Dear friends,
The Asian Human Rights Commission (AHRC) has received information that as people around the world gathered to observe the UN day in support of torture victims, Inter-Service Intelligence agents in the north of Pakistan were fatally torturing a young man in their custody. The case has increased tensions between the police in Gilgit, who arbitrarily arrested the man, and the ISI officials who took him from their custody and returned him close to death. The man died in hospital early on the 27 June.
CASE DETAILS:
Mr. Sadiq Ali, age 30 was arrested by Gilgit police on 17 June 2009. At that time he lived far from home (Jaffarabad village, Tehsil, Gilgit) and worked at the canteen of a community centre, the Nagir House in Rawalpindi, Punjab province, where he was known for his social work.
On June 15 he had traveled more than 1,000km home to Jaffarabad city to help his sister with her annual examinations, but was arrested from a roadside hotel where he had stopped for tea. Police took him in front of the Gilgit Judicial Magistrate with a First Information Report (a document needed for the legal process) regarding the murder of a government worker. His name was not in the FIR and he had not been in Gilgit on the date of the murder (13-14 June), however the magistrate still granted remand. The arrest appears arbitrary, however sources tell us that police knew Ali because of a minor case in the past.
After a few days, despite there being no evidence brought against him, Ali was referred to a Joint Investigation Team (JIT), which includes members of state intelligence agencies, particularly the ISI. On June 24, without registering the case or asking permission of a magistrate as required by law, ISI agents took Ali from the police station for investigation into anti state activities. He was reportedly taken to Jotial cantonment.
On June 26 he was brought back to Gilgit station unconscious, bleeding and in critical condition. The police station tried to refuse the injured man but eventually, under pressure, took him back and to Central Hospital Gilgit where he died at around 4am on 27 June. Investigators (namely assembly member Mirza Hussain) have reported that Ali had deep open wounds near his kidneys and around his hips, and that his fingernails and toenails were bloody. A post mortem was not conducted.
ADDITIONAL INFORMATION:
News of this case has enraged civilians in Jaffarabad and Gilgit and they have been organising street protests since. They have picketed outside the high court, demanding that the Chief Justice conduct a post mortem of the body and indict the responsible ISI officials. The chief justice was absent, but two senior high court judges of Gilgit and Baltistan promised to take up the case. The angry mob also attacked the office medical superintendent for not conducting the post mortem. The following day a medical report was issued by the hospital, which stated that kidney failure caused his death. The protestors have rejected the report and have continued to demonstrate.
Meanwhile Mirza Hussain, who is a member of the legislative assembly of the Northern Areas and advisor to the chairman of the legislative assembly (a provincial minister) followed up the case with the police, who have denied responsibility and point all questions to the ISI. A similar response was given by Mr. Basheer, the deputy superintendent of police (DSP) and Mr. Izzat Shah, the station head officer (SHO) of Central police station, Gilgit, to legislative assembly member Mr. Mohammad Ali Akhtar from Jafferabad.
BACKGROUND INFORMATION:
The Northern Areas are officially referred to as the Federally Administered Northern Areas (FANA). Gigit and Baltistan are the part of the Northern Areas Legislative Assembly and their governments come under the prime minister and are run by the Ministry of Kashmir Affairs and the Northern Areas, as well as being in the tight grip of intelligence agencies (Military intelligence and ISI) due to its sensitive geographical location near Kashmir and China. People here are regularly denied their basic human rights in the name of national security; force members and state agents have the right to arrest and detain anyone without legal process. Courts operate under the secretary of Kashmir affairs.
SUGGESTED ACTION:
Please write to the relevant authorities asking them to bring the perpetrators responsible for torturing and killing Sadiq Ali before the law. Please also urge them to provide compensation to the family of the victim.
The Asian Human Rights Commission has written a letter to the UN Special Rapporteur on torture and other cruel, inhuman or degrading treatment or punishment, and on extrajudicial, summary or arbitrary executions.
