Dear friends,
The Asian Human Rights Commission (AHRC) has received information regarding the enforced disappearance of two nationalist party leaders in October 2009. Although the men were seen being arrested and the case has been taken up by the Supreme Court, its directives to the officers involved have worryingly produced no further information or action. One of the missing men claims to have been held in a military torture centre for ten months in 2006 after being illegally arrested.
CASE DETAILS:
According to the details received from the victims family and the media, Mr. Sikander (generally known as Aakash Mallah) and Mr. Noor Mohammad Khaskheli were well known leaders of a Sindh province nationalist party, Jeay Sindh Qaumi Mahaz (JSQM) when they were publicly abducted. Witnesses describe an illegal arrest conducted by 10 to 12 men in total: uniformed Bhittai Nagar police (from Hyderabad) with a number of persons in plain clothes. The victims’ party believes the arrest was in connection to an independence march being organized for 7 November in Karachi.
The brother of Mr. Mallah, Mr. Haji Anwar Mallah, filed a habeas corpus petition before the Hyderabad District and Sessions Court on 4 November 2009, and before the Sindh High Court (Hyderabad branch) the following day. This is despite his family receiving threats warning them not to contact media or the courts. The Hyderabad District Police Officer (DPO) denied in writing that the men were in police custody within his jurisdiction, and again when he appeared before the Sindh High Court on 24 November 2009.
The Chief Justice of Pakistan took Sou Moto action on the case on 11 March, ordering the regional police officer (RPO) in Hyderabad to arrest the deputy superintendent of police (DSP) and station head officer (SHO) and produce them the following day. However the two men, Sikandar Bhatti and Ghulam Muhammad Memon respectively, denied having arrested or detained the men. They asked for time to establish the detainees’ whereabouts and the bench gave them and two other officers (RPO Fayyaz Leghari and DPO Javed ALam Odho) 15 days to find the two men and produce them before a district and sessions judge.
The deadline for the investigation has now passed and the men have not been located, nor a report been given. The Supreme Court is due to take up the matter shortly. However it is of great concern to the AHRC to note the failure of the Supreme Court and Sindh High Court to effect action in such clear cut cases of disappearance.
On 18 March the attorney general told the Supreme Court that the government is creating a three-member tribunal to look into the issue of disappeared persons, which will be made up of retired judges from the higher courts.
BACKGROUND INFORMATION:
As reported by the AHRC in 2006 (UA-169-2006) Aakash Mallah was taken into custody on 16 May 2006 from Bhitai Nagar, Hyderabad city by plain clothed persons, in the presence of police. After 10 months of his incommunicado detention in various secret centres, during which he was tortured, he was brought before a court in Mirpur Khas and released shortly thereafter. The courts have been unable to hold any military persons accountable in the case.
SUGGESTED ACTION:
Please write to the authorities listed below regarding this case.
The AHRC has written a separate letter to the UN Working Group on involuntary or enforced disappearances calling for its intervention into this case.
To support this case, please click here: SEND APPEAL LETTER
SAMPLE LETTER
Dear __________,
PAKISTAN: Police fail to produce two illegally arrested persons before the Supreme Court
Name of victims:
1. Mr. Sikander alias Aakash Mallah s/o Mohammad Siddiq; resident of B3 Maari Garden Qasimabad.
2. Mr. Noor Mohammad Khaskheli, Qasimabad, Hyderabad.
Name of alleged perpetrators:
1. Bhitai Nagar Police officers, Bhitai Nagar, Hyderabad.
Date of incident: October 30, 2009
Place of incident:: Bhitai Nagar, Hyderabad, Sindh province
I am writing to voice my deep concern regarding the enforced disappearance of two nationalist party leaders in October 2009. Although the men were seen being arrested and the case has been taken up by the Supreme Court, the court’s directives to the officers involved have worryingly produced no further information or action. One of the missing men claims to have been held in a military torture centre for ten months in 2006 after being illegally arrested.
