Dear friends,
The Asian Human Rights Commission (AHRC) has received updated information on the case of a 15-year-old girl who was gang-raped by more than a dozen attackers from Town Layyah in Punjab province beginning on 30 January 2007 (For details, please see: UA-081-2007). According to the latest information we have received, the victim has been continuously threatened by police officers and politicians to withdraw her complaints and persons who assist her to file the cases were allegedly attacked by the relatives of the perpetrators. Although the court had ordered inquiries into the case twice, the police was insincere about the investigation and they merely claimed the alleged perpetrators were innocent, even before collecting statements from the victim and witnesses. Such failure of the police investigation is because the investigation of the case is in the hand of the local police. We call for your urgent intervention into this case. Please urge the Pakistan authorities to immediately provide protection to the victim and transfer the case to the independent investigating agency.
UPDATED INFORMATION:
Politicians Threatens Victim to Drop the Case
The incident of gang rape occurred on 30 January 2007, the victim Asma Shah had immediately tried to file a case in the Layyah police station but the case was rejected. She later filed a petition to the Session Court Layyah for the registration of First Information Report (FIR), which is a prerequisite for filing criminal case of rape. However, leaders of Muslim League, the ruling party in Pakistan, including Malik Niaz Ahmed Jhakar (member of National Assembly), Ajaz Ahmed Achlana (member of provincial assembly of Punjab province) and Malik Iftekhar Ahmed Jhakar (mayor of Layyah city), have allegedly continuously threatened her to withdraw all applications in courts, otherwise she would be killed in a road accident.
On April 10, 2007, Mr. Malik Yaseen, Nazim of Union Council 36, Layyah, who was helping victim in filing the case, was attacked along with his friends. The alleged perpetrators are 12 people who are relatives of the perpetrators. He was severely injured and the attack was registered under FIR 60/2007, but no one is arrested so far.
Police Exonerates Perpetrators before Proper Investigations
On 7 April, the Session Judge Layyah ordered an inquiry to look into the alleged rape case. The Layyah police, led by Deputy Superintendent of Police (DSP) Mustafa Pahur, held the inquiry on 17 April and concluded that the five accused persons were innocent and no rape had happened. This finding contradicts with the medical report. The police again refused to register the FIR.
On 17 April 2007, the victim challenged the police finding in Punjab High Court, Multan Bench. The Punjab High Court ordered District Police Officer (DPO) Layyah Ramzan Baig to register the FIR. The DPO apologized for the negligence of the police and promised to receive FIR and would conduct a further inquiry into this matter. The FIR was registered on April 18, but no one was arrested.
On April 26, police again conducted the inquiry and DSP Mustafa Pahur, who had refused to register the case in the first inquiry, was again made inquiry officer. By appointing the same officer to handle the case, the police completely defeated the aim of the second inquiry which is to look into faults of the first one. The sincerity of the police in handling the case is questionable. During the second inquiry, hundreds of people presented to have their statements recorded for the victim, but it is reported that no statement was taken, even the one from the victim.
Malik Niaz Ahmed Jhakkar, member National Assembly and Iftekhar Ahmed Jhakkar, mayor of Layyah were also present in the inquiry. They were allegedly protecting the perpetrators and trying to persuade the police not to register the FIR. Again, the inquiry committee declared that accused persons were innocent therefore no case would be registered against them. On May 3, 2007 victim filed another application in the District and Session court, Multan, to shift the case from Layyah police station as the investigation officers are protecting perpetrators on the influence of government political parties and their members of assemblies. The case is still pending.
BACKGROUND INFORMATION:
On 30 January 2007, 15 year-old Asma Shah from Town Layyah in Punjab province, was allegedly kidnapped by five alleged perpetrators, Sajjad Hussain, Mohammad Ashraf, Munna Qasai, Muneer Gujjar and Nasir Hussain Shah. They are members from the Imambargah Pur Sultan, a religious place of the Shia sect of Islam, they are very powerful in the local area. The victim had allegedly been raped over a four-day period by several influential people, including some politicians. After she was released, her family immediately went to the Kot Sultan Police station in Layyah District, Punjab province to lodge a complaint. However the police refused to register the case. It was reported that several politicians including Malik Niaz Ahmed Jhakar (the member of National Assembly), Ajaz Ahmed Achlana (the member of provincial assembly of Punjab province) and Malik Iftekhar Ahmed Jhakar (Chief of Town council, Layyah), each called the victim’s family and forced them to drop the case.
