UPDATE (Pakistan): Fifteen political activists are missing after their arbitrary arrest and detention

ASIAN HUMAN RIGHTS COMMISSION - URGENT APPEALS PROGRAMME

Urgent Appeal Case: UP-014-2007
ISSUES: Enforced disappearances and abductions,

Dear Friends,

The Asian Human Rights Commission (AHRC) received information has received updated information about the case of arbitrary arrests of over 400 political and human rights activists in the end of November 2006 (See further: UA-386-2006). We were informed that 15 activists, who had been arrested during this time, were allegedly sent to different prisons in Balochistan on 25 December 2006 after about one month of arbitrary detention. Details of their places of detention remain unknown. We worry that those victims are in great danger to be subjected to torture, forced disappearances or even killings. We call for your urgent intervention into this matter to locate the victims and ensure their release. Please see also the case of Mr. Salim Baloch, who was allegedly abducted again by secret service personnel on 31 December 2006 just 15 days after his release from an army torture cell (Refer to: UP-001-2007).

UPDATED INFORMATION:

To briefly remind the background of this case, Balochistan National Party (BNP) planned to organize a protest called “Long March” from 30 November 2006 on the same day when President Musharaff would begin his two days visit to Balochistan province. The protest aims at raising voice against the ongoing military operations, the establishment of military cantonments and alleged arrest, detention and forced disappearances of political and human rights activists by the military in the province, as well as against the killing of a political leader and former Governor of the province, Mr. Sardar Akber Bugti, in an air attack on 27 August 2006. However, the police and military personnel arrested more than 400 activists within 72 hours from the night of 27 November 2006 to stop the march in the pretext of the maintenance of Public Order Ordinance. Among those arrested, 158 activists including the former chief minister of Balochistan, Mr. Sardar Akhter Mengal, the president of BNP and other leadership of the BNP, were reportedly arrested within 24 hours only on November 28 (UA-386-2006). Mr. Sardar Akhter Mengal is currently detained in Karachi Central Jail, where he has been allegedly ill-treated.

The AHRC was informed that among those arrested, 15 BNP members have been identified as being missing since 25 December 2006 after their illegal one-month detention and alleged torture since their arrest. They are: Mr. Noor Ahmed (38), Mr. Abdullah (37), Mr. Amir Bux (28), Mr. Haji (36), Mr. Zafar (33), Mr. Shahnawaz (35), Mr. Rahim (48), Mr. Bahar Khan (44), Mr. Ahmad (38). Mr. Ghulam Haider (38), Mr. Haji Jaffer (41), Mr. Bahadur (46), Mr. Abdul Khaliq (42), Mr. Noor Ahmed (37) and Mr. Mohammad Hassan (50).

These 15 persons, along with Mr. Sardar Akhter Mengal, were reportedly kept under house arrest by the Hub police at Mr. Sardar Akhter Mengal’s house at Lasbella district, Balochistan province, which was changed into a sub-jail by the orders of the provincial government.

On 25 December 2006, all the 15 BNP members and Mr. Sardar Akhter Mengal in the sub-jail were reportedly taken somewhere in police and military jeeps. Families of the victims present at the scene were told by the Lasbella police that all the inmates were transferred to different prisons according to the order of the Ministry of Home Affairs. However, the police did not provide any detailed information about the victims’ detention places to their families. Mr. Sardar Akhter Mengal has been reportedly found at Karachi Central Prision, where he is allegedly receiving ill-treatment. Since then, whereabouts of the other 15 BNP members remain unknown.

The AHRC is seriously concerned that the 15 persons might have been taken to different army torture camps, where hundreds of Balochi activists have allegedly being illegally detained and tortured. We are worrying that they might be subjected to brutal torture or even forced disappearance or killing.