To support this case, please click here: SEND APPEAL LETTER
SAMPLE LETTER
Dear __________,
PAKISTAN: A young man is tortured and killed by alleged intelligence agents on the UN day against torture
Name of victim: Mr. Sadiq Ali, 30, son of Rajab Ali, resident of Tehseel Jaffarabad, Nagir, Gilgit
Name of alleged perpetrators:
1. Major General Muzamil Hussain, Field Commander of Northern Areas Gilgit and Baltistan
2. Commander of Inter services Intelligence (ISI), Jotial cantonment, Gilgit
3. Mr. Izzat Shah, Station house officer (SHO) of City police station, Gigit city
Date of incident: 17 to 26 June, 2009
Place of incident: Gilgit Police Station and Jotial cantonment Gilgit, Pakistan
I am shocked and disturbed to hear that as people around the world gathered to observe the UN day in support of torture victims on June 26, Inter-Service Intelligence agents were fatally torturing a young man in their custody, who later died in hospital.
Mr. Sadiq Ali was arrested by Gilgit police on 17 June 2009. At that time he lived far from home (Jaffarabad village, Tehsil, Gilgit) and worked at the canteen of a community centre, the Nagir House in Rawalpindi, Punjab province, where he was known for his social work.
On June 15 he had traveled more than 1,000km home to Jaffarabad city to help his sister with her annual examinations, but was arrested from a roadside hotel where he had stopped for tea. Police took him in front of the Gilgit Judicial Magistrate with a First Information Report (a document needed for the legal process) regarding the murder of a government worker. His name was not in the FIR and he had not been in Gilgit on the date of the murder (13-14 June), however the magistrate still granted remand. The arrest appears arbitrary, however sources tell us that police knew Ali because of a minor case in the past.
After a few days, despite there being no evidence brought against him, Ali was referred to a Joint Investigation Team (JIT), which includes members of state intelligence agencies, particularly the ISI. On June 24, without registering the case or asking permission of a magistrate as required by law, ISI agents took Ali from the police station for investigation into anti state activities. He was taken to Jotial cantonment.
On June 26 he was brought back to Gilgit station unconscious and bleeding, in critical condition. The police station tried to refuse the injured man but eventually, under pressure, took him back to Central Hospital Gilgit where he died at around 4am on 27 June. Investigators (namely an assembly member Mirza Hussain) have reported that Ali had deep open wounds near his kidneys and around his hips, and that his fingernails and toenails were bloody. A post mortem was not conducted.
Since then local residents have been demonstrating continuously, outside courts and medical premises, and assembly members have been demanding answers from the police, who point to the ISI. A medical report was only issued by the hospital after public pressure was replied: the report stated that Ali died from kidney failure.
According to Article 14, sub clause 2 of the constitution no person should be subjected to torture for the purpose of extracting evidence. Pakistan has also signed the UN Convention Against Torture (CAT) and has pledged before the UN Human Rights Council that it will bring it into the countrys legislation. Law enforcement agencies are either not aware of this, or have no regard for the commitments made by their government at the highest level.
I am also concerned that state intelligence agencies continue to make arrests instead of police officers, without any attempt to observe constitutionally required legal process, and Id like to point out that grave human rights violations tend to follow these arrests, including torture and summary execution.
I therefore request that you bring the state sanctioned torturers and killers of Sadiq Ali before the law, and initiate a thorough inquiry into this gross violation and others taking place in the area. Please ensure that the family of the victim receives redress and compensation.
I look forward to your action in this matter.
Yours sincerely,
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PLEASE SEND YOUR LETTERS TO:
1. Mr. Asif Ali Zardari
President
President’s Secretariat
Islamabad
PAKISTAN
Fax: + 92 51 922 1422, 4768/ 920 1893 or 1835
E-mail: (please see and post your appeal in the website – http://www.presidentofpakistan.gov.pk/WTPresidentMessage.aspx)
Email: publicmail@president.gov.pk
2. Mr. Yousaf Raza Gillani
Prime minister of Pakistan
C/o Mr. Zafar Mahmood
Cabinet Secretary
Islamabad
PAKISTAN
Tel: +92 51-9213562
Fax: +92 51-9201357
Email: secretary@cabinet.gov.pk
3. Mr.Naeem Khan
Secretary
Ministry of Kashmir Affairs and Northern Areas
Pakistan Secretariat
Islamabad
PAKISTAN
Email: secretary@moka.gov.pk
4. Mr. A Rehman Malik
Minister for Interior
R Block Pak Secretariat
Islamabad
PAKISTAN
Tel: +92 51 9212026
Fax: +92 51 9202624
E-mail: ministry.interior@gmail.com or interior.complaintcell@gmail.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@ahrchk.org)
