Dear friends,
The Asian Human Rights Commission (AHRC) has received updated information regarding the murder of two teenage girls in Pakistan, Aabida and Tahmeena for visiting their grandparents without permission. (Refer to
FA-12-2004 and
UP-23-2004.) The victims families have been given about Rs. 20 0000 and ten acres of cultivation land as compensation, and are being pressured to withdraw the case. This pressure together with the transfer of the District Police Officer (DPO) in charge of the investigation of this case on 12 August 2004 does not bode well for the obtainment of justice for the victims families.
Pakistans jirga system continues to lead the country in feudal practices that are contrary to legal and human rights principles, and prevents their effective implementation. The Government of Pakistan must take strong steps to implement the April 2004 decision of the Sindh High Court banning all jirga trials as illegal and exhorting law enforcement agencies to take effective action against such jirgas. Those agencies and individuals who are working towards this must be resolutely supported and interference in their work prevented. Without these measures progress cannot be made in improving Pakistans justice mechanisms and human rights situation. Your urgent intervention in this regard is needed.
Urgent Appeals Desk
Asian Human Rights Commission
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UPDATED INFORMATION:
The families of Aabida and Tahmeena, who were killed on the pretext of honour killing for visiting their grandparents without permission, have been given about Rs. 20 0000 and ten acres of cultivation land as compensation, and are continually being pressured to withdraw the case and to seek reconciliation by the perpetrators. At the same time, it has been alleged that Mr.Ghous Bux Mahar, a national assembly member (MNA) from Shikarpur, present Cabinet Minister and a landlord of the Mahar tribe, has been instrumental in getting District Police Officer Mr. Fida Hussain Mastoi transferred as has another MNA from Shikarpur, Dr. Muhammad Ibrahim Jatoi. Mastoi was given notice of his transfer on 12 August 2004.
Mr. Ghous Bux Mahar has also been supporting the primary accused, Abdul Rasheed Bhutto from the beginning of the case, and headed the jirga that established the murder of the two girls as honour killings. It is essential to note here that the jirga in this case was called after Abdul Rasheed Bhutto and his eight accomplices killed the two girls. At the jirga meeting, the murder of the two girls was labeled as honour killings through an agreement among all the perpetrators, six of whom have yet to be arrested by the police: Abdul Rasheed, Younis, Jamaluddin, Hajji Abdul Karim, Ghulam Sarwar and Sanaullah.
An FIR was lodged regarding this case on 4 May 2004, the day after the two girls were killed. It was registered under sections 302, 201, 147, 148, 149 and 506.2 of the Pakistan Penal Code. All these sections are bailable. (Later, the case was registered at the Anti-Terrorist Court). Only three of the nine accused were arrested on May 7 and are currently still being detained without securing bail: Hajji Nazeer, Hajji Shafi Mohammad and Sulaiman.
As the case was challenged in the District Sessions Court of Shikarpur and as there was more attention given to the case by the press and human rights groups, DPO Mastoi constructed a Special Investigation Cell consisting of five police officers, strictly directed at recovering the dead bodies of the victims and arresting the perpetrators.
The police found out that the bodies were buried in the fishpond of Abdul Rasheed Bhutto and after obtaining permission for the exhumation and post-mortem inquiry of the bodies, on May 14 the bodies were exhumed from the identified location in the presence of the Fourth Civil Judge, Shikarpur, DPO, and female doctor Naila Khoso. The bodies were handed over to the victims relatives after the autopsy.
Up to now, the witnesses and the complainant have recorded their statements before the Judicial Magistrate and before the Anti-Terrorism Court judge. The case is still on formal trial at the Anti-Terrorist Court of Sukkur; it has not reached the phase of evidence. The last hearing was on 20 July 2004, but it could not be proceeded with and was shifted to a new date, as of yet not known.
AHRC has been informed that the victims families have been given about Rs. 20 0000 and ten acres of cultivation land as compensation, and are continually being pressured to withdraw the case and to seek reconciliation. This pressure and the transfer of the DPO on August 12 does not bode well for the obtainment of justice for the victims families.
