PAKISTAN: Eighteen-year-old murdered in ‘honour’ killing for choosing whom to marry

ASIAN HUMAN RIGHTS COMMISSION - URGENT APPEALS PROGRAMME

Urgent Appeal Case: AHRC-UAC-109-2016
ISSUES: Child rights, Extrajudicial killings, Impunity, Police negligence, Police violence, Violence against women,

Dear Friends,

The Asian Human Rights Commission has received information that an 18-year-old woman has been murdered in the name of honour by her own uncles and cousins. The father of the girl has filed a case of murder against the murderers in the hope of settling the case out of court, through the Diyyat law. The Sindh police, a member of the Provincial Assembly, and powerful tribal chiefs were behind the plan to kill the woman as they thought she had given a bad name to the Magsi and Brohi tribes. 

The member of Sindh assembly from the ruling party had promised the girl that if she were to return to her house she would be safe in his custody and that no one would take revenge on her. The Sindh police had also given the same assurance. However, she was subsequently murdered. 

CASE NARRATIVE:

Shabana Brohi, 18, from Mohammad Bux Brohi Village, ShahdadKot, Kamber District, Sindh, was in love with a young man, Aijaz Magsi, from the opposing tribe, the Magsi. On August 19, they married each other without informing their families. The Brohi tribe members seethed from this perceived insult and their Chief, Mr. Aijaz Brohi, approached the Chief of the Magsi tribe, Mr. Nadir Magsi, a member of Sindh Provincial Assembly from ruling People’s Party, to hand over the girl, as she was with a member of his tribe.

Mr. Magsi used his influence on the couple and assured them that if she returned back to her house she would be provided protection. She was then provided shelter at Mr. Magsi’s place. The chief of the Brohi tribe and her parents asked Magsi to allow them to keep her and assured her safety, vouching on the holy book of Quran.

On September 1, Shabana was handed over to Aijaz Brohi, the Chief of the Brohi tribe after exchanges of oath on the Quran for the protection of her life. However, the next day, September 2, as per plan, some persons abducted her from the house of Aijaz Brohi and murdered her in her village. Mohammad Bux Brohi, her uncles, and first cousins murdered her.

The father of the victim immediately filed a case of murder before the ShahdadKot Police Station against his brothers and nephews.

It is common practice in honour killings that after the filling of a case, the police play a role in getting settlement out of court through the process of Diyyat, under the Articles 300 and 301 of the Pakistan Penal Code. In this case, because of the flaws, the father of the girl will do the same, as he is the complainant, not the police. 
The people of both the tribes and the representatives of civil society approached the Chief of the Magsi tribe that after his assurance the girl was murdered, so he has to take serious notice of this honour killing, and, if not, then he would be made responsible for the killing of an innocent girl.

Magsi promised that he will go to any extent to provide justice to the girl and he will himself file a murder case against the perpetrators. But, till now, the Chief of the Magsi tribe has not filed a case of murder, making excuses one after the other. Instead, Magsi took charge of the body of the girl and buried her according to Muslim customs. This was apparently to show the people of the area that he was not involved in the conspiracy.

It is said by local activists that local police were involved in the murder because she was abducted from Larkana District and murdered in her village in ShahdadKot, District Kamber. They have also accused the local police of accepting a huge payment.

The husband of the girl, Aijaz Brohi, has also left his residence and is hiding somewhere, as he has been declared Karo (Black). According to the customs of honour killing, he is the also liable to be killed. Any person can kill him, and the killer will be well protected by tribal customs.

In such killings, the perpetrator applies the law of Diyyat, so that settlement can be made out of court, on the exchange of huge money. Because of this Diyyat flaw in the law of honour killing, the perpetrators easily get away.

