Dear friends,
The Asian Human Rights Commission (AHRC) has received information that an eleven-year-old girl was gang raped over a period of one month by a power family from the Palari tribe of Sindh province while her family was kept in illegal detention. After the hectic efforts from a rights organization a session court has ordered the police to lodge a criminal case of rape against the perpetrators if it is found that the case falls as a cognizable offence. The family of the victim is in hiding at a flood ravaged place after escaping from the illegal detention center of the perpetrator. The area police have refused to file the case because of pressure from the chief of the Palari tribe that is a well-known criminal gang in the area.
CASE NARRATIVE:
Ms. Mallah (full name withheld),11-years-old, the daughter of Ahmed Mallah, a resident of Goth Haji Abdullah Kadhro Daro, Taluka Mirpur Bathoro, District Thatta was gang raped by Mr. Gulab Palari, the sons of Liyar Palari, his brother Pinyal Palari, his son Noor Muhammad and his nephews after her abduction. According to victim’s family, in the month of July Mr. Gulab Palari and Mr. Pinyal son Liyar Palari visited her village, and invited her family consisting of her father Mr. Ahmed Mallah, Mother, Mst Hujjat Mallah, her and her two year-old sister Ms. Farzana to their area in Nooriabad, Sindh province for the cultivation of Land at Nooriabad which is situated between the cities of Hyderabad and Karachi. On this offer, her father Ahmed Mallah decided to move his family to their village Goth Azeem Palari with all their belongings and household goods. After moving there, they were surprised to know that there was neither land nor any cultivation there.
According to the case filed in the Additional Session Court of Kotri, the alleged rapists namely; Yar Mohummad, Gulab, Pinyal and other their other accomplices of Palari family detained them in an illegal private detention center at their village house. After some days Yar Muhammad asked the father of the girl to marry his daughter with his son. Shabana’s father refused it because of her young age. This refusal infuriated Palaris and the accused persons abducted her and forcibly married her to Noor Muhammad, the son of Yar Muhammad. It is said by the victim that she was forcibly put before a bearded person who read some verses from the holy book of Quran and then it was declared that she was married to Noor Muhammad who confined her and raped her the entire night.
After two days, she was shifted to another house where Yar Mohummad, father, and his son, Noor Mohummad Palari allegedly tortured and raped her. Later on his another son, Mr. Riaz son of Yar Mohummad, his naphew Bilwal son of Muhammad, his brother Pinyal son of Liyar Palari also took advantage of the situation and raped her.
At one point, Mst. Hujjat, the mother of Ms. Mallah managed to escape from the confinement and with the support of human rights lawyers filed an application under Section 491 of Criminal Procedural Code (Cr.P.C) before the Court of District and Sessions Judge, Jamshoro at Kotri and then the station House Officer (S.H.O) of Nooriabad police station conducted a raid at the house of accused mentioned above as per the order of the Honorable Court and recovered the victim Ms. Mallah on September 12 and produced her before the court. Then the Session Court ordered on September 14 to file an FIR and allowed Ms. Mallah to go with her parents. However, the FIR against the accused was not filed because the alleged perpetrators are influential people.
Since then, Ms. Mallah and her family are shuttling between police stations and courts in search of justice. The family of the victim also told RightsNow, a human rights based organisation, that they were also receiving threats that she would be killed if they pursued the case against them. Due to fear, harassment and threats to their lives Ms. Mallah’s family are running from one place to another. At the moment, the family are hiding in an flood inundated house and has courageously decided to pursue justice at any cost.
At the regular hearing of the case on 23 September, the additional session judge, Kotri, has directed Station House Officer, Nooriabad to lodge an FIR against the accused if the offence is cognizable and intimate to the Court that it had been done. The Judge has not ordered a medical check-up which was requested by the complainant which offers a loophole to the perpetrators as any traces of the rape will be lost.
Ms. Mallah’s family also sent an application to the Deputy Inspector General of Police, Hyderabad, Sindh on 20 September 20 for directing the concerned SHO for lodging an FIR against the accused persons and arresting them but once again as the accused are influential people it appears that they cannot be brought to book.
