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Pakistan
1194. By letter dated 18 June 2004, the Special Rapporteur notified the Government that he had received allegations concerning:
1195. Abdul Ghafoor. He was arrested in Lahore by a police official of Nawakot on 7 January 2003 on suspicion of trafficking in drugs. He was taken to a police station where he was subjected to interrogation, bribes and torture, which reportedly resulted in his legs being broken. The Nawakot police claimed that he broke his legs while trying to escape from the second floor of the police station. An inquiry was ordered in connection with this case.
1196. T. A., a 10 year-old boy. Around 19 September 2003, he was arrested at his home by police officers from the Qadirpur police station, Jhang District, led by an assistant subinspector (ASI) (whose name is known to the Special Rapporteur). They sought to arrest his father and brother, who were suspected of illegally cutting grass from the landlord’s farms. When the police officers could not find his brother at home, T. A. was arrested instead and taken, along with his father to the Qadirpur police station lock-up. At midnight, the two were taken to the interrogation room, where an ASI and a Constable (whose names are known to the Special Rapporteurs) beat them in order to find out the whereabouts of T. A.’s brother. Because his father was suffering from tuberculosis, the police officers beat the child more severely. The boy and his father were eventually released. They were presented to the District Police Officer on 25 September 2003 and on 26 September 2003. The above-mentioned ASI has reportedly been suspended from his functions. However, it is said that no serious action has been taken to investigate this case, which has not been registered.
1197. By letter dated 23 November 2004, the Government informed that he, his father and another man were summoned and interrogated by the police in connection with a case. T. A. was found innocent and sent home.
1198. Ameer Bukhsh. On 19 November 2003, he was taken in remand in Vehari by an ASI (whose name is known to the Special Rapporteur). While in custody flesh was chopped off from his legs by the ASI. A few days later, he was sent back to judicial remand, then to Multan Central Jail, where he was refused due to his poor condition, and then taken back to Vehari. The ASI who was believed to be responsible for the acts of torture and ill-treatment has reportedly been summoned for interrogation.
1199. Jalal Din Lakho and his son, Salah Lakho. On 21 February 2004, they were arrested for theft by Karachi police officers (whose names are known to the Special Rapporteur), under the pressure of an influential tribe. While in custody, they were subjected to torture, forced to sodomize each other, and later released. A case has been filed against the police officers allegedly involved.
1200. Mushtaq Ali, head constable. On 25 February 2004, he was summoned by the Crime Investigation Agency, Model Town, for an inquiry into a bribery case. He was arrested by a sub-inspector (whose name is known to the Special Rapporteur) who suspected him of having accepted a bribe during the investigation of a murder case. While in custody, Mushtaq Ali was subjected to torture and other forms of ill-treatment by the above-mentioned subinspector. As a result, he reportedly passed pus and blood in his urine and stool. It is reported that his kidney may have been severely damage. He has been threatened with death by the sub-inspector. An inquiry into this case has reportedly been ordered by the High Court. 1201. Rai Mazhar, a lawyer from Tandiawala. On 13 March 2004, he was arrested in Faisalabad, forced by the police to eat his stool in custody, had a ring put around his nose, and was dragged naked in the streets. No action has been taken against those suspected of having subjected Rai Mazhar to this treatment.
1202. Azam. On 17 March 2004, he was arrested in Khanewal by Kacha Khoo police on suspicion of robbery. While in custody he was subjected to severe torture, including having rollers rolled over his legs, as a result of which his legs and arms became paralyzed, his ribs were broken, and he suffered a bleeding rectum. As his condition deteriorated, he underwent a medical examination under the supervision of the Medical Superintendent of the District Hospital. It is alleged that the team appointed to conduct the medical examination at the District Hospital was bribed by the police for issuing a false medical report declaring him to be medically fit. He was later referred to another doctor who noted that he could hardly walk, was bleeding and had sustained broken ribs. This doctor reportedly ordered another medical examination. The police officials who took the detainee to the hospital claimed that his condition was the result of an attempted suicide.
1203. Rafiq Dogar. On 19 March 2004, he was assaulted by police officers from the Pak Pattan police station. He was taken to the fields and acid was thrown on his genitals, which were severely burnt as a result. The police officers broke two of his teeth and threatened him not file a complaint. Rafiq Dogar was admitted in a serious condition to the District Headquarters Hospital. No action has reportedly been taken to launch an investigation into this case and prosecute those held responsible.
