AJK’s judiciary can be gauged by the fact that judges are vetted by Pakistan’s military before they are selected. In this respect, the army assured the people that they will provide a satisfactory solution to this case within 8 days, by holding a joint commission (Including Pakistan’s army and members of AJK’s administration). However, no action has been taken by the authorities yet and no solace has been given to the victim’s family.
I urge you to ensure justice to the victim and his family by initiating an immediate judicial inquiry into the horrific death of Mr. Muhammad Ali Murtaza, a young man of only 27 whose only crime was being in the wrong place at the wrong time. The military officials stationed at Kotli must be brought to justice and prosecuted in an open court of law. The Pakistan army must pay suitable compensation to the victim’s family to compensate for the loss they have suffered, although it can be said that no amount of money will make up for the heinousness of the death the victim suffered.
Yours sincerely,
—————-
PLEASE SEND YOUR LETTERS TO:
1. Mr. Choudhry Abdul Majeed
Prime Minister Secretariat, Muzaffarbad
Azad Kashmir
Tel: +92 5822 921600
Fax: +92 5822 921607
Address in Pakistan:
Kashmir House, F-5, Islamabad
PAKISTAN
Tel: +92 51 9209093-5
Fax: +92 51 9206288
Email: pm@pmajk.gov.pk
2. Mr. Raja Pervez Ashraf
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
3.. Syed Qaim Ali Shah
Chief Minister
Karachi, Sindh Province
PAKISTAN
Fax: +92 21 920 2000
E-mail: pppsindh@yahoo.com
4. Federal Minister for Human Rights
Ministry of Human Rights
Old US Aid building
Ata Turk Avenue
G-5, Islamabad
PAKISTAN
Fax: +92 51 9204108
Email: sarfaraz_yousuf@yahoo.com
5. Dr. Faqir Hussain
Registrar
Supreme Court of Pakistan
Constitution Avenue, Islamabad
PAKISTAN
Fax: + 92 51 9213452
E-mail: mail@supremecourt.gov.pk
Thank you.
Urgent Appeals Programme
Asian Human Rights Commission (ua@ahrc.asia)
