UNITED KINGDOM/PAKISTAN: Two activists held in London face risk of torture if deported

Dear friends,

The Asian Human Rights Commission (AHRC) writes to inform you that two activists from Pakistan arrested in London on 4 December 2007 may be threatened with deportation. They are being held and charged allegedly for conspiring to incite another person to commit acts of terrorism. Their friends and colleagues are worried that the British government may send the two men back to Pakistan. But doing so would put them at risk of torture, in violation of the British government’s obligations under the Convention against Torture (CAT).

CASE DETAILS:

On December 4, Faiz Baloch (25) and Hyrbyair Marri (39) of North and West London respectively were arrested following raids at their houses. It was reported in the media that a large quantity of documents, DVDs, computer files and money had been recovered following searches made either at the victims’ places or offices.

On December 11, charges were filed against them at the Westminster Magistrates Court in Central London for conspiring to incite another person to commit an act of terrorism under the Terrorism Act of 2000. The two have also been allegedly accused of having links with the Balochistan Liberation Army, which is considered a terrorist organization by the British government.

Hyrbyair’s arrest happened days after his elder brother, Mr. Balach Marri, was also killed in the Sarlat area of Naushki, Balochistan during a military operation on November 21. The elder Marri was formerly the leader of an opposition party in the Balochistan provincial assembly while his younger brother, Hyrbyair, was the provincial minister in the early 90s.

It has been reported in the media, including the Guardian newspaper and the BBC Urdu Service, that the British government may send them back to Pakistan in exchange for a prisoner, Rashid Rauf, who is accused in plotting to blow up transatlantic aircrafts in August 2006. He was held in Pakistan but had escaped ten days ago.

Since 2005, the government of Pakistan has reportedly been making efforts to extradite the Marri brothers. Once, the government also attempted to prevent Hybyar’s younger brother, Mehran Baloch, from intervening before the UN Human Rights Council on behalf of the Interfaith International regarding military operations in Balochistan.

Only with the intervention of Asma Jihangir, chairperson of the National Human Rights Commission of Pakistan, Mehran was able to speak at the Council.

ADDITIONAL COMMENTS:

Given the record of torture and inhuman treatment of detainees by the security forces in Pakistan, there is a risk that the two men could be subjected to such treatment. They also would not be able to obtain a fair trial at all if deported.

For instance, lawyer Munir A. Malik, former president of the Supreme Court of Pakistan Bar Association was tortured and poisoned following his arrest last November days after the state of emergency was imposed in Pakistan. His condition has since deteriorated. No action has been taken against those involved in torturing him. Please read for details: UA-331-2007

No actions were taken either against the policemen who tortured and inhumanely treated eight persons in Khaipure Mirs District, Sindh in July this year.  The police tied the detainees with ropes and chains around their necks. They were forced to bark like dogs and bite each other like wild bears; if they refused, they would be beaten. Please read for details: UP-111-2007; UA-249-2007

Those involved in assaulting and severing the penis of a 24-year-old man, Hazoor Buksh Malik in Sindh, Pakistan, have also not been held to account. It is reported that Tunio, the main alleged perpetrator, as well as the Station Head Officer (SHO), of the Market police station in Larkana District where the victim have been held in custody and tortured, were assured of protection by a government official. For details please read: UP-085-2007

Another torture victim, 33-year-old Ali Nawaz, also died in police custody days after he was arrested and falsely charged by the police in Sindh Province in February this year.  The victim and his two other friends were illegally arrested by the policemen who had demanded money from them. Ali was tortured allegedly for failing to bribe jail officers.  The physician announced he had died of kidney failure; however, his family found traces of torture marks on his corpse. Please read for further details: UA-046-2007

The United Kingdom has ratified the UN Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (CAT). By ratifying the Convention, it is obligated under the Article 3 of the Convention not to expel, deport or extradite persons into another country where they would be at risk of torture.

SUGGESTED ACTION:
Please write letters to the authorities below requesting their urgent intervention to prevent the deportation of the two men to Pakistan. The British government must afford these men fair trials in accordance with ordinary laws and uphold its obligations under international law.

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