Dear friends,
The Asian Human Rights Commission is gravely concerned by another horrible case of police torture reported from the Khairpur district, Sindh province, Pakistan. Two brothers were arrested by the Pir Jo Goth police on 12 January 2007 on an alleged theft charge. Although their innocence was proved and the complainant wanted to withdraw his case against them, one assistant sub inspector (ASI) allegedly refused to do allow this in order to obtain a bribe in exchange of their release. During the torture against the brothers, the ASI allegedly forced the elder brother to drink lime and also forced lime water into his anus. As a result the victim lost consciousness and remained in that condition for four days. We were also informed that the investigating officer allegedly gained false statements from the younger brother and the family members that the incident was an attempted suicide. The family agreed to do so because of the investigation officer’s alleged threats that otherwise the younger brother in police custody would be killed in the pretext of an “encounter”. No First Information Report (FIR) has not been registered against the ASI to date. To learn more about the police brutality in Pakistan, please also see the case where the police cut off a young man’s penis during torture (UA-032-2007).
CASE DETAILS:
Mr. Mohammad Ali Mallah is 25-year-old young man residing in Mohalla Kalri village, Pir Jo Goth town near Khairpur city, Khairpur district, Sindh province, Pakistan. He was arrested along with his younger brother Mr. Waheed Mallah by the Pir Jo Goth police in suspicion of being involved in stealing a motorcycle on 12 January 2007. The police action was based on a complaint lodged by Nazim of Union Council No. 1 in Kingri town, Mr. Qadeer Memon, against four persons including these two brothers regarding the said theft case.
Because of the intervention of the local people, Nazim of Khairpur District Council, Mr. Zaheer Uddin Ghamro, called a conciliatory meeting on 19 January 2007 at his office. During the meeting, no evidence was found that the two brothers snatched Mr. Qadeer Memon’s motorcycle and their innocence was proved. The meeting decided that the complainant, Mr. Qadeer Memon, would withdraw his complaint against the two brothers from the Pir Jo Goth police station.
Mr. Qadeer Memon then submitted an application to police station to withdraw the case against two brothers and release them. However, Mr. Abdul Sami Veser, Assistant Sub Inspector (ASI) and the investigation wing in-charge of the Pir Jo Goth police station, allegedly refused to release the two men until they paid him Rs. 50,000 (USD 833). As a way to extract the money and institute false charges against them, the ASI started torturing Mr. Mohammad Ali Mallah and his brother Mr. Waheed Mallah in the police lock-up and forced them to confess to the theft of the motorcycle.
On the night of January 24 and early hours of January 25, Mr. Mohammad Ali Mallah was severely tortured by the ASI. The police hung him from ceil and brutally beat him and then hung him upside down and tortured him again. This torture method was repeated. It is alleged that the said ASI forced him to drink lime and also forcibly forced it into the victim’s anus.
Mr. Mohammad Ali Mallah, whose hands were cuffed was brought to the Civil Hospital of Khairpur District unconscious in the early hours of January 25. He remained unconscious for four days.
This incident was reported in many local newspapers and local people strongly protested against this police brutality against an innocent young man. Finally, the District Police Officer (DPO) of Khairpur appointed, Mr. Munir Shaikh, the Deputy Superintendent of Police (DSP) as well as the town investigation officer (TIO), to investigate the case. The TIO Munir Shaikh then visited the Civil Hospital on January 29 but failed to record the statement of Mr. Mohammad Ali Mallah, who was still unconscious. On the following day on January 30, the TIO visited the hospital again when the victim regained consciousness. The TIO ordered the police officer to unchain the victim and leave the hospital room. He then allegedly pressured Mr. Mohammad Ali Mallah to give a false statement in order to cover up the torture case with a false attempted suicide. He also pressured the victim’s family, who was present in the room at that time. However, the DSP failed to take the statement from the victim.
On the same day, the TIO Munir Shaikh called the victim’s family members to the Pir Jo Goth police station, where the victim’s younger brother Mr. Waheed Mallah was still detained in the lock-up. Mr. Waheed Mallah told the TIO that the police tortured him and his brother and forced his brother to drink lime. However, the TIO allegedly threatened the younger brother and the family members that Mr. Waheed Mallah would be killed in the pretext of “encounter”, if they would not deny the ASI’s responsibility of forcing lime into the victim’s body. Due to fear for his life, Mr. Waheed Mallah changed his statement before the police that his brother had taken lime water to commit suicide in order to avoid torture. The other family members gave the same statement.
In reward for changing statements, the TIO Munir Shaikh publicly stated that the victim was not involved in the motorcycle theft case and that he is innocent. The victim’s younger brother was also released on January 31. Further to his good gesture, the TIO ordered the victim unchain from the bed but a policeman is still stationed outside the hospital room.
