Dear friends,
The Asian Human Rights Commission (AHRC) has discovered that a judge whose unprofessional behaviour in a rape trial last month caused widespread concern, has been assigned the case of another teenage rape victim.
CASE DETAILS:
Court spectators and prosecutors expressed outrage at the behaviour of Additional District and Sessions Judge Nizar Ali Khawaja on March 25, 2009 in Karachi, Sindh province, when he allowed the case of a teenage gang rape victim, Ms. Kainat Soomro, to become a spectacle in his courtroom. As the AHRC has reported (AHRC-STM-075-2009) the judge put the girl (who was raped two years ago as a 13-year-old) through a grueling, sexually explicit cross examination in front of her alleged attackers. He used aggressive, sarcastic language and prompted for specifics and demonstrations of the sex act. Justice Khawaja also denied the prosecuting counsel’s request to clear the room of at least eighty non-related onlookers who were crowded at the back, according to media. The experience for the girl was intensely traumatic; it affected her testimony and will do little to encourage other rape victims into court.
On April 11 the same judge is scheduled to hear the case of Nasima Lubano, 18, another young victim of gang rape. (See more at UA-039-2007) The Sindh High Court has already transferred the case from Mirpur Mathelo to Karachi because the family reported death threats in their home town.
The role of a judge requires that he or she be balanced, humane and able to protect the dignity of vulnerable plaintiffs in court. In this last case Khawaja addressed the young victim with sarcasm, he expressed a strong gender bias and he humiliated her further in front of her attackers. He should not be given the chance to put another victim of rape through the same ordeal.
Trials in Pakistan rely heavily on cross examinations, which in rape cases are often more comfortably negotiated by the accused–in this case influential men with private lawyers–than the victims, who often come from sheltered backgrounds, have a cultural gender bias working against them, have suffered a brutal ordeal and are represented by overworked public prosecutors. For a judge to be clearly biased against a victim in court damages the credibility of the institution.
SUGGESTED ACTION:
Please join the AHRC in calling for the removal of sessions judge Nizar Ali Khawaja from this case, and write letters to the authorities listed below, urging them to provide a private in-camera trial for Nasima Lubano with an impartial judge. Please also call for the training of judges in Pakistan so that they can professionally and humanely work with victims of sexual and gender-based violence.
Please be informed that the AHRC has written separate letters to the UN Special Rapporteur on violence against women calling for an intervention in this case.
To support this case, please click here: SEND APPEAL LETTER
SAMPLE LETTER
Dear __________,
PAKISTAN: Gender-biased judge should be transferred from rape trials
Name of victims: Ms. Kainat Soomro,15; Ms. Nasima Lubano, 18
Name of the official involved: Additional District and Sessions Judge Nizar Ali Khawaja, Karachi,
Sindh province
Dates of incident: from 25 March 2009 to 11 April 2009
I am writing to voice my deep concern that Justice Nizar Ali Khawaja in Karachi has been assigned to another case involving the gang rape of a minor, despite his recent displays of insensitivity and bias towards young rape victims; I appeal to you for the transfer of the case to another judge in an in-camera hearing.
On March 25, 2009 in Karachi, Sindh province, Khawaja allowed the case of teenage gang rape victim Kainat Soomro to become a spectacle in his courtroom. The judge put the girl (who was raped as a 13-year-old) through a grueling, sexually explicit cross examination in front of her alleged attackers. He used aggressive, sarcastic language and prompted for specifics and demonstrations of the sex act. He also denied the prosecuting counsel’s request to clear the room of at least eighty onlookers who were crowded at the back, according to media. The experience for the girl was intensely traumatic and it affected her testimony.
This will do little to encourage other rape victims into court.
I was therefore shocked to discover that another young victim of gang rape, Miss Nasima Lubano, will appear before the same judge on April 11. The role of a judge requires that he or she be balanced, humane and able to protect the dignity of vulnerable plaintiffs in court. Cross examinations in rape cases are often more comfortably negotiated by the accused–in this case influential men with private lawyers–than the victims, who often come from sheltered backgrounds, have a cultural gender bias working against them, have suffered a brutal ordeal and are represented by overworked public prosecutors.
For a judge to be clearly biased against a victim in court damages the credibility of the institution.
I strongly suggest that Justice Khawaja and his peers be required to attend training sessions teaching them how to deal professionally and humanely with victims of sexual and gender-based violence.
I trust you will act accordingly in this matter.
Yours sincerely,
—————-
PLEASE SEND YOUR LETTERS TO:
1. Mr. Syed Yousaf Raza Gillani
Prime minister of Pakistan
Prime Minister House, Islamabad
PAKISTAN
Fax: + 92 51 9221596
E-mail: webmaster@infopak.gov.pk
2. Federal Minister of Law
Justice and Human Rights
S Block, Pakistan Secretariat, Islamabad
PAKISTAN
Fax: +92 51 920 2628
E-mail: minister@molaw.gov.pk
3. Dr. Ishrat-ul-Ebad Khan
Governor of Sindh province
Karachi, Sindh Province
PAKISTAN
Fax: +92 21 920 5043
Tel: +92 21 920 1201
E-mail: governor@governorsindh.gov.pk
4. Syed Qaim Ali Shah
Chief Minister House
Karachi, Sindh Province
PAKISTAN
Fax: +92 21 920 2000
E-mail: pppsindh@yahoo.com
5. Ms. Tauqeer Fatima Bhutto
Minister for Women Development
7th floor, new secretariat building
Shahra e Iraq, Karachi, Sindh province
PAKISTAN
Fax: +92 21 9213850
E-mail: secy.wd@sindh.gov.pk
6. Mr. Muhammad Ayaz Soomro
Minister for Law, Parliamantry Affairs & Criminal Prosecution Service
Sindh Assembly Building,
Court road, Karachi, Sindh province
PAKISTAN
Fax: +92 21 9211982
E-mail: secy.law@sindh.gov.pk
7. Chief Justice of Sindh High Court
High Court Building
Saddar, Karachi
Sindh Province
PAKISTAN
Fax: +92 21 9213220
E-mail: info@sindhhighcourt.gov.pk
8. Ms. Nadia Gabol
Minister for Human Rights
Government of Sindh,
Pakistan secretariat, Barrack 92,
Karachi, Sindh Province
PAKISTAN
Fax: +92 21 9207044
Tel: +92 21 9207043
E-mail: lukshmil@yahoo.com
9. 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)