A medical check-up was later conducted at District Head Quarter Hospital at Layyah district on March 9, it was found that the victim was severely raped by at least more than one person. However, the police still refused to register the case. (For more information, please refer to: (UA-081-2007)
SUGGESTED ACTION:
Please write to the following authorities and urge the case to be transferred to an independent investigation bodies, so that impartial investigation can be guaranteed. Witness protection should also be given to protect the victim, her families and others involved in the case. For your information, the AHRC has already written to Ms. Yakin Erturk, the U.N. Special Rapporteur on Violence against Women, for her urgent intervention into this case.
To support this case, please click here: SEND APPEAL LETTER
SAMPLE LETTER
Dear ________,
PAKISTAN: No witness protection to gang-rape victim facing dire threats; police exonerates perpetrators before investigation
Name of the victim: a 15-year-old girl, Asma Shah, a daughter of Mr. Nawaz Shah, resident of Bait Wasawa Kalroo Wala Town Layyah, District Layyah, Punjab province
Names of the alleged abductors:
1. Sajjad Hussain s/o Khuda Bux,
2. Mohammad Ashraf s/o Ghulam Hussain,
3. Munna Qasai s/o Abdul Ghafoor Lal,
4. Muneer Gujjar s/o unknown,
5. Nasir Hussain Shah s/o Sher Hussain,
Date of the alleged rape: 30 January 2007
Names of politicians who threatened the victim:
1. Malik Niaz Ahmed Jhakar, Member National Assembly of Pakistan
2. Ajaz Ahmed Achlana, Member of Punjab Assembly,
3. Malik Iftekhar Ahmad Jhakar, Nazim of Layyah town council
I am writing to voice my deep concern regarding the dire threats faced by Asma Shah, a 15-year-old girl who was gang raped by more than a dozen attackers from Town Layyah in Punjab province beginning on 30 January 2007. She has been continuously threatened by police officers and politicians to withdraw her complaints. Persons who assist her to file the cases were allegedly attacked and injured by 12 people who are relatives of the perpetrators. I am also very disappointed about the conduct of the police in handling the case. The court had ordered inquiries into the case twice, however, the police was insincere and merely claimed the alleged perpetrators were innocent, even before collecting statements from the victim and witnesses.
According to the information I received, the gang rape occurred on 30 January 2007, the victim Asma Shah had immediately tried to file a case in the Layyah police station but the case was rejected. She later filed a petition to the Session Court Layyah for the registration of First Information Report (FIR), which is a prerequisite for filing criminal case of rape. However, leaders of Muslim League, the ruling party in Pakistan, including Malik Niaz Ahmed Jhakar (member of National Assembly), Ajaz Ahmed Achlana (member of provincial assembly of Punjab province) and Malik Iftekhar Ahmed Jhakar (mayor of Layyah city), have allegedly continuously threatened her to withdraw all applications in courts, otherwise she would be killed in a road accident.
On 10 April 2007, Mr. Malik Yaseen, Nazim of Union Council 36, Layyah, who was helping victim in filing the case, was attacked along with his friends. The alleged perpetrators are 12 people who are relatives of the perpetrators. He was severely injured and the attack was registered under FIR 60/2007, but no one is arrested so far.