According to the details received from the victims family and the media, Mr. Sikander (generally known as Aakash Mallah) and Mr. Noor Mohammad Khaskheli were well known leaders of a Sindh province nationalist party, Jeay Sindh Qaumi Mahaz (JSQM) when they were publicly abducted. Witnesses describe an illegal arrest conducted by 10 to 12 men in total: uniformed Bhittai Nagar police (from Hyderabad) with a number of persons in plain clothes. The victims’ party believes the arrest was in connection to an independence march being organized for 7 November in Karachi.
The brother of Mr. Mallah, Mr. Haji Anwar Mallah, filed a habeas corpus petition before the Hyderabad District and Sessions Court on 4 November 2009, and before the Sindh High Court (Hyderabad branch) the following day despite receiving threats. The Hyderabad District Police Officer (DPO) denied in writing that the men were in police custody within his jurisdiction, and did so again when he appeared before the Sindh High Court on 24 November 2009.
I am told that the Chief Justice of Pakistan took Sou Moto action on the case on 11 March, ordering the regional police officer (RPO) in Hyderabad to arrest the deputy superintendent of police (DSP) and station head officer (SHO) and produce them the following day. However the two men, Sikandar Bhatti and Ghulam Muhammad Memon respectively, denied having arrested or detained the victims. The bench gave them and two other officers (RPO Fayyaz Leghari and DPO Javed ALam Odho) 15 days to find the two men and produce them before a district and sessions judge.
I’m aware that the deadline for the investigation has passed and that the men have not been located, nor a report been given. Though the Supreme Court is due to take up the matter shortly, I am greatly concerned to note the court’s failure to effect action in such clear cut cases of disappearance and illegal arrest.
Please act to ensure that the investigation into the illegal arrests and detention of Mr. Aakash Mallah and Noor Mohammad Khaskheli proceeds effectively, swiftly and transparently. Those found to be responsible, whether they work for the state or not, must be held to account. Impunity must not be tolerated if such grave human right violations are to be stemmed in Pakistan.
Yours sincerely,
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PLEASE SEND YOUR LETTERS TO:
1.Mr. Asif Ali Zardari
President
President’s Secretariat
Islamabad
PAKISTAN
Tel:+ 92-51-9204801-9214171
Fax: + 92-51-9207458
Email: publicmail@president.gov.pk
2. Prime Minister
Prime Minister House
Islamabad
PAKISTAN
Fax: +92 51 922 1596
Tel: +92 51 920 6111 +92 51 920 6111
E-mail: secretary@cabinet.gov.pk
3. Dr. Faqir Hussain
Registrar
Supreme Court of Pakistan
Constitution Avenue, Islamabad
PAKISTAN
Fax: + 92 51 9213452
E-mail: mail@supremecourt.gov.pk
4. Minister for Interior
R Block Pak Secretariat
Islamabad
PAKISTAN
Tel: +92 51 9212026 +92 51 9212026
Fax: +92 51 9202624
E-mail: ministry.interior@gmail.com or interior.complaintcell@gmail.com
5. Dr. Ishrat-ul-Ebad Khan
Governor of Sindh province
Karachi, Sindh Province
PAKISTAN
Fax: +92 21 920 5043
Tel: +92 21 920 1201 +92 21 920 1201 +92 21 920 1201 +92 21 920 1201
E-mail: governor@governorsindh.gov.pk
6. Syed Qaim Ali Shah
Chief Minister
Karachi, Sindh Province
PAKISTAN
Fax: +92 21 920 2000
Email: pressecy@cmsindh.gov.pk
7.Chief Justice of Sindh High Court
High Court Building
Saddar, Karachi
Sindh Province
PAKISTAN
Fax: +92 21 9213220
E-mail: registrar@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 +92 21 9207043 +92 21 9207043 +92 21 9207043
E-mail: lukshmil@yahoo.com
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Thank you.
Urgent Appeals Programme
Asian Human Rights Commission (ua@ahrc.asia)