1204. By letter dated 25 June 2004, sent jointly with the Special Rapporteur on extrajudicial, summary or arbitrary executions, the Special Rapporteur notified the Government that he had received the following allegations, to which the Government responded to some by letter dated 27 December 2004:
1205. Samuel Sunil, an 18 year-old member of the Christian minority in Pakistan. He was arrested by police officers from the Qilla Singh Police Station on 9 August 2003, accused of theft by his employer, the proprietor of an Internet café on Mall Road. The sub-inspector from the Qilla Singh Police Station (whose name is known to the Special Rapporteurs) and other officers tortured him in front of his employer, and he was sent later that day to Camp Jail Lahore and detained with convicted criminals. There he was sodomized by three inmates. When Samuel Sunil made a complaint about the assault to the prison officials, a Deputy Superintendent (whose name is known to the Special Rapporteurs) ordered Samuel Sunil to be punished along with his assailants, as he was viewed as being party to the crime of sodomy. He was then subjected to severe torture which resulted in his death on 19 August 2003. The jail officials hung his body by the neck from a ceiling fan in order to make his death appear to have been a suicide. An autopsy report, however, noted signs of sodomy and suggested that torture was the cause of death. A case has been registered against the Prison Superintendent, Jail Warden, and the three prisoners who assaulted him.
1206. Zafar Iqbal. On 30 September 2003, he was handed over to Westridge Police Station, Rawalpindi Division after he was caught by a group of civilians who accused him of robbery. Since his handover to the the Station House Officer (SHO), there was neither a First Information Report (FIR) registered against Zafar Iqbal, nor was he produced before the court. Despite the police’s claim that Zafar Iqbal was released, he died in police custody as a result of torture and his body was disposed of. A Superintendent of the Police (SP), whose name is known to the Special Rapporteurs and who was identified as a complainant in a FIR lodged against the policemen, stated that he could not find Zafar Iqbal during his inspection of the police station, and that there was no record of the arrest of the accused. The Deputy Inspector General (DIG) of Rawalpindi Division ordered the registration of a murder case against the responsible police officers. The SHO of Westridge police station and two constables were taken into custody and a FIR was registered on charges of abduction and hiding a person under the pretext of killing him.
1207. The Government informed that the authorities are conducting judicial and departmental inquiries. One police officer has been remanded in custody, another has been released on bail, while another has been decla red a proclaimed offender in the case.
1208. Shahid, age 41. On 1 March 2004 he was beaten to death by members of the Kotwali police in Lahore, when he was visiting his neighbors. The police raided the neighbours’ house on suspicion that they were involved in a forgery case. Shahid was severely beaten on the head and collapsed and the policemen continued beating, kicking and hitting him with the butts of their rifles and guns. Shahid, who was a heart patient, died as a result of this treatment. His body was dragged into the street by the policemen, who told the other neighbors that he was only unconscious and prevented them from approaching or taking him to the hospital. Witnesses claimed that his body was covered with bruises, in particular on the chest, back, arms and ribs. A FIR has been filed against the policemen and a sub-inspector has been identified as responsible for murder.
1209. The Government informed that there is no such police station in Lahore and no person named Shahid was beaten up on 1 March 2004 by the staff of this police station. There is, however, a Crime Investigation Agency (CIA) Centre in Kotwali, and information regarding a custodial death on that date could not be substantiated in the records. More details, if available with the Special Rapporteurs, would be appreciated.
1210. By letter dated 15 July 2004, sent jointly with the Special Rapporteur on the sale of children, child prostitution and child pornography, and the Special Rapporteur on violence against women, the Special Rapporteur notified the Government that he had received allegations concerning H., an eight year-old girl, and S., a five year-old girl. They went missing on 21 February 2004 in Karachi. Their disappearance was reported to the Gadap police station, where the officials declined to register a case, and were reluctant to look for the children. Their decomposed bodies were found on 25 February 2004 in the bushes near a veterinary hospital used by policemen. Bloodstains were reportedly found on the veranda and in one room of the hospital. The autopsy revealed that the two girls had been sexually abused; that H. had been killed with an axe and that S. had been shot dead from behind. A preliminary inquiry found the Station House Officer of Gadap police station (whose name is known to the Special Rapporteurs) guilty of negligence in delaying the registration of a case of kidnapping. Three policemen have reportedly been arrested for negligence and a fourth one has absconded. No further developments have been reported.
1211. By letter dated 15 September 2004, the Government informed that three policemen were arrested on 5 March 2004, and a case was submitted on 12 March to the court. Another suspect has absconded but a team is making efforts to apprehend him.
