PAKISTAN: Shia man tormented with frivolous charges on account of his Faith

Dear Friends, 

The Asian Human Rights Commission (AHRC) has received information about the enforced disappearance of a Shia man, Muhammud Bilal, by officials of a Law Enforcement agency. He has been disappeared twice and indicted on murder charges under frivolous grounds. A few days before his disappearance, Bilal had a hernia operation. To date his whereabouts are unknown. His family fears for his life given his state of health after surgery.

CASE NARRATIVE:

Muhammad Ali Bilal, age 40 son of Khuwaja Muhammud Iqbal, is a resident of Rawalpindi Cantonmonet. Federal Capital runs his welfare organisation by the name of Ittehad Bain Ul Mazahib Welfare Trust – a local undertaking for inter-religious peace and harmony. 

On 9th January 2007 he was picked up by officials of a Law Enforcement Agency (LEA) from Pind Dadan Khan Punjab Province. A First Information Report was filed by Bilal’s family at the Police Station in Pind Dadan Khan. After almost 2 1/2 months, Bilal was presented in Court on the orders of the then Chief Justice, Iftikhar Muhammud Chaudry.

Unfortunately, on 21st May 2014, Bilal was disappeared again from Rawalpindi. His family immediately filed a Writ Petition in the High Court. After two months, Bilal was presented in Court and indicted in the murder case of Azam Tariq, who was completely unknown to him. In fact, the murder occurred while Bilal was disappeared and kept in illegal detention.

Bilal was subsequently indicted and re-arrested on charges of murder. Though innocent of the crime, Bilal remained in jail, incarcerated for three years. Later, on 17 March 2017, the Court granted him bail.

On 21 October 2017 at 8 a.m., two plain clothes officials came to his residence. They asked him to go with them to the race course Police Station in connection with a murder case. Bilal complied. He went on his motor bike accompanied by his younger brother. 
According to the family’s account, one of the Officers rode along with the brothers while the other drove a white Cultus. A few meters away from their home, as the bike approached the main road, Bilal was nabbed by six to seven , heavily armed, masked men. He was beaten, dragged and taken away in a black pick-up, leaving his younger brother behind.

Bilal was recuperating from a hernia operation, due to the torture he endured in jail. The operation took place two weeks before his disappearance. Bilal’s family fears for his life. His condition has deteriorated due to the torture and his subsequent surgical procedure. His family fears that he might not survive another time in jail. A Writ Petition was filed on 30th October 2017 in the Islamabad High Court. Bilal has remained disappeared to date and his whereabouts are unknown.

Bilal’s two daughters, aged 7 and 5, have not had a normal family life as Bilal remains behind bars. Being a Shia, Bilal is accused of working for inter-faith harmony in a country deeply divided along religious lines.

Bilal had requested the Interior Minister’s intervention in looking after his safety. He was assured of the State’s support. He was asked to approach the District Superintendent of Police who the Minister assured will extend all possible help.

Sadly, the menace of disappearance is no longer limited to the Military alone. It appears that all Law Enforcement Agencies have been given power to disappear whomever and whenever they want. The LEA’s in Pakistan have become more powerful than the State Institutions. And thus, they are unaccountable for any wrongdoings, misconduct and transgressions of power.
Even the Apex Courts in the country can no longer rein in the Agencies whose main task was supposedly to enforce the Law. Ironically, the very enforcers of the Law are transgressing the Rule of Law, reducing it to a mere principle and legal jargon

It is ironic and a failure of the Government that, until today, not a single perpetrator of the crime of enforced disappearances has been held accountable due to the absence of a specific Law. The role of the Judiciary is also dismal. It has stopped taking cognizance of the cases of disappearances!

ADDITIONAL INFORMATION:

In December 2016, the Senate had unanimously adopted six recommendations, including draft legislation, to oversee the functioning of Intelligence Agencies. However, the Senate failed to follow-up the matter. The recommendations adopted by the Senate, included legislation to criminalize enforced disappearances, bringing State agencies under the Law and the ratification of the Convention on Enforced Disappearances.

The Senate Functional Committee on Human Rights’ Chairperson, Nasreen Jalil, has accused Law Enforcement Agencies of abducting people and dumping the tortured corpses of their victims. It is indeed a sorry state of affairs that the Parliament, Supreme Court and other institutions have failed utterly to resolve the issue.

Given the unbridled impunity of the Intelligence Agencies, those involved in abductions are not punished despite the evidence against them. The State is reluctant to criminalize enforced disappearances as the draft law is still pending in the National Assembly and there is no sign of its promulgation any time soon. The chairman of the National Commission on Human Rights, retired Justice, Ali Nawaz Chohan, has claimed that it was difficult to take legal action as there were no laws concerning the issue. Even the definition of missing persons is not clear.

The maintenance of a State Writ and Rule of Law cannot be used as an excuse for enforced disappearances or extrajudicial killings under any circumstances. On one hand, the State Institutions give protection to religious groups who massacre Shia mourners on pilgrimage. On the other hand, the Authorities themselves pick up Shias on their return to Pakistan after visiting holy places.

The Pakistani Government has been stoking sectarian violence by its inaction against the perpetrators. All the while they are arresting and threatening Shia community members who are already at the receiving end of violence from State and non-State actors. Banned groups such as Lashkar e Jhangvi who have vowed to “make Pakistan a graveyard” for all Shias are allowed to go scot free. 

The State must take coherent action against the perpetrators of violence against the Shia community. A viable, peaceful and pluralistic society is impossible unless the State quashes hate-mongering by the fundamentalist and extremists once and for all.

SUGGESTED ACTION:

In December 2016, the Senate had unanimously adopted six recommendations, including draft legislation, to oversee the functioning of Intelligence Agencies. However, the Senate failed to follow-up the matter. The recommendations adopted by the Senate, included legislation to criminalize enforced disappearances, bringing State agencies under the Law and the ratification of the Convention on Enforced Disappearances.

The Senate Functional Committee on Human Rights’ Chairperson, Nasreen Jalil, has accused Law Enforcement Agencies of abducting people and dumping the tortured corpses of their victims. It is indeed a sorry state of affairs that the Parliament, Supreme Court and other institutions have failed utterly to resolve the issue.

Given the unbridled impunity of the Intelligence Agencies, those involved in abductions are not punished despite the evidence against them. The State is reluctant to criminalize enforced disappearances as the draft law is still pending in the National Assembly and there is no sign of its promulgation any time soon. The chairman of the National Commission on Human Rights, retired Justice, Ali Nawaz Chohan, has claimed that it was difficult to take legal action as there were no laws concerning the issue. Even the definition of missing persons is not clear.

The maintenance of a State Writ and Rule of Law cannot be used as an excuse for enforced disappearances or extrajudicial killings under any circumstances. On one hand, the State Institutions give protection to religious groups who massacre Shia mourners on pilgrimage. On the other hand, the Authorities themselves pick up Shias on their return to Pakistan after visiting holy places.

The Pakistani Government has been stoking sectarian violence by its inaction against the perpetrators. All the while they are arresting and threatening Shia community members who are already at the receiving end of violence from State and non-State actors. Banned groups such as Lashkar e Jhangvi who have vowed to “make Pakistan a graveyard” for all Shias are allowed to go scot free. 

The State must take coherent action against the perpetrators of violence against the Shia community. A viable, peaceful and pluralistic society is impossible unless the State quashes hate-mongering by the fundamentalist and extremists once and for all.

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