In the present situation the house the family are staying is an unfinished building. They are at the mercy of mosquitoes which present the threat of disease. They are also starving because they do not have money to feed themselves and support the ongoing litigation.
SUGGESTED ACTION:
Please write letters to the authorities listed below and urge them to provide full protection to the victim and her family. The perpetrators must be arrested and brought before the law and the police officers and officials protecting them must be prosecuted. The victim must be provided with full medical and counseling services and the family must be compensated for the ordeal that they have endured.
To support this case, please click here: SEND APPEAL LETTER
SAMPLE LETTER
Dear ___________,
PAKISTAN: A minor girl was gang raped by a powerful man, his son, his brothers and nephews in the shadow of a fabricated marriage
Name of victim: Ms. Mallah, 11-year-old daughter of Ahmed Mallah, resident of Goth Haji Abdullah Kadhro Daro, Taluka Mirpur Bathoro, District Thatta
Names of alleged perpetrators: Yar Mohummad son of Liyar Palari, resident of Goth Azeem Palari, Nooriabad, sub-district Kotri, Jamshoro district, Sindh province, Noor Mohummad Palari son of Yar Muhammad Palari, resident of Goth Azeem Palari, Nooriabad, sub-district Kotri, Jamshoro district, Sindh province, Riaz son of Yar Muhammad Palari, resident of Goth Azeem Palari, Nooriabad, sub-district Kotri, Jamshoro district, Sindh province, Bilwal son of Yar Muhammad resident of Goth Azeem Palari, Nooriabad, sub-district Kotri, Jamshoro district, Sindh province, Pinyal son of Liyar Palari, resident of Goth Azeem Palari, Nooriabad, sub-district Kotri, Jamshoro district, Sindh province
Date of incident: July 2011
Place of incident: Goth Azeem Palari, Nooriabad, sub-district Kotri, Jamshoro district, Sindh province
I am writing to voice my deep concern regarding the case of the gang rape of a minor girl by members of a powerful tribe who is being protected by the police.
I am distressed to know that Ms. Mallah (full name withheld),11-years-old, the daughter of Ahmed Mallah, a resident of Goth Haji Abdullah Kadhro Daro, Taluka Mirpur Bathoro, District Thatta was gang raped by Mr. Gulab Palari, the sons of Liyar Palari, his brother Pinyal Palari, his son Noor Muhammad and his nephews after her abduction. According to victim’s family, in the month of July Mr. Gulab Palari and Mr. Pinyal son Liyar Palari visited her village, and invited her family consisting of her father Mr. Ahmed Mallah, Mother, Mst Hujjat Mallah, her and her two year-old sister Ms. Farzana to their area in Nooriabad, Sindh province for the cultivation of Land at Nooriabad which is situated between the cities of Hyderabad and Karachi. On this offer, her father Ahmed Mallah decided to move his family to their village Goth Azeem Palari with all their belongings and household goods. After moving there, they were surprised to know that there was neither land nor any cultivation there.
According to the case filed in the Additional Session Court of Kotri, the alleged rapists namely; Yar Mohummad, Gulab, Pinyal and other their other accomplices of Palari family detained them in an illegal private detention center at their village house. After some days Yar Muhammad asked the father of the girl to marry his daughter with his son. Shabana’s father refused it because of her young age. This refusal infuriated Palaris and the accused persons abducted her and forcibly married her to Noor Muhammad, the son of Yar Muhammad. It is said by the victim that she was forcibly put before a bearded person who read some verses from the holy book of Quran and then it was declared that she was married to Noor Muhammad who confined her and raped her the entire night.
I have learned that after two days, she was shifted to another house where Yar Mohummad, father, and his son, Noor Mohummad Palari allegedly tortured and raped her. Later on his another son, Mr. Riaz son of Yar Mohummad, his nephew Bilwal son of Muhammad, his brother Pinyal son of Liyar Palari also took advantage of the situation and raped her.
