PAKISTAN: Perpetrators of murder enjoy impunity

ASIAN HUMAN RIGHTS COMMISSION - URGENT APPEALS PROGRAMME

Urgent Appeal Case: AHRC-UAC-147-2008
ISSUES: Impunity, Judicial system, Police negligence, Police violence, Rule of law, Threats and intimidation,

Dear friends,

The Asian Human Rights Commission (AHRC) has received information that a peasant was murdered, one was abducted and several more were injured in an attack by a powerful group. After the passing of almost three months no one has yet been arrested. A session court has rejected the application for anticipatory bail before the arrest of the accused persons but even then the police have not bothered to arrest anyone. The peasants have protested by blocking the roads and demanding that the police take action. However, the leader of the attackers is trying to turn the incident into a Muslim and Christian clash. Meanwhile, the victims and their families are suffering continuous harassment.

CASE DETAILS:

On April 10, 2008, some peasants of the Military farms at village 10/4-L, Okara, Punjab province, were discussing various issues in relation to the new contract system introduced by the former military government. At 11.30 pm more than 100 persons came in different vehicles including tractors, trolleys, cars and motor cycles and attacked the peasants with fire arms. The attackers tried to abduct one activist Mr. Irshad Nanna alias Kangan but the people were able to rescue him. Seeing that their attack was failing the attackers fired several shots both randomly and with intent. As a result Mr. Javed Masih was killed by gunshots to his head, eyes and chest. Mr. Irshad was also severely injured after being struck by seven bullets but was saved.

The attack was conducted by Mr. Abdul Sattar Mehar, former general secretary of Anjuman Muzzareen Punjab (AMP), who was dislodged from the office in 2005 for misusing his position and provoking the animosity between the Christians and Muslims. He then created his own group and took part in the elections of the Union Council in 2005, during which two persons were killed by the members of his group and Abdul, himself, was booked in the murder case of one Mr. Afzal. However, after winning the elections of Nazim (chairman) of the Union Council No. 10 Okara town, he manipulated the local police and administration in his favour and was not arrested. On the occasion of February 2008 Mr. Abdul contested elections for the provincial assembly as the independent candidate but lost the elections. He blamed his defeat on the Christians as they have not voted him and in his several speeches he openly stated he would take revenge for his defeat. He also accused Mr. Irshad Kangan of instigating the Christians not to vote for him.

The cantonment police station, Okara, recorded the First Information Report (FIR) on April 11, 2008, bearing number 70/2008 under sections; 302,324, 364, 452, 148, 149 of the Pakistan Penal Code but since then police have arrested anyone despite the fact that 19 persons were named in the FIR. Among the 19 persons named five were booked on the charge of murder and attempted murder while the remaining were booked on charges of abduction, attempted abduction, attack with fire arms, injuring several persons and breaking law and order. Some of the perpetrators including the first accused, Mr. Abdul received anticipatory bail and other persons are roaming freely and threatening the peasants not to become witnesses in the incident. On June 21, the Additional and Session Judge Okara, Mr. Malik Mubeen, rejected the bail before arrests but the police have still not made any effort to arrest them even when the accused persons were present outside the court. In the latest development, the provincial law minister of Punjab, Mr. Ashraf Khan Sona visited the military farms of Okara and tried to reach an agreement between the victims and accused persons but Abdul’s group refused to settle the dispute. The minister’s visit came after continuous demonstrations by the peasants of the farms who are blocking the roads in protest of the murder and the lack of action by the authorities.

ADDITIONAL INFORMATION:

The Anjuman Muzareen Punjab (AMP) is a movement of 1 million landless tenants based in villages stretching over 10 districts of the Punjab (the districts of Okara, Khanewal, Multan, Lahore, Vihari, Sahiwal, Faisalabad, Sargodha, Pakpattan and Sheikhupura and so on). In these districts of Punjab landless tenants settled this uncultivated land with their hard labour and they have tilled the soil for over a century. The official documents state that the land belongs to the Government of Punjab. However, on these lands companies and military agencies such as the RVFC, Military Seed Corporation, Livestock Agricultural Department, and Dairy Farm, Seed Research Farm and so on are operating. These companies have been collecting revenue from the peasants both in kind and in money terms. According to the Board of Revenue, Government of Punjab the payments from the tenants to these Departments and companies are unlawful since these organizations have no legal claim over ownership or revenue generated from this land. In July 2000 a new piece-rate and a yearly lease agreement was introduced in these farms. This new system and agreement represented a severe loss in the social and economic position of tenant farmers. In fact, it was widely felt that this new system and agreement was deliberately harsh in order to impoverish the tenants thereby forcing them to abandon their lands. It is widely believed that this new system and agreement was designed to evict these tenants from their lands.