ADDITIONAL INFORMATION:

Honour killings in districts of Larkana, Jacobabad, Shikarpur, Ghotki, Kamber, ShahdadKot, and Kashmor are very common for those girls who prefer to marry of own choice. It is common practice whenever such a girl returns to the tribal chief, or to a powerful person, she is in protective custody, called Saam. Whenever such girl is handed over to her family or parents she is generally murdered. Such an act is not call murder in the area. The parents and influential people publicly display great pride in the killing of such a girl in the name of honour. After murder, the body of the victim is usually thrown in the rivers, and the price paid for this whole act is also collective, and the amount then goes to the Chief of the Jirga, Pakistan’s illegal and parallel judicial system.

SUGGESTED ACTION:

Please write letters to the following authorities calling on them to initiate inquiry into the honour killing of the girl who chose to marry a man of her choosing. The police official of Larkana district and Chief of the Brohi and Magsi tribe must also be prosecuted on charges of abducting for an honour killing. Please also urge the authorities to delete the Diyyat from Pakistani Law and from the Pakistan Penal Code, particularly with respect to cases of honour killing.

The AHRC is writing a separate letter to the UN Special Rapporteur on the Violance against Women calling for her intervention into this matter.

To support this case, please click here: SEND APPEAL LETTER

SAMPLE LETTER

Dear ___________,

PAKISTAN: Eighteen-year-old murdered in ‘honour’ killing for choosing whom to marry

Name of victim: Shabana Brohi, resident of Mohammad Bux Brohi Village, Taluqa Shahdad Kot, District Qamber Shahdad Kot, Sindh

Names of alleged perpetrators:
1. Mr. Aijaz Brohi, Chief of Brohi tribe, resident of Mohammad Bux Brohi Village, Taluqa Shahdad Kot, District Kamber Shahdad Kot, Sindh
2. Mr. Nadir Magsi, Member of Sindh Provincial Assembly, District Kamber Shahdad Kot, Sindh
3. Station House Officer (SHO) Shahdad Kot, District Kamber Shahdad Kot, Sindh
4. Mr. Sajjid Sadozai, Senior Superintendent of Police (SSP), District Kamber Shahdad Kot, Sindh

Date of incident: 2 September 2016

Place of incident: Kamber ShahdadKot, Sindh

I am writing to voice my deep concern about an 18-year-old who was murdered in the name of honour, by her own uncles and cousins. The father of the girl has filed case of murder against the murderers to settle the case out of court, through the Diyyat law. The Sindh police, a member of Provincial Assembly, and powerful tribal chiefs were associated in hatching of the plan of killing, as they perceived her to have brought a bad name to the customs of the two tribes, the Magsi and the Brohi.

According to the information I received, Shabana Brohi, 18, from Mohammad Bux Brohi Village, ShahdadKot, Kamber District, Sindh, was in love with a young man, Aijaz Magsi, from the opposing tribe, the Magsi. On August 19, they married each other without informing their families. The Brohi tribe members seethed from this perceived insult and their Chief, Mr. Aijaz Brohi, approached the Chief of the Magsi tribe, Mr. Nadir Magsi, a member of Sindh Provincial Assembly from ruling People’s Party, to hand over the girl, as she was with a member of his tribe.

Mr. Magsi used his influence on the couple and assured them that if she returned back to her house she would be provided protection. She was then provided shelter at Mr. Magsi’s place. The chief of the Brohi tribe and her parents asked Magsi to allow them to keep her and assured her safety, vouching on the holy book of Quran.

It is appalling that on September 1, Shabana was handed over to Aijaz Brohi, the Chief of the Brohi tribe after exchanges of oath on the Quran for the protection of her life. However, the next day, September 2, as per plan, some persons abducted her from the house of Aijaz Brohi and murdered her in her village. Mohammad Bux Brohi, her uncles, and first cousins murdered her.

The father of the victim immediately filed a case of murder before the ShahdadKot Police Station against his brothers and nephews.