At one point, Mst. Hujjat, the mother of Ms. Mallah managed to escape from the confinement and with the support of human rights lawyers filed an application under Section 491 of Criminal Procedural Code (Cr.P.C) before the Court of District and Sessions Judge, Jamshoro at Kotri and then the station House Officer (S.H.O) of Nooriabad police station conducted a raid at the house of accused mentioned above as per the order of the Honorable Court and recovered the victim Ms. Mallah on September 12 and produced her before the court. Then the Session Court ordered on September 14 to file an FIR and allowed Ms. Mallah to go with her parents. However, the FIR against the accused was not filed because the alleged perpetrators are influential people.
I feel very sorry for the victims as Ms. Mallah and her family is shuttling between police stations and courts in search of justice. The family of the victim also told RightsNow, a human rights based organisation, that they were also receiving threats that she would be killed if they pursued the case against them. Due to fear, harassment and threats to their lives Ms. Mallah’s family are running from one place to another. At the moment, the family is hiding in a flood inundated house and has courageously decided to pursue justice at any cost.
At the regular hearing of the case on 23 September, the additional session judge, Kotri, has directed Station House Officer, Nooriabad to lodge an FIR against the accused if the offence is cognizable and intimate to the Court that it had been done. The Judge has not ordered a medical check-up which was requested by the complainant which offers a loophole to the perpetrators as any traces of the rape will be lost.
Ms. Mallah’s family also sent an application to the Deputy Inspector General of Police, Hyderabad, Sindh on 20 September 20 for directing the concerned SHO for lodging an FIR against the accused persons and arresting them but once again as the accused are influential people it appears that they cannot be brought to book.
It is also distressing to learn that in the present situation the house the family are staying is an unfinished building. They are at the mercy of mosquitoes which present the threat of disease. They are also starving because they do not have money to feed themselves and support the ongoing litigation.
I find it totally unreasonable to learn that even after the brutal gang rape of a minor girl the authorities are dragging their feet. No significant action has been taken against the perpetrators who remain at large and blatantly under the protection of the local police and authorities.
I urge you to provide full protection to the victim and her family. The perpetrators must be arrested and brought before the law and the police officers and officials protecting them must be prosecuted. The victim must be provided with full medical and counseling services and the family must be compensated for the ordeal that they have endured.
I hope to see immediate action from yourself and your good offices.
Yours sincerely,
—————-
PLEASE SEND YOUR LETTERS TO:
1. Mr. Asif Ali Zardari
President of Pakistan
President’s Secretariat
Islamabad
PAKISTAN
Tel: +92 51 9204801/9214171
Fax: +92 51 9207458
Email: publicmail@president.gov.pk
2. Mr. Syed Yousaf Raza Gilani
Prime Minister of Pakistan
Prime Minister House
Islamabad
PAKISTAN
Fax: + 92 51 9221596
E-mail: pspm@pmsectt.gov.pk or nsethi@pmsectt.gov.pk
3. Syed Qaim Ali Shah
Chief Minister
Karachi, Sindh Province
PAKISTAN
Fax: +92 21 920 2000
E-mail: cmcomplaintcell@cmsindh.gov.pk
4. Federal Minister for Human Rights
Ministry of Human Rights
Old US Aid building
Ata Turk Avenue
G-5, Islamabad
PAKISTAN
Fax: +9251-9204108
Email: sarfaraz_yousuf@yahoo.com
5. 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
6. Chief Justice of Sindh High Court
High Court Building
Saddar, Karachi
Sindh Province
PAKISTAN
Fax: +92 21 9213220
E-mail: info@sindhhighcourt.gov.pk, mit2shc@sindhhighcourt.gov.pk
7. 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
8. Dr. Faqir Hussain
Registrar
Supreme Court of Pakistan
Constitution Avenue, Islamabad
PAKISTAN
Fax: + 92 51 9213452
E-mail: mail@supremecourt.gov.pk
9. Inspector General of Police
Police Head office, I. I. Chundrigar road
Karachi, Sindh Province
PAKISTAN
Fax: +92 21 9212051
E-mail: ppo.sindh@sindhpolice.gov.pk
Thank you.
Urgent Appeals Programme
Asian Human Rights Commission (ua@ahrc.asia)