Meanwhile, ASI Abdul Sami Veser was suspended from his job but no First Information Report (FIR), which is the first step to seek for the prosecution, has not been registered against him to date. Now the police are investigating only about the alleged coercion/torture and corruption of the ASI but did not investigate into the matter of forcing the lime into the victim’s body. Police also claim that lime was not poured into the victim anus. The medical report released showed that lime was only found in the victim’s stomach. However, there is an allegation that the police pressured the hospital authority to change the medical report in favour of the police.
It is reported that ASI Abdul Sami Veser is notorious in the area for crimes against innocent persons and abusing his power as a police officer. On 1 February 2007, He was summoned along with Mr. Abbas Bajwa, the Station House Officer (SHO) of the Pir Jo Goth police station before the District and Sessions Court in relation to another case of illegal detention of Mr. Sajjad Hussain Rahujo and Judge Akhlaq Hussain Larik has ordered action under section 220 of the Pakistan Penal Code against the two police officers.
SUGGESTED ACTION:
Please immediately write to the relevant authorities listed below regarding this brutal torture case and urge them to ensure the independent and thorough investigation into the case. Please also urge them to take action against the investigating officer in relation to his threats on the victim’s family members and provide effective protection to the family.
To support this case, please click here: SEND APPEAL LETTER
SAMPLE LETTER
Dear __________,
PAKISTAN: Police allegedly poisoned a young man through anus
Name of victim: Mr. Mohammad Ali Malla, aged 25, son of Mr. Hamza Ali Mallah, the resident of Mohalla Kalri village, Pir Jo Goth twon, Khairpur district, Sindh province, Pakistan
Alleged perpetrators:
1. Mr. Abdul Sami Veser, Assistant Sub Inspector and Investigation In-Charge of the Pir Jo Goth police station in Pir Jo Goth town (prime suspect)
2. Mr. Munir Shaikh, Deputy Superintendent of Police and the town investigation officer (TIO), Pir Jo Goth town; investigating officer of the case (for alleged cover-up of the case)
Eye witness: Victim’s younger brother Mr. Waheed Mallah; arrested along with the victim on 12 January 2007 and also tortured together with his brother on January 24-25, 2007
Date of torture: From the night of January 24 to early hours of January 25, 2007
Place of torture: Pir Jo Goth police station in Pir Jo Goth town, Khairpur district, Sindh province
I am appalled by another horrible police torture case reported from Khairpur district, Sindh province, Pakistan. I am also shocked that such brutal torture was committed by the police against the innocent persons to extract money from them.
According to the information I have received, Mr. Mohammad Ali Mallah (25) and his younger brother Mr. Waheed Mallah were arrested by the Pir Jo Goth police in suspicion of being involved in stealing a motorcycle on 12 January 2007, based on the complaint lodged by Nazim of Union Council No. 1 in Kingri town, Mr. Qadeer Memon, against four persons including these two brothers.
I was informed that although during the conciliatory meeting on 19 January 2007 called by Nazim of Khairpur District Council, Mr. Zaheer Uddin Ghamro, the two brothers’ innocence was proved and Mr. Qadeer Memon submitted an application to the Pir Jo Goth police station to withdraw the case against two brothers, Mr. Abdul Sami Veser, Assistant Sub Inspector (ASI) and the Investigation-in-Charge of the Pir Jo Goth police station, allegedly refused to release the two men until they paid him Rs. 50,000 (USD 833).
I am informed that as a way to extract the money and institute false charges against the brothers the ASI severely tortured them in the police lock-up and forced them to confess the theft of the motorcycle during the night of January 24 and early hours of January 25. I am also informed that the ASI hung Mr. Mohammad Ali Mallah from ceil while brutally torturing him, and then hung him upside down and tortured him again. During this time, the ASI also allegedly forced Mr. Mohammad Ali Mallah to drink lime and also forcibly poured it into his anus. He fell unconscious and was brought by the police to the Civil Hospital of Khairpur District, where he remained unconscious for four days.
I am also annoyed by the alleged cover-up of the case by the police about this horrific incident. I am informed that due to huge pressure from the local people, the District Police Officer (DPO) of Khairpur appointed, Mr. Munir Shaikh, the Deputy Superintendent of Police (DSP) as well as the town investigation officer (TIO), to investigate the case. However, the TIO Munir Shaikh allegedly pressured the victim to give a false statement of attempt suicide case, when he went to meet the victim at the hospital on January 30.
I am shocked to learn that when he failed to get the false statement from the victim, on the same day, the TIO Munir Shaikh called the victim’s family members to the Pir Jo Goth police station, where the victim’s younger brother was still detained and allegedly threatened the younger brother, who is eyewitness of the incident, that he would be killed in the pretext of “encounter”, if he would not deny the ASI’s responsibility of pouring lime in the victim’s body. I was informed that Mr. Waheed Mallah changed his statement before the police that his brother had lime water to commit suicide in order to avoid torture. The other family members also gave the same statement due to the TIO’s alleged intimidation. Mr. Waheed Mallah was then released on January 31 and the TIO said openly to the public that the two brothers were not involved in motorcycle theft in the reward of changing statements.