Given this situation the tenants of the area mobilized under the slogan “Maliki Ya Maut” (“Ownership or Death”) and rejected the new system of piece-rate and yearly agreements. The movement was organized under the leadership of the Anjuman Muzareen Punjab (AMP). The movement grew rapidly to encompass hundreds of thousands of tenants all over Punjab. During this period the movement attempted to negotiate with the district and provincial administrations, the farm management, the Revenue Board, and even the governor of Punjab. However, the authorities were unwilling to negotiate and began a campaign of intimidation, coercion and cruelty towards the movement. On several occasions unprovoked violence erupted when the authorities sent armed police and paramilitary Rangers forces to terrorize the tenant farmers. Consequently 11 tenants lost their lives, hundreds including women and children sustained terrible injuries and hardships. Hundreds were arrested and sent to jail. Until now, 4 tenants are still in Central Jail Sahiwal and behind prison but they stay defiant in the call for “Ownership or Death”. The government has also applied severe economic pressure by dismissing over 350 government employees because they were relatives of these tenants. Telephones, electricity and canal water were stopped by the Administration and Rangers for an eight month period. Relatives and children of the tenants were badly beaten by Rangers and Police. 45 tenants (men, women and children) died due to the lack of medical treatment during the siege of these villages by the Rangers and the Police.

SUGGESTED ACTION:
Please write a letter to the government and authorities about the latest situation in the Okara military farms where the innocent people are attacked, killed and abducted by powerful persons who want to divide the peaceful movement of peasants and create an atmosphere of religious intolerance. Please also demand that the persons involved in attack and killing should be arrested without fail and compensation should also be paid to the victims.

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

SAMPLE LETTER

Dear _______,

PAKISTAN: Perpetrators of murder enjoy impunity

Names of victims:
1. Mr. Javed Masih son of Harmon Masih, a resident of Chak number 10/4L, under the jurisdiction of Cantonment Police Station, Okara, Punjab province, PAKISTAN
2. Mr. Irshad Nanna alias Kangan, son of Chaman Masih, a resident of Chak No. 10, 4/L, Okara, Punjab province, PAKISTAN
3. Mr. Ghani, son of Munshi Maseeh
4. Mr. Iftekhar, son of Jagga Maseeh
5. Dawid Rehulat, son of Rehmat Maseeh, a resident of Chak No. 10/4-I, Okara Punjab province, PAKISTAN
Names of alleged perpetrators:
1. Maher Abdul Sattar, son of Manzoor Caste Arain, a resident of Chak No. 4/4-L, 2 
2. Abdul Jabbar, son of Manzoor Caste Arain, a resident of Chak No. 4/4-L, 3
3. Altaf Hussain, son of unknown Caste Arain, a resident of Chak No. 15/4-L 
4. Chaman, Chak No. 45/3-R
5. Noor Nabi, son of Muhammad Siddiq Caste Arain r/o Chak No. 4/4-L
6. Khadim Hussain, Chak No. 45/3-T 
7. Abdul Ghafoor, son of Abdul Rashid Caste Arain, a resident of Chak No. 3/4-L
8. Yasin, son of Saeed, a resident of Chak No. 10/4-L
9. Hamid, son of Khushi Muhammad, a resident of Chak No. 10/4-L
10. Khalid, son of Khushi Muhammad, a resident of Chak No. 10/4-L 
11. Muhammad Hussain, son of Falak Sher, a resident of Chak No. 9/4-L 
12. Javed, son of Bashir resident of Chak No. 9/4-L 
13. Zualifqar, a resident of Chak No. 3/4-L 
14. Master Sharif, son of Hassan, a resident of Chank No. 10/4-L 
15. Abdul Khaliq, son of Abdul Hameed, a resident of Chak No. 10/4-L 
16. Bashir, son of Munshi Qureshi, a resident of Chank No. 10/4-L 
17. Nadeem, son of Abdul Ghafoor Caste Komar, a resident of Chak No. 3/ 4-L 
18. Muhammad, son ot Nizam, Din Caste Arain, a resident of Kabeerwala presently r/o Chak No. 9/4-I
19. Atta Muhammad, son of Nizam, Din Caste Arain, a resident of Kabeerwala presently r/o Chak No. 9/4-I

I am writing to express my concerns regarding the murder of a peasant and attacks on peasants in the military farms of Okara, Punjab. The incident took place on April 10, 2008.  Police have yet arrested any of the accused mentioned in the First Information Report (FIR) of Cantonment Police Station of Okara. Instead, police and local administration including provincial minister of law have shown their inability to nab the culprits. There is gross resentment among the peasants and they are resorting to blocking the main high ways in their protests.

According to the information we received from Anjuman Muzareen Punjab (AMP; Punjab Peasant Union), on April 10 2008 some peasants of the Military farms were discussing their issues in relation with the new contract system introduced by the former military government. At 11.30 pm they were attacked by about 100 unknown persons with fire arms.

The attackers attempted to abduct a peasant activist Mr. Irshad Nanna alias Kangan but peasants at the spot resisted the abduction. Seeing hapless, the attackers fired several shots and killed Mr. Javed Masih. Another peasant Mr. Irshad also got seriously injured by seven shots.

It is reported that Mr. Abdul Sattar Mehar, former general secretary of AMP led to the attack on these peasant activists. Mr. Mehar was dislodged from the office in 2005 for misusing his position and provoking the animosity between the Christians and Muslims.

I have learned that Mr. Mehar had killed two persons to get elected as a chairperson during the elections of Union Council in 2005. After he won election for a chairperson of the union council no. 10, Okara town, he allegedly manipulated the local police and administration in his favour, but no action by police authority has taken against him.

I am further informed that on the occasion of February 2008, Mr. Mehar contested election for provincial assembly as the independent candidate but he lost the election. As he blamed the Christian group for his defeat, he said in public that he would take revenge against the Christian group who were on opposite to Mr. Mehar. Moreover, he accused Mr. Irshad Kangan as a ringleader who instigated the Christian group to not vote for him.

It is reported that on April 11 2008, the peasant victims lodged a file against the alleged perpetrators at Cantonment Police Station at Okara. The crime was registered in the FIR under the Section 302, 324, 364, 452, 148, 149 of Pakistan Penal Code.

The local police, however, have failed to arrest any of the accused. Five out of 19 accused were booked on murder and attempt to murder, while the others were booked on charges of abduction, attempt to abduction, attack with fire arms, injuring several persons and creating law and order.

I am informed that some accused including Mr. Mehar Abdul Sattar got a bail before arrest and the others were roaming freely and threatening the victim peasants not to make a testimony as a witness of the case. On June 21, the Additional and Session Judge Mr. Malik Mubeen, rejected the bail before arrest.  Police have still not arrested them even though the accused were present outside the court during the hearing.

It is recently reported that the provincial Law Minister of Punjab Mr. Ashraf Khan Sona visited the military farms of Okara and tried to reach an agreement between the victims and the accused, which was refused by the accused. Prior to the Minister’s visiting, the peasants of the military farms of Okara organized a demonstration calling for an arrest of the alleged murderers and condemning the neglect of the police authority.

I am shocked to learn that police and local administration rather protect the alleged perpetrators, which illuminates that the police have political connection with the accused in the area.

I, therefore, urge you to conduct a thorough and impartial investigation into the case. I also urge you to intervene to take immediate actions against the perpetrator. Most of all please make an intervention to ensure that the victims can be given a justice before the law and provided compensation.

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. Syed Yousaf Raza Gillani
Prime minister
Prime Minister House, Islamabad,
PAKISTAN
Fax: 92-51-9221596
Tel: +92-51-9206111
E-mail: webmaster@infopak.gov.pk or infominister@pak.gov.pk 
3. Mr. Farooq Naik
Minister of Law, Justice and Human Rights
S Block Pakistan Secretariat
Islamabad
PAKISTAN
Fax: +92 51 920 2628
E-mail: minister@molaw.gov.pk

4. Rehman Malik 
Advisor on Minister of Interior
Room No. 404, 4th Floor, R Block,
Pak Secretariat
Islamabad
PAKISTAN
Fax: +92 51 9202624
Tel: +92 51 9212026
E-mail: minister@interior.gov.pk

5. Mr. Salman Taseer
Governor of Punjab
Governor House
Mall Road, Lahore
PAKISTAN
Fax: +92 42 9200023
E-mail: governor.sectt@punjab.gov.pk

6. Mian Shahbaz Sharif
Chief Minister of Punjab
H-180 Model Town, Lahore
Pakistan
Fax: +92 42 5881383

7. Minister of Law Government of Punjab
Punjab Secretariat
Ravi Road
Lahore
PAKISTAN
E-mail: law@punjab.gov.pk

8. Chief Secretary of Government of Punjab
Punjab Secretariat
Lahore
PAKISTAN
Fax: +92 42 7324489
E-mail chiefsecy@punjab.gov.pk

9. Home secretary
Punjab Secretariat
Lahore
PAKISTAN
Fax: +92 42 9211732 
E-mail: home@punjab.gov.pk

10. Shakat Javed
Inspector-General of Police/Provincial Police Officer of
Punjab province, Lahore
PAKISTAN
E-mail: info@punjabpolice.gov.pk

Thank you.

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

Document Type : Urgent Appeal Case
Document ID : AHRC-UAC-147-2008
Countries : Pakistan,
Issues : Impunity, Judicial system, Police negligence, Police violence, Rule of law, Threats and intimidation,