On the other hand, I learned that the investigation of the case is subverted because of the insincerity of the police. On 7 April, the Session Judge Layyah ordered an inquiry to look into the alleged rape case. The Layyah police, led by Deputy Superintendent of Police (DSP) Mustafa Pahur, held the inquiry on 17 April and concluded that the five accused persons were innocent and no rape had happened. This finding contradicts with the medical report. The police again refused to register the FIR. On 17 April 2007, the victim challenged the police finding in Punjab High Court, Multan Bench. The Punjab High Court ordered District Police Officer (DPO) Layyah Ramzan Baig to register the FIR. The DPO apologized for the negligence of the police and promised to receive FIR and would conduct a further inquiry into this matter. The FIR was registered on April 18, but no one was arrested.
On April 26, police again conducted the inquiry and DSP Mustafa Pahur, who had refused to register the case in the first inquiry, was again made inquiry officer. By appointing the same officer to handle the case, the police completely defeated the aim of the second inquiry which is to look into faults of the first one. The sincerity of the police in handling the case is questionable. During the second inquiry, hundreds of people presented to have their statements recorded for the victim, but it is reported that no statement was taken, even the one from the victim. Malik Niaz Ahmed Jhakkar, member National Assembly and Iftekhar Ahmed Jhakkar, mayor of Layyah were also present in the inquiry. They were allegedly protecting the perpetrators and trying to persuade the police not to register the FIR. Again, the inquiry committee declared that accused persons were innocent therefore no case would be registered against them. On May 3, 2007 victim filed another application in the District and Session court, Multan, to shift the case from Layyah police station as the investigation officers are protecting perpetrators on the influence of government political parties and their members of assemblies. The case is still pending.
I am very shocked that no protection is offered to the victim after what she had suffered and the dire threats she is facing daily. I therefore urge you to provide immediate and effective protection to the victim and relevant witnesses, so as to ensure their safety and a proper investigation of the case.
Given the Layyah police (local police) had failed twice to conduct a satisfactory investigation on the case, I urge the case to be transferred to another independent investigation body, which is not influenced by those who are connected to the perpetrators, so an impartial investigation can be carried out to render justice to the victim. Adequate compensation should be provided to the victims as well.
For your information, I was informed that the Asian Human Rights Commission (AHRC) based on Hong Kong has already written to Ms. Yakin Erturk, the U.N. Special Rapporteur on Violence against Women, for her urgent intervention into this case.
I look forward to your urgent intervention in this case.
Yours sincerely,
—————-
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. Mohamad Ali Durrani
Federal Minister for Information and Broadcasting
Government of Pakistan
Islamabad
PAKISTAN
Email: infominister@infopak.gov.pk
4. Mr.Tariq Azeem
Minister of State for Information and Boradcasting
Government of Pakistan
Islamabad
PAKISTAN
Email: mos@infopak.gov.pk
5. Dr. Faqir Hussan
Registrar
Supreme Court of Pakistan
Constitution Avenue
Islamabad
PAKISTAN
Tel: + 92-51-9213770
E-mail: registrar@supremecourt.gov.pk
6. Additional Registrar
Supreme Court of Pakistan
Constitution Avenue
Islamabad
PAKISTAN
Tel: + 92-51-9205478 / 9209496
Fax: + 92-51-9220406
E-mail: additionalregistrar@supremecourt.gov.pk
7. Choudhry Pervez Ihhahi
Chief Minister of Punjab
Chief Minister House
Lahore
PAKISTAN
8. Secretary of Law and Parliamentary Government of Punjab
Punjab Secretariat
Ravi Road
Lahore
PAKISTAN
E-mail: law@punjab.gov.pk
9. Lt. General Khalid Maqbool
Governor of Punjab
Governor House
Mall Road, Lahore
PAKISTAN
Fax: +92 42 9200023
E-mail: governor.sectt@punjab.gov.pk
10. Chief Secretary of Government of Punjab
Punjab Secretariat
Lahore
PAKISTAN
Fax: +92 42 7324489
E-mail: chiefsecy@punjab.gov.pk
11. Mr. Khusro Pervez Khan
Home secretary
Punjab Secretariat
Lahore
PAKISTAN
E-mail: home@punjab.gov.pk
Thank you.
Urgent Appeals Programme
Asian Human Rights Commission (ua@ahrchk.org)