As I know that it is common practice in honour killings that after the filling of a case, the police play a role in getting settlement out of court through the process of Diyyat, under the Articles 300 and 301 of the Pakistan Penal Code. In this case, because of the flaws, the father of the girl will do the same, as he is the complainant, not the police. 
The people of both the tribes and the representatives of civil society approached the Chief of the Magsi tribe that after his assurance the girl was murdered, so he has to take serious notice of this honour killing, and, if not, then he would be made responsible for the killing of an innocent girl.

Magsi promised that he will go to any extent to provide justice to the girl and he will himself file a murder case against the perpetrators. But, till now, the Chief of the Magsi tribe has not filed a case of murder, making excuses one after the other. Instead, Magsi took charge of the body of the girl and buried her according to Muslim customs. This was apparently to show the people of the area that he was not involved in the conspiracy.

It is said by local activists that local police were involved in the murder because she was abducted from Larkana District and murdered in her village in ShahdadKot, District Kamber. They have also accused the local police of accepting a huge payment.

The husband of the girl, Aijaz Brohi, has also left his residence and is hiding somewhere, as he has been declared Karo (Black). According to the customs of honour killing, he is the also liable to be killed. Any person can kill him, and the killer will be well protected by tribal customs.

In such killings, the perpetrator applies the law of Diyyat, so that settlement can be made out of court, on the exchange of huge money. Because of this Diyyat flaw in the law of honour killing, the perpetrators easily get away.

I therefore, urge you to initiate inquiry into the honour killing of the girl who chose to marry a man of her choosing. The police official of Larkana district and Chief of the Brohi and Magsi tribe must also be prosecuted on charges of abducting for an honour killing. I also urge the authorities to delete the Diyyat from Pakistani Law and from the Pakistan Penal Code, particularly with respect to cases of honour killing.

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, +92 51 920 6111
E-mail: secretary@cabinet.gov.pkpspm@pmsectt.gov.pk

2. Mr. Murad Ali Shah
Chief Minister of Sindh
The Government of Sindh Province 
Karachi, Sindh Province
PAKISTAN
Fax: +92 21 920 2000
Email: pressecy@cmsindh.gov.pk

3. Mr. Chaudhry Nisar Ali Khan
Minister 
Ministry of Interior of Pakistan
R Block, Pak Secretariat
Islamabad 
PAKISTAN
Tel: +92 51 9212026
Fax: +92 51 9202624
Email: interior.complaintcell@gmail.comministry.interior@gmail.com

4. Mr. Kamran Michael
Minister For Human Rights 
Through Secretary, Ministry of Human Right
ministry of human rights
State Life Building No. 5, Blue Area, Jinnah Avenue, China Chowk, 
Islamabad 
Tel: 051-9216620, 
Fax: 051-9216621,
Email: secretary@mohr.gov.pk

5. Mr. Tahir Shahbaz
Registrar
Supreme Court of Pakistan
Constitution Avenue, Islamabad
PAKISTAN
Fax: +92 51 9213452
Email: mail@supremecourt.gov.pk

6. Chief Justice of Sindh High Court
High Court Building
Saddar, Karachi
Sindh Province
PAKISTAN
Fax: +92 21 9213220

7. Home minister,
Government of Sindh
Barrack 79, Pakistan Secretariat
Near MPA hostel
Karachi, Sindh Province
PAKISTAN
Fax: +92 21 9204456
Tel: +92 21 9201920-1
E-mail: secy.home@sindh.gov.pk

8. Justice Majida Rizvi
Regional Directorate of Human Rights, 
Block no. 5, Sindh Secretariat No.4-A, Frere Road, Karachi.
Ph: 92-21-99205835 
Fax: 92-21-99205837
Email: justicerazvi@hotmail.com

Thank you.

Urgent Appeals Programme
Asian Human Rights Commission (ua@ahrc.asia)

Document Type : Urgent Appeal Case
Document ID : AHRC-UAC-109-2016
Countries : Pakistan,
Issues : Child rights, Extrajudicial killings, Impunity, Police negligence, Police violence, Violence against women,