ADDITIONAL INFORMATION:

Enforced disappearance of persons following illegal arrest is a common phenomenon in Pakistan since the military government took power in 1999. The situation has become worse after the September 11 incident in the United States. In the update to its September report on enforced disappearances in Pakistan that was issued on December 8, Amnesty International says that in cooperating with the USA led “War on Terror,” the Pakistan government has committed human rights violations against hundreds of Pakistani and foreign nationals. The report also pointed out that hundreds of people were arbitrary arrested and detained in secret, becoming victims of enforced disappearances and that many of them have been tortured and their families have also been subjected to further harassment and threats. Furthermore, the right to habeas corpus has been systematically undermined; state agents have refused to comply with courts directions or have lied in courts. It is alleged that hundreds of detainees are unlawfully transferred (some times in return of money) to other countries, including the US Naval base in Guantanamo Bay, Bagram Air Base in Afghanistan or other secret detention centers. To see the AI’s report, please go to: http://web.amnesty.org/library/Index/ENGASA330522006

The Pakistan judiciary has not yet shown any courage to produce any disappeared persons although the fact that in some of the disappearance cases the persons are allegedly in the custody of army intelligence agencies was brought to its attention. In July 2005, some students of the Baloch Student Organisation, including its leader Mr. Imdad Baloch, and a writer Mr. Abdul Sattar told the media that they were detained in army camps in different parts of the country and severely tortured before being released. However, the courts never could ask the military intelligence agencies to produce the disappeared persons. The criminal justice system is at the mercy of the military government and the judges are scared that if they go beyond the limitations fixed by the army they will suffer dangerous consequences.

Mr. Salim Baloch’s case can be one example that illustrates negligence of the Judiciary on disappearance cases. He was allegedly abducted once again by secret service personnel on 31 December 2006 within 36 hours after he gave his statement before Sindh High Court about his ordeal of 9 months of torture and illegal detention in military cells in different cities of Pakistan. In his statement made before the Sindh High Court, Mr. Salim Baloch requested the High court to provide protection but the court did not pay any attention to his plea (UA-386-2006). On 20 December 2006, he also gave the name of 13 persons illegally being detained in the military torture cells in Rawal Pindi before the Sindh High Court. However, The Court neither ordered an inquiry about Mr. Salim Baloch’s torture and illegal detention by the army nor took subsequent action to locate the disappeared persons, who are still detained in the military torture cells in Rawal Pindi (UA-413-2006).

The AHRC calls for the international community to urge the Pakistan government to take firm and genuine action to investigate the increasing number of forced disappearances and to bring the perpetrators to justice.

SUGGESTED ACTION: 
Please write to the relevant authorities listed below and demand the speedy production of the disappeared victims. Please also urge them to take all possible measures to find whereabouts of disappeared people after their illegal arrest since 2001.

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

SAMPLE LETTER

Dear __________,

PAKISTAN: Fifteen political activists are missing after their arbitrary arrest and detention

Name of victims: 
1. Mr. Noor Ahmed, 38, son of Sher Mohammad
2. Mr. Abdullah, 37, son of Abdul Karim
3. Mr. Amir Bux, 28, son of Maula Bux
4. Mr. Haji, 36, son of Gul Bahar
5. Mr. Zafar, 33, son of Mohammad Ibrahim
6. Mr. Shahnawaz, 35, son of Mohammad Rahim
7. Mr. Rahim, 48, son of Karim Bux
8. Mr. Bahar Khan, 44, son of Shahbaz Khan
9. Mr. Ahmad, 38, son of Gul Moammad
10. Mr. Ghulam Haider, 38, son of Nabi Ahmed
11. Mr. Haji Jaffer, 41, son of Khushi Mohammad
12. Mr. Bahadur, 46, son of Abdul Aziz
13. Mr. Abdul Khaliq, 42, son of Mohammad Khan
14. Mr. Noor Ahmed, 37, son of Abdul Karim 
15. Mr. Mohammad Hassan, 50
All the victims above are members of Balochistan National Party (BNP)
Date of incident: Arrested around 27 November 2006; missing since 25 December 2006

I am writing to bring to your urgent attention ongoing cases of alleged forced disappearances in Pakistan.

