UPDATE (Pakistan): Alleged second Jirga and political interference in case pending against murders of two girls

[RE: FA-12-2004: PAKISTAN: Girls killed for visiting grandparents without permission in another ‘honour killing’ on 11 May 2004; UP-23-2004: PAKISTAN: Three of the nine perpetrators were arrested but the police officer pressured politically on 27 May 2004; UP-46-2004: PAKISTAN: Jirgas and feudal lords continue undermining rule of law in Pakistan on 17 August 2004]

Dear friends,

It has come to the attention of the Asian Human Rights Commission (AHRC) that while the murder case of two teenage girls, Aabida and Tahmeena for visiting their grandparents without permission has been pending for three months in the court, Mr. Ghous Bukhsh Khan Mahar is alleged to have headed a second Jirga to settle the case outside of the courts by way of a compensation payment to the families of the victims   (Refer to FA-12-2004, UP-23-2004 and UP-46-2004). In our previous Urgent Appeal regarding this case, the AHRC reported that two members of the national assembly, Dr Muhammad Ibrahim Jatoi, and Mr Ghous Bukhsh Khan Mahar, were allegedly behind the transfer of the police officer actively pursuing the case. 

Even though three of the nine perpetrators were arrested and brought to court, the others, including the main accused, Abdul Rasheed, remain at large. Meantime, a petition has been lodged in the High Court to transfer the case out of the Anti-Terrorism Court in order that the accused may escape criminal responsibility by paying compensation. 

The AHRC is also deeply concerned by the steps undertaken by the government of Sindh in order to legalize the Jirga system by introducing an ordinance entitled the Sindh Amicable Settlement of Dispute Ordinance 2004. 

Concerning this serious matter, AHRC’s executive director sent a letter to the President of Pakistan on 3 November 2004, urging him to take action to expedite the case against the nine accused, and investigate allegations that a cabinet minister has been behind steps to undermine the outcome. We reproduce the letter below. 

The AHRC again calls for your strong support in this case.    

Urgent Appeals Desk
Asian Human Rights Commission (AHRC)
——————————————————–

 [A letter from the executive director of the AHRC, Mr. Basil Fernando, to the President of Pakistan] 

3 November 2004

General Pervez Musharraf
President
Office of the President
Pakistan Secretariat
Islamabad
PAKISTAN

Fax:      +92 51 922 4768/ 920 1893 or 1835
Pages: 2

Dear General Musharraf,

Re: Inaction and political interference in case pending against murderers of two girls (PS New Foujidari Case No. 65/2004)

We write to you further to our most recent letter of August 18, with reference to the murder of two girls, Abida and Tahmeena Bhutto, in Sindh Province last May under the orders of a Jirga headed by Mr Abdul Rasheed Bhutto (PS New Foujidari Case No. 65/2004. The case has been lodged in the Sessions Court Shikarpur under PPC sections 302, 201, 147, 148, 149/506/2 and in the Anti-Terrorist Court Sukkur under ATA section 6/7.

Although the case is pending before these two courts, the last hearing known to us, before the Anti-Terrorist Court, was on July 20, at which time the court was still establishing procedure for the case and had not yet begun hearing evidence. Meanwhile, nine of the six respondents, including the first accused, are reported to be still at large, while a petition has been lodged in the High Court to transfer the case out of the Anti-Terrorism Court in order that the accused may escape criminal responsibility by paying compensation. 

In our last letter to you, we expressed deep concern over negative developments in the case seriously inhibiting the possibility of the victims obtaining justice. To recap, our main concerns pertain to alleged political interference in the case by influential persons acting to protect the first accused. According to the information we have received, two members of the National Assembly, namely Dr Muhammad Ibrahim Jatoi, and your Minister for Narcotics Control, Mr Ghous Bukhsh Khan Mahar, were behind the transfer of the police officer actively pursuing the case, one DPO (Investigation) Fida Hussain Mastoi, on August 12. It can only be concluded from this unfortunate turn of events that police officers in Pakistan seen to be doing their jobs properly when the accused are persons with political connections are ‘reewarded’ by being replaced with less interested and perhaps less competent personnel. 

More seriously, Mr Ghous Bukhsh Khan Mahar is alleged to have headed a second Jirga to settle the case outside of the courts by way of a compensation payment to the families of the victims, also complainants in the case, at 600,000 rupees per victim. We again note to you that although the High Court of Sindh outlawed Jirgas in April 2004, it appears that the practice continues unabated even among the highest circles of your own government. This is particularly ironic in light of the recent National Assembly decision to increase penalties for honour killings, although we note with concern that the new provisions do not prohibit the practice of compensation payments for killings under the Ordinance of Qisas and Dayat. We also condemn as a matter of principle the death sentence for any crime. 

Furthermore, we are deeply concerned by steps undertaken by the state government of Sindh to undermine the judicial decision mentioned above by introducing an ordinance entitled the Sindh Amicable Settlement of Dispute Ordinance 2004. This ordinance will have the effect of legalising the Jirga system retrospectively from the date of the court’s decision. This is a deeply regressive step that serves only to further undermine the rule of law in Pakistan. 

Accordingly, we again urge you to take particular interest in this case in order to ensure that all of the accused men are arrested, brought to trial, and judged and sentence in accordance with the law. In particular, we request that you see the case expedited in order that the alleged perpetrators not enjoy the luxury of further time to intimidate the complainants and witnesses and distort the evidence in order to escape the consequences of their crime. We also urge you to take the necessary steps to ensure that the families of the accused are properly protected from intimidation and threats. Furthermore, we recommend that you undertake to investigate allegations that Dr Muhammad Ibrahim Jatoi, and Mr Ghous Bukhsh Khan Mahar were responsible for influencing the outcome of the case by way of having the chief investigating officer transferred and holding a second Jirga to settle the matter out of court. Finally, we urge you to take steps to override any attempts by the state authorities in Sindh to reverse the decision of the High Court there prohibiting the use of Jirgas to validate the practice of ‘honour killings’ through its proposed ordinance for the payment of compensation to victims’ families. 

Please be informed that we are taking a strong interest in this case, the outcome of which can be sure to have an effect on the international reputation of Pakistan, for better or worse depending upon the decisions that you and other persons in positions of responsibility choose to take.  

Yours sincerely

(signed)

Basil Fernando
Executive Director

SUGGESTED ACTION:
Please send a letter to the addresses below and urge them to expedite the case against nine accused, and investigate allegations of political influence on this case. 

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