1212. By letter dated 21 July 2004, sent jointly with the Special Rapporteur on extrajudicial, summary or arbitrary executions, and the Special Rapporteur on the right to freedom of opinion and expression, the Special Rapporteur notified the Government that he had received information concerning Samuel Masih, 30 year-old resident of Saidan Shah, Lahore. According to the allegations received, he was charged with blasphemy and sent to Kot Lakhpat Jail for trial. He was admitted to the Lahore General Hospital on 19 May 2004 in critical condition after a police constable hit him on his head with an iron bar while in detention. The constable who attacked Samuel Masih was sent to jail after a case was registered against him. Samuel Masih later died in hospital after remaining in coma for three days. His body was handed over to his family after an autopsy was carried out. His family did not pursue the case as they were reportedly scared of the police. Mr. Masih was in jail since August 2003 and no lawyer was appointed to defend his case.
1213. By letter dated 21 July 2004, sent jointly with the Special Rapporteur on extrajudicial, summary or arbitrary executions, the Special Rapporteur notified the Government that he had received allegations concerning:
1214. Shahid, age 41 (cited in a previously transmitted communication, para. 1209).
1215. Imtiaz, age 28. At the end of March 2004, he was arrested in Hafizabad by the Chak Chatta police for stealing wood and sent to Sub-Jail Pindi. He died under suspicious circumstances in jail, allegedly tortured to death by the prison staff. However, the jail authorities stated that Imtiaz was a drug-addict and died as a result of withdrawal. There was no investigation into his death.
1216. Javed Anjum, age 19. On 17 April 2004, he was drinking water from a tap outside the seminary Madrassh Jamia Hassan, Chak No. 323/G. B., district of Toba Tek Singh, Punjab, when the superintendent of the seminary, enquired about his identity. When the students learned that Javed was a Christian they took him into the seminary and tried to force him to convert to Islam. On refusal, the teacher, along with his students, severely tortured him for five days. According to the hospital record, he had 26 injuries and three fractures on his left arm. He was handed over to the police on 22 April on charge of robbery, but due to his critical physical condition, he was taken to the Allied Hospital in Faisalabad and succumbed to his injuries on 2 May 2004. The police had initially refused to register a case against the perpetrators, allegedly because of the influence of the religious parties. Arrests were only made on 5 May 2004. Javed Anjum’s family was asked to settle and withdraw the case.
1217. By letter dated 29 July 2004 the Government informed that Javed Masih entered the Madrassa on 17 April to drink water. He was tortured when some students and the teacher mistook him for being a tap thief. He received 12 injuries including a fatal blow to the kidney. He was released on 23 April, and was recovered by his relatives from the Toba Tek Singh Railway gate in a serious condition. Javed Masih was admitted to the Allied Hospital Faisalabad and died on 2 May. A First Information Report was registered against the teacher and two unknown persons. The teacher is in police custody and investigations are being carried out.
1218. Abdul Wahid. He died of torture at the Agoki police station on 28 May 2004. Reports indicate that the Agoki police registered a case against the Assistant sub-inspector Haji Ikhlaq who was still hiding at the time of writing this report.
1219. Abdul Haq, age 75. He was arrested on 3 June 2004 on charges of theft by police officers from Kanjwani Police Station. He was tortured at the station where he died. The police claimed that the he died from a heart attack on the way to the station and transferred his body to the Tehsil Headquarters Hospital in Tandlianwala. The Garah police have registered a case against the policemen and three of them have been arrested.
1220. Zafar Iqbal. He was arrested by the Saddar Nankana police and died in custody on 3 June 2004. He was reportedly tortured to death by the police for not paying them a bribe of Rs. 240,000. The police alleged that he was admitted to the Nankana Hospital for treatment of kidneys where he passed away due to high blood pressure and kidney problem. Zafar Iqbal was reportedly a healthy man and had never suffered from blood pressure or kidney problems. Reports indicate that his body bore marks of torture. The police denied the allegations and claimed that he had died of heart failure. No inquiry was held against the killing of Mr. Zafar Iqbal.
1221. Munir Ahmed. He was arrested on 15 June 2004 by the Abadpur police in Rahim Yar Khan, on charges of kidnapping. The police subjected Mr. Ahmed to severe torture while in custody and subsequently threw him away in a canal. His body was recovered on the following day. His body bore marks of torture. Although the local population stage a protest against the police and demanded an inquiry into the death, no inquiry was conducted as the police alleged that he had committed suicide.
1222. By letter dated 4 August 2004, sent jointly with the Special Rapporteur on violence against women, the Special Rapporteur notified the Government that he had received allegations concerning:
1223. Ms. Sakina, 80 years old, of Tehsil, Liaquatpur. On 11 May 2004, the head constable of Khanpur City Police, destroyed the wall of her house in an attempt to make his tractor pass through the narrow street. After the wall was demolished, the policeman, accompanied by four other men (whose names are known to the Special Rapporteurs), attacked Ms. Sakina and the occupants of her house. Sakina, her daughter-in-law and her sister-in-law were beaten, their clothes were torn, their hair cut, and they were dragged out onto the street. The policeman threatened Ms. Sakina and left. No action was taken on the complaints filed at the Tarinda Police Station about this incident. Moreover, the policeman filed a case against the women for initiating the altercation. Ms. Sakina filed a complaint with the Additional District and Sessions Judge.
1224. Ms. Zakia Sultan, a primary school teacher. On 28 May 2004, policemen of the Satellite Town Police Station in Gujranwala raided her house in search of a person, stripped her naked, and stole cash and valuables. She filed a complaint with the District and Sessions Judge against the Station House Officer, Assistant sub-inspector, and a policeman.
1225. Mariam Sultana. On 5 March 2004, she was allegedly assaulted by police officials of Saddar Police Station, Rawalpindi, including a Station House Officer (whose name is known to the Special Rapporteurs), when she refused their demand for money. The policemen stripped her naked and dragged her into the street. The policemen left when neighbours intervened. The Saddar police subsequently refused to register a case in relation to this incident.
1226. By letter dated 4 August 2004, the Special Rapporteur notified the Government that he had received the following allegations, to which the Government responded by letter dated 2 November 2004:
1227. Imran (also known as Mani). On 6 May 2004, Imran, who was detained in the Daska City Police Station lock-up in relation to a theft investigation, was admitted to hospital in a critical condition. According to the police, Imran injured himself in the lock-up by banging his head against the bars in order to escape further questioning. However, no investigation was held to determine whether Imran had injured himself or if he had been tortured by the police.
1228. The Government informed that he was immediately taken to hospital for medical treatment, and a case of attempted suicide was registered at the police station. He was subsequently found guilty and sentenced to detention. The rumours of severe torture are baseless.
1229. Mohammed Aslam. In April 2004, he was arrested by the Mitro police in Multan and held in several different locations for one month before his whereabouts were made known to his family. He was kept blindfolded for 20 days, and made to stand continuously, day and night, for several days. He was tied to a cot and rollers were rolled over his legs and feet. As a result of the treatment, his eyesight has been affected, and he has difficulties walking and moving his limbs. He was produced before his family blindfolded, and the police officials, including the Station House Officer, demanded bribes from his mother, sister and niece for meeting him. The police also demanded a bribe of Rs. 6,000 for Mohammed Aslam’s release and for not framing him on fictitious charges. The High Court ordered an inquiry into the incident, and the findings have not yet been made public.
1230. The Government informed that he was arrested on 5 May 2004 in relation to an armed robbery investigation and remanded into custody for four days on 6 May. He was produced before the Lahore High Court, Multan on 7 May 2004, who ordered the Deputy Registrar (Judicial) to have Mohammad Aslam medically-examined. On 20 May 2004, the judge ordered Mohammad Aslam to appear for an inquiry before the Deputy-Superintendent of Police/Sub-division police office (DSP/SDPO), Mailsi. The DSP/SDPO concluded that the police did not torture him, that the injuries were not caused by the police, and the allegations were false. In fact, one day after his arrest he was produced before the court.
1231. Abdul Wahid (cited in a previously transmitted communication, para. 1219).
1232. The Government informed that a First Information Report, dated 27 May 2004, was registed at Uggokey police station, Sialkot, against five police officials. During the course of the investigation all of the accused were found innocent, and an investigation to arrest the real perpetrators is underway.
1233. By letter dated 21 October 2004, sent jointly with the Special Rapporteur on violence against women, the Special Rapporteur notified the Government that he had received allegations, concerning:
1234. Mumtaz, Manga Mandi. On 11 March 2004, she was alone at home when a neighbor called her outside. She was grabbed by someone, who stifled her screams with a cloth and took her to a house where four men (whose names are known to the Special Rapporteurs) raped her. The police allegedly filed a case 15 days after the incident and arrested only one of the accused. They then sided with the accused men and pressured the family to settle the case.
1235. Mussarat Shaheen, Sargodha. On 13 March 2004 she was tortured by her brother-in-law, his mother, and one of his friends (whose names are known to the Special Rapporteurs). Her in-laws accused her of having had illicit relations. They reportedly forced Mussarat Shaheen to put her legs in boiling oil before amp utating them. At the time information was received, it was reported that the social welfare department would pay for her treatment, and that some non-governmental organizations had demanded from the government that this case should be placed before an anti-terrorism court. Despite the fact that the incident was reported to the police, no action was reportedly taken against the perpetrators.
1236. A teenage girl, Chappar Khan Jamali village, Johi taluka. She was sexually assaulted by 10 people in a house of an influential person in Bhan Saeedabad town where she was reportedly kept for three months. On the first night of her marriage, three armed men (whose names are known to the Special Rapporteurs) kidnapped her from her husband’s house and held her in a building in Bhan Saeedabad where three other women were kept in chains. There, these men and seven other people sexually assaulted and tortured her every night. On 14 April 2004, as three persons attempted to move her to another place near Bhan Saeedabad town, she was rescued by a passersby, and was taken to the area councilor for shelter and help. Death threats have since been made against her and her family, including her brother and his wife. At the time the information was received, no action had been taken either to prosecute the perpetrators or to protect the family.
1237. S. B., a girl from the village of Sheikhupura. On 8 May 2004, she was in the wheat fields with her father, when four men (whose names are known to the Special Rapporteur) took them away to the police station. An influential man of Chak No. 4 G. B. then dragged her into a room and raped her while two constables remained on guard outside. The police have reportedly refuted the allegations, denied the charges and instead charged the victim with theft.
1238. Four singers. On 16 May 2004, they were gang raped by police officers in Multan. The women were returning home after performing at a wedding when some policemen stopped them near Jamia Babul Aloom on the Masoom Shah Road at about 2:30am. They reportedly beat up the women and the driver without any provocation. The driver fled and the policemen raped two of them before dragging them almost unconscious into their vehicle and leaving them along a deserted road of Shah Rukn-e-Alam Colony. The victims later contacted a lawyer, and a medical examination was ordered by a judicial magistrate. The medical report confirmed that both of them were gang-raped within 12 hours of the examination, and that they had multiple torture marks on their bodies. The victims confirmed that all the perpetrators were in uniform. It is further reported that the victims and their families were harassed by the police to accept a compromise and to drop the case. A few weeks later, the police reportedly claimed to have unmasked the alleged culprits involved in the gang-rape and claimed that no policeman was found involved in the incident.
1239. By letter dated 27 October 2004, the Government responded that in some of the cases transmitted incomplete information has been provided, including the names of the victims, which make it difficult for the authorities to trace the facts of the case. In order to undertake investigations this information would be appreciated.
1240. By letter dated 9 November 2004, sent jointly with the Special Rapporteur on the right to freedom of opinion and expression, the Special Rapporteur notified the Government that he had received information concerning Saima Zahoor, a reporter with the Urdulanguage daily Express. On 10 July 2004, she went to meet with the deputy secretary of the Environment Ministry, to seek his comments on the issue of pollution in Rawal Lake. The official became angered by her questions, called in a security guard and ordered him to throw her out of the office. When the journalist protested against the official’s behaviour, he slapped her, dragged her and locked her in a room. She was released when the police arrived.
1241. By letter dated 9 November 2004, sent jointly with the Special Rapporteur on extrajudicial, summary or arbitrary executions, the Special Rapporteur notified the Government that he had received allegations concerning:
1242. Saifullah Kharal, age 26, and Riasat Ali, Mangtanwala, Lahore. On 20 June 2004, they were arrested at a vegetable market by Mangtanwala (Nankana Sahib) police on suspicion of stealing a car, and detained at the station. Both men were severely beaten in custody by the Station House Officer, Assistant sub-inspector, a constable, and a station clerk (whose names are known to the Special Rapporteur). Saifullah Kharal subsequently died in custody after being detained for 12 days. Two days before his death, his sister came to the station with his meal, and found the police beating him, threatening him to confess, including threatening to beat his sister if he did not confess. He died at 1am on 1 July. The body was sent for a post-mortem examination. A case was registered against the officials and reported to the Human Rights Commission of Pakistan.
1243. Qari Mohammad Noor, a cleric. In August 2004, he was detained for alleged links to the al-Qaeda terrorist network in a raid on an Islamic school in Faisalabad. According to the police, he died in custody on 18 August 2004 from a heart attack. However, his post mortem reports have not been made public and it is alleged that he was beaten in detention and had nearly 180 marks on his body.
1244. By letter dated 9 November 2004, the Special Rapporteur notified the Government that he had received allegations concerning:
1245. Asif, Gawalmandi, Lahore. On 3 June 2004, he was passing through Sundar Das Road on his motorbike with a friend when four officials of the Mujahid Squad stopped them and started searching them. The police claimed that they recovered a firearm from their possession, which the two men denied. A policeman took out a rifle and shot Asif in his leg, breaking it. Three policemen remained at the scene, interrogating him, ignoring his pleas for medical help. Witnesses reportedly intervened, beating the policemen, and once Asif’s family arrived they took him to the hospital for treatment.
1246. Zubaida Bibi, Chak 615 G. B. Tandlianwala, Faisalabad. On 9 June 2004, she was abducted by a sub-inspector (whose name is known to the Special Rapporteur) in relation to an anti-corruption case she was pursuing against him. He held her for two days during which he beat her and threatened her to withdraw the case she had filed against him.
Urgent appeals
1247. On 20 January 2004, the Special Rapporteur sent a joint urgent appeal with the Special Rapporteur on the right to freedom of opinion and expression, regarding Khawar Mehdi Rizvi, a journalist (cited in a previously transmitted communication, E/CN.4/2004/62/Add.1, para. 608). According to the allegations received, the Federal Investigation Agency (FIA) has denied before two Sindh High Court judges that he was in their custody. According to information received, the FIA Deputy Director and the Deputy Prosecutor made their statement on 13 January 2004, in response to a habeas corpus petition lodged by the lawyer for Mr. Rizvi’s family. However, high level Government officials, including the Foreign Ministry spokesman, recently said that the journalist was being held by the security services for "investigation". The court has to date had no access to Mr. Rizvi or to his file, the latter being held incommunicado in an unknown location since his arrest. The Sindh High Court judges called on the federal government to appear before the court on 20 January and explain Mr. Rizvi’s situation and the official reasons for his detention.
1248. By letter dated 25 February 2004, the Government informed that Khawar Mehdi Rizvi, along with two others (Abdullah Shakir and Allah Noor) were involved in making a fake movie on the Taliban for the French journalists, Joel Marc Epstein and Jean-Paul Guilloteau of the weekly, L’Express. They were charged by the Quetta police and presented before a court in Quetta on 30 January 2004, and again on 16 February. The proceedings are underway and the decision will be conveyed in due course.
1249. By letter dated 10 June 2004, the Government informed that the case of Khawar Mehdi Rizvi is not pending in any anti-terrorist court. The Anti-Terrorist Courts are established under the Anti-Terrorist Act 1997 and there is no provision in the Act under which a military officer may sit with a civilian judge on the bench of the court. It is submitted that these courts are established by the Government after consultation with the Chief Justice of the High Courts and Judges are also appointed after his consultation. Almost all the Judges of the Anti-Terrorism Courts are Sessions Judges or Additional Session Judges, who are subordinates to High Courts. The Anti-Terrorism Courts in Pakistan are functioning and working independently without any interference of the Government. Khawar Mehdi Rizvi has already been granted bail and the case is pending.
1250. On 22 April 2004, the Special Rapporteur sent a joint urgent appeal with the Chairperson-Rapporteur of the Working Group on Arbitrary Detention, and the Special Rapporteur on the right to freedom of opinion and expression, concerning Zulfiqar Ali Khaskheli, a correspondent for the Hyderabad-based, Sindhi-language daily "Ibrat" in the town of Nawabshah. According to the allegations received, he was severely beaten by police, and was admitted to the People’s Medical College Hospital in Nawabshah. Zulfiqar Ali Khaskheli may lose his eyesight and hearing. Visitors have not been allowed to see him, and he is under arrest and chained and handcuffed in the hospital. It is believed that Nawabshah’s chief of police, a District Police Officer (whose name is known to the Special Rapporteurs), arrested Mr. Khaskheli on 11 April 2004 in relation to a report on gambling operations in the district under his command.
1251. By letter dated 10 June 2004, the Government informed that Zulfiqar Ali Khaskheli developed differences with another man and threatened him with harm. A complaint was filed and Zulfiqar Ali Khaskheli was arrested and later released on bail. He organized a hungerstrike and rallies against the District Police Officer for allegedly committing torture on him during detention. The allegations are false and fabricated.
1252. On 28 April 2004, the Special Rapporteur sent a joint urgent appeal with the Chairperson-Rapporteur of the Working Group on Arbitrary Detention, and the Special Rapporteur on the right to freedom of opinion and expression regarding Sami Yousafzai, a journalist from Afghanistan working for "Newsweek" magazine, and his driver. According to the allegations received, on 21 April, Eliza Griswold, a journalist and citizen of the United States of America, Mr. Yousafzai, and their driver were arrested at a checkpoint in Bakhakhel, near Bannu, as they attempted to enter North Waziristan, without the necessary authorization. The three were questioned for several hours and then allowed to return towards Peshawar. However, it is believed that security forces or the intelligence services re-arrested them near Bannu. Ms. Griswold was expelled from the country a few days later, but Mr.Yousafzai and his driver are still being held in a secret location.
1253. By letter dated 10 June 2004, the Government informed that Sami Yousaf Zai was released from custody on 2 June 2004. He has not been deported to Afghanistan and is allowed to stay in Pakistan until his visa expires in two months.
1254. On 4 June 2004, the Special Rapporteur sent a joint urgent appeal with the Special Rapporteur on the right to freedom of opinion and expression, regarding Diwan Hashmat Hayat. According to the allegations received, on 3 April 2004, he was attacked by a mob outside his house because he asked a neighboring mosque to make less noise. Despite his serious injuries, he was arrested and taken to Jhelum District Central Jail, Punjaab, where he was beaten on the orders of the jail authorities. He is charged with blasphemy under section 295-C of the Pakistan Penal Code, which carries a death sentence for the offence of defiling the Prophet Mohammed. He is being held in solitary confinement in Jhelum District Central Jail, in unsanitary conditions, without sufficient food or appropriate medical treatment for his injuries. It is alleged that he was given painkillers only after his family agreed to pay a bribe of 3,000 rupees (USD $52), and is denied sufficient food and clean bedding because his family could not pay a second bribe.
1255. By letter dated 7 July 2004, the Government informed that on 11 July 2003 a complaint was filed by him at 7:45pm, concerning the threatened demolition of his home by neighbouring residents. At 10:30pm a mob arrived and looted and demolished the building. An investigation into the incident confirmed this. However, because Diwan Hashmat Hayat neither pursued the case nor presented evidence, the perpetrators were not prosecuted, and the case is suspended. On 3 April 2004 Diwan Hashmat Hayat was arrested in relation to a homicide. The blasphemous acts of Diwan Hashmat Hayat and his companions, and the killing have resulted in the unrest of the local population.
1256. On 14 September 2004, the Special Rapporteur sent a joint urgent appeal with the Chairperson-Rapporteur of the Working Group on Arbitrary Detention and the Special Rapporteur on the right to freedom of opinion and expression, concerning Sarwar Mujahid, a 42 year-old journalist of the Urdu-language daily "Nawa-i-Waqt". According to the information received, on 31 July 2004 he was arrested without a warrant at his home by the police of Okara District, Punjab Province, under the Maintenance of Public Order Act, which states that a person may be detained for three months if the government feels they represent "a threat to public order." He was beaten at the time of his arrest and has been held in incommunicado detention at Sahiwal Prison ever since. He is suffering from diabetes.
1257. By letter dated 13 December 2004, the Government informed that on 28 July 2004, he was arrested on orders issues by the Provincial Government for disrupting public order. On 27 July 2004, the journalist was involved in a scuffle outside the Session Court Okara with the representative of the police. He was arrested and detained in Sahiwal prison, and later released on 30 September. His arrest and detention was in accordance with the provincial law and he was not subjected to any beating or torture.
Follow-up to previously transmitted communications
1258. By letter dated 20 December 2003, the Government provided information concerning:
1259. Nazir Ahmed (E/CN.4/1995/34, para. 538). The Government informed that a case was registered against two police officers following a judicial inquiry. During the trial on 19 October 1994, the accused were acquitted and a settlement was reached between the parties.
1260. Mohammad Tariq (ibid, para. 543). The Government informed that he was never arrested or detained in North Nazimabad, Taimuria or Sh. Noor Jehan Police Station. The allegations are baseless.
1261. Shamin, (ibid, para. 548). The Government informed that a case of rape was registered against the perpetrators, however during the course of the investigation the allegations were found to be false, and the case was disposed of.
1262. Ghulam Hussain Magsi (E/CN.4/1996/35/Add.1, para. 484). The Government informed that on 13 April 1994 a doctor was taken to examine him. The police recorded that he hanged himself in his cell. A judicial enquiry confirmed that death had occurred in the lock-up due to suicide. After investigations, the Crime Branch, Sukkar closed the case in 1998.
1263. Zahid Ali Khan (ibid, para. 487). The Government informed that on 22 June 1994 he was arrested in an injured condition, and was referred to the Jinnah Post-Graduate Medical Centre where he died. Before his death Zahid Ali Khan disclosed that he was kidnapped by two unknown persons from his house, who tortured him and threw him in the bushes. An investigation into police negligence in handling Zahid Ali Khan in custody was registered. After investigations the police officials were not found at fault and case was disposed of.ç
1264. Kamil Salongo (ibid, para. 491). The Government informed that the police officials at the Kandiaro Police Station, District Naushahro Feroze, reported that the allegations of Kamil Solangi are false and baseless, and no such incident was recorded.
1265. Aftab Ali Beg (ibid, 492). The Government informed that the allegations are false and baseless. No such incident occurred and there is no report in the record of the Liaquatabad Police Station.
1266. Jamil Ahmed, Abdul Razzaq, Mamoon Rashid, and Mohammad Shahid (ibid, para. 493). The Government informed that after verification the allegations are not correct. 1267. Mohammed Sallem Jafri and Nadeem Ahmed (ibid, para. 494). The Government informed that the allegations are not correct as police officers of the North Nazimabad Police Station never arrested them.
1268. Kamran Qureshi (ibid, para. 495). The Government informed that the allegations are false. He died as a result of bullet wounds sustained in an armed confrontation between the police and the terrorists. The Government constituted a judicial commission to probe into the encounter.
1269. Niaz Bibi (E/CN.4/1997/7/Add.1, para. 355). The Government informed that she was brought to the Civil Hospital in an injured state. However before the Assistant sub-inspector could record a statement, she had left the hospital. Efforts to locate her have failed, and therefore the matter is closed.
1270. Tariq Hussain Rizvi (ibid, para. 359). The Government informed that he was arrested on 16 August 1995, and during the investigation he was sent to the Central Jail on remand. He died there 1 September 1995. A case was registered against an officer of the Jamshed Quarter Police Station, who was acquitted by the court on 23 June 1996.
1271. Feroze Uddin (ibid, para. 361). The Government informed that after verification, the allegations are not correct. On 20 March 1995, he accompanied policemen undertaking an investigation, when the party came under fire. Feroze Uddin sustained bullet wounds and died. During investigations into the shooting one person was arrested and charged. The Government constituted a judicial commission to probe into the encounter.
1272. Sayeed Hassan (ibid, para. 362). The Government informed that after verification, the allegations are false. He was not arrested by the Buffer Zone Police Station on 12 December 1995.
1273. Shahid Dehalvi (ibid, para. 363). The Government informed that following enquiries, the allegations are false and concocted.
1274. Salim (ibid, para. 368). The Government informed that the allegations are false.
1275. Rashid Ameen (ibid, para. 369). The Government informed that the allegations are false. He was not arrested, and no complaint was ever filed with the police.
1276. Abdus Saboor (ibid, para. 370). The Go vernment informed that the allegations are false. He was not arrested, and no complaint was ever filed with the police.
1277. Nasir Bande Ali (ibid, para. 371). The Government informed that the allegations are not correct. At the time of his arrest he was injured and was immediately taken to Abassi Shaheed Hospital. He died while receiving treatment, and the enquiry and medical report corroborated the cause of death as contained in the First Information Report.
1278. Mohammad Farooq (E/CN.4/1998/38/Add.1, para. 293). The Government informed that he died in an armed confrontation with police. He was taken to Abbasi Hosptial for treatment but died en route. The Government constituted a judicial commission to probe into the encounter.
1279. Fasih Ahmed (E/CN.4/1999/61, para. 556). The Government informed that following his death in police custody, a case was registered against police officers of the Crime Investigation Agency Saddar, Karachi. The case was later disposed of due to a mistake of fact in Fasih Ahmed’s death.
1280. Jamil Ahmed (E/CN.4/2000/9, para. 832). The Government informed following his death in custody in the Central Jail, a summary order of 10 October 2001 from the Judicial Magistrate Central directed that all the accused were acquitted.
1281. Arman Danish (ibid, para. 833). The Government informed that he was arrested by officers on 14 January 1999 in relation to weapons possession charges. On 16 January, Arman Danish complained of illness, saying that he suffered from pneumonia and asthma, and he was taken to a private clinic for treatment. On 18 January he complained again and he was taken to Abbasi Shaheed Hospital. He was released on bail due to his illness on 18 January and was admitted to the Ziauddin Hospital. On 28 January, his family informed the North Nazimabad Police Station that he died during treatment. The death certificate indicated that death was a result of cardio-respiratory failure. The death was neither due to torture nor maltreatment during police interrogation. They tried their best to save his life. A judicial enquiry was ordered, and a petition was submitted in the High Court of Sindh by the parents, however the court disposed of it on 21 April 1999.
1282. Shoaib Bukhari (ibid, para. 834). The Government informed that the police officer was arrested, but later acquitted by summary order on 28 July 2001.
1283. Rizwan Qureshi and Saeed Qureshi (