The practice of honour killings is an atrocious form of violence against women that is committed almost daily within the country. While the jirgas allow and support this practice, it has been almost impossible to take effective legal action against the perpetrators. This particular case of the killings of the two girls is one of the few instances where a case has been filed in court, partly due to the perseverance of law enforcement officials.
The Government of Pakistan must take strong steps to implement the April 2004 decision of the Sindh High Court banning all jirga trials as illegal and exhorting law enforcement agencies to take effective action against such jirgas. Those agencies and individuals who are working towards this must be resolutely supported and interference in their work prevented. Without these measures progress cannot be made in improving Pakistans justice mechanisms and human rights situation.
SUGGESTED ACTION
Please send a letter, fax or email to the following authorities expressing your grave concern of this case.
1. General Pervez Musharraf
President
Pervez Musharraf, Pakistan Secretariat
Islamabad
PAKISTAN
Fax: +92 51 922 4768/ 920 1893 or 1835
E-mail:
CE@pak.gov.pk
2. Hon. Mr. Ishrat-ul-Ibad Khan
Governor of Sindh Province
Governor House
Karachi
PAKISTAN
Telephone: +92 21 9201201-3
E-mail: governor@governorsindh.gov.pk
3. Mr. Sayed Kamal Shah
Provincial Police Officer, Sindh Police
Central Police Office
Karachi
PAKISTAN
Telephone: +92 21 9212626-7
Fax: +92 21 9212051
4. Mr. Rahoo Khan Brohi
Regional Police Officer
Sukkur Region
Airport Road, Sukkur
PAKISTAN
Tel: +92 71 30547, 30248
Fax: +92 71 31824
5. Syed Sultan Shah
Joint Secretary for Law, Justice and Human Rights
Islamabad
PAKISTAN
Tel: +92 51 920 3464
Fax: +92 51 9203119
6. Ms. Yakin Erturk
Special Rapporteur on Violence against Women
OHCHR-UNOG
Palais Wilson, 8-14 Avenue de la Paix
1211 Geneva 10
SWITZERLAND
Fax: +41 22 917 9022
To support this case, please click here: SEND APPEAL LETTER
SAMPLE LETTER
Dear
RE: Jirgas and feudal lords continue undermining rule of law in Pakistan
I am gravely concerned by the continued role played by jirgas in Pakistan in undermining the rule of law and encouraging human rights violations. In the case of the two teenage victims of honour killings in Sindh Province, Aabida and Tahmeena, the victims families have been given about Rs. 20 0000 and ten acres of cultivation land as compensation, and are continually being pressured to withdraw the case and to seek reconciliation by the perpetrators. Only three of the perpetrators have so far been arrested: Hajji Nazeer, Hajji Shafi Mohammad and Sulaiman, while six others remain at large: Abdul Rasheed, Younis, Jamaluddin, Hajji Abdul Karim, Ghulam Sarwar and Sanaullah.
After the murder of the two girls for visiting their grandparents without permission, a jirga was convened in which the murders were labeled as honour killings. The jirga was headed by Cabinet Minister and member of the National Assembly Mr. Ghoush Bux Mahar, who is also allegedly responsible for the transfer of District Police Officer Mr. Fida Hussain Mastoi, who was dealing with this case.
Although the High Court of Sindh rendered a landmark decision in April 2004 banning jirgas as illegal, little has been done to implement this decision. In the case of Aabida and Tahmeena, when law enforcement officials have been working to prosecute the perpetrators by filing a case against them both in the District court as well as the Anti Terrorist Court, which expedites the process, their work is undermined by political forces responsible for the perpetuation of human rights violations such as honour killings.
It is high time that the Government of Pakistan considers its international obligations and commitment to human rights and take the necessary steps to protect its citizens. I urge you to ensure that a fair and independent trial takes place and that the perpetrators are punished accordingly. I also urge you to offer protection to the witnesses.
Yours sincerely,
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Thank you
Urgent Appeals Programme
Asian Human Rights Commission