While welcoming the fact that ASI Abdul Sami Veser was suspended from his job, I am gravely concerned about the independence of the inquiry into the case. As far as I know, no First Information Reprot (FIR), which is the important first step to seek prosecution of the perpetrator, has not been registered against the ASI to date. I am also informed that the police are investigating only about the alleged coercion/torture and corruption of the ASI but not include the matter of pouring the lime into the victim’s body in their investigation process. It is also alleged that the police pressured the hospital authority to change the medical report in favour of the police, and the medical report only revealed that lime was only found in the victim’s stomach. Based on this medical report, the police now claim that that lime was not poured into the victim anus by the police officer.
It is sad to say that such horrible torture is not an isolated case in Pakistan. I was recently informed by the Asian Human Rights Commission that a 24-year-old young man, Mr. Hazoor Buksh Malik, was cut on his penis during torture by the Station Head Officer (SHO) of the Market police station in Larkana District, Sindh Province, Pakistan on 25 January 2007. Not surprisingly, no proper investigation has yet been conducted and the police also allegedly attempt to cover up this case as well. I want to remind you that proper and effective police investigation is a crucial element to give redress to the victims and maintain the rule of law in the country.
In light of the above, I strongly urge you to order an impartial and thorough investigation into the incident. The ASI should be charged with torture, bribe and attempted murder and brought to justice as soon as possible. I also request you to inquire about the alleged cover-up of the incident done by the TIO Munir Shaikh and take serious legal and disciplinary action against him when the allegation is proven true. The independent and competent investigating officer should be newly appointed to re-conduct inquiry into the incident. The medical examination should also be conducted again by independent and competent doctors to ensure its transparency and credibility. I also request you to ensure that effective protection is provided to the victim and his family members from further intimidation and threats by the police while the investigation is going on. In addition, all the medical expenses of the victim should be covered by the Sindh provincial authorities and the victim should be adequately compensated as well. Lastly, I again urge the Government of Pakistan to ratify the International Covenant on Civil and Political Rights (ICCPR) and the Convention against Torture (CAT) without further delay.
I also ask the international human rights community to protest against the Pakistan’s presence in the UN Human Rights Council unless it takes genuine action to fight against torture and other serious crimes committed by the law enforcement officers.
I look for your immediate intervention into this matter.
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PLEASE SEND YOUR LETTER TO:
1. General Pervez Musharraf
President
President’s Secretariat
Islamabad
PAKISTAN
Fax: +92 51 922 1422, 4768/ 920 1893 or 1835
E-mail: (please see – < http://www.presidentofpakistan.gov.pk/WTPresidentMessage.aspx)
2. Mr. Muhammad Wasi Zafar
Minister of Law, Justice and Human Rights
S Block Pakistan Secretariat
Islamabad
PAKISTAN
Fax: +92 51 920 2628
E-Mail: minister@molaw.gov.pk
3. Mr. Justice Sabih Uddin
Chief Justice of Sindh High Court
High Court Building
Saddar
Karachi
PAKISTAN
Fax: +92-21-9213220
Email: info@sindhhighcourt.gov.pk
4. Dr. Ishrat UL Ibad
Governor of Sindh province
Karachi
PAKISTAN
Tel: + 92 21 920 1201
5. Chief Secretary
Government of Sindh
Chief Secretariat,
Karachi, Sindh province,
PAKISTAN
Tel: +92 21 921950
Fax: +92 21 9211946
Email: cs.sindh@sindh.gov.pk
6. Secretary
(Criminal Prosecution) SGA &CD Department
Government of Sindh
Sindh Secretariat,
Karachi, Sindh Province.
PAKISTAN
Email: secy.cpsd@sindh.gov.pk
7. Secretary of Local Government abd Katchi Abadis
New Secretariate,
Government of Sindh
Karachi,
Sindh province
PAKISTAN
Tel: +92 21 921 1921
Fax: +92 21 9212977
E-mail: secy.lg@sindh.gov.pk
8. Secretary of Home and Prison
Government of Sindh
Tughlaq House,
Karachi,
Sindh Province
PAKISTAN
Tel: +92 21 9211261 or 9211355
Fax: +92 21 9211359 or 9211549
E-mail: secy.home@sindh.gov.pk
9. Dr. Faqir Hussain
Registrar
Supreme Court of Pakistan
Supreme Court Building
Islamabad
PAKISTAN
Tel: +92-51-9213770
E-mail: registrar@supremecourt.gov.pk
10. Prof. Manfred Nowak
Special Rapporteur on the Question of Torture
Attn: Safir Syed
c/o OHCHR-UNOG
1211 Geneva 10
SWITZERLAND
Tel: +41 22 917 9230
Fax: +41 22 917 9016 (ATTN: SPECIAL RAPPORTEUR TORTURE)
Thank you.
Urgent Appeals Programme
Asian Human Rights Commission (ahrchk@ahrchk.org)