According to the information I have received, 15 political activists of the Balochistan National Party (BNP), listed above, along with the chief of the BNP, Mr. Sardar Ahter Mengal, were arbitrarily arrested under pretext of the Public Order Ordinance around 27 November 2006, for their involvement in the protest against the President of Pakistan’s visit to the Balochistan province. All arrested persons were then detained at the residence of Mr. Sardar Akhter Mengal at District Lasbella of Balochistan, which was transformed into a sub-jail by orders of the provincial government, rather than a proper jail.

I am informed that although they were never produced before a court, from there, reportedly on the orders of the home ministry of the Balochistan government, the inmates of this sub-jail were scattered to different prisons of the province on 25 December 2006. Mr. Sardar Akhter Mengal was later found to have been relocated to the Karachi Prison in the Sindh province, but the whereabouts of the 15 activists have been since unknown. I am very concerned that their arbitrary and prolong detention have been made without any judicial review about the justifiability of their arrest and detention.

I am also sincerely concerned that these activists may have been taken to one of the several military torture camps where they might be subjected to brutal torture or even killings since their removal from the sub-jail.

I therefore strongly urge you to take rapid action to investigate the disappearances of the 15 persons above, to locate their whereabouts, and finally, to produce them in court as soon as possible. If there is no concrete evidence to prove their involvement in any crimes, they should be released immediately and their security continually protected.

I also urge you together with other government officers to take firm and genuine steps to investigate all the disappearance cases that have taken place since 2001 and to locate the whereabouts of the victims. Given the vast number of forced disappearances in the country, I urge the Government of Pakistan to take immediate measures to ratify the new International Convention for the Protection of All Persons from Enforced Disappearance.

Although a member of the UN Human Rights Council, the Pakistan government has yet to ratify such major covenants as the International Covenant on Civil and Political Rights (ICCPR) and the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (CAT). The Government of Pakistan should ratify the ICCPR and CAT without further delay to protect the fundamental rights of its citizens and prevent widespread abuses committed by the law enforcement officers in the country. Otherwise, the Government will face the international community’s protest against its membership to the UN Human Rights Council.

Yours sincerely,

___________

PLEASE SEND YOUR LETTERS 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. Aftab Ahmed Khan Sherpao
Federal Minister of Interior
Room#404, 4th Floor, R Block,
Pak Secretariat 
Islamabad (Pakistan)
Tel: +92 51 9212026
Fax: +92 51 9202624
E-mail: minister@interior.gov.pk

4. Dr. Faqir Hussain
Registrar 
Supreme Court of Pakistan
Supreme Court Building 
Islamabad
PAKISTAN
Tel: +92-51-9213770
E-mail: registrar@supremecourt.gov.pk

5. Mr. Mohamag Ali Durrani
Federal Minister for Information and Broadcasting
Government of Pakistan
Islamabad
PAKISTAN
Email: infominister@infopak.gov.pk

6. Mr.Tariq Azeem 
Minister of State for Information and Broadcasting 
Government of Pakistan 
Islamabad 
PAKISTAN 
Email: mos@infopak.gov.pk

7. Ms Leila Zerrougui
Chairperson
Working Group on arbitrary detention
Attn: Mr Miguel de la Lama
OHCHR-UNOG
1211 Geneva 10
SWITZERLAND
Fax: +41 22 917 9006 (ATTENTION: WORKING GROUP ARBITRARY DETENTION)

8. Ms. Hina Jilani
Special Representative of the Secretary General for human rights defenders
Att: Melinda Ching Simon 
Room 1-040
C/o OHCHR-UNOG
1211 Geneva 10
SWITZERLAND
Tel: +41 22 917 93 88
Fax: +41 22 917 9006 (ATTN: SPECIAL REPRESENTATIVE HUMAN RIGHTS DEFENDERS)

Thank you.

Urgent Appeals Programme
Asian Human Rights Commission (ahrchk@ahrchk.org)

Document Type : Urgent Appeal Update
Document ID : UP-014-2007
Countries : Pakistan,
Issues : Enforced disappearances and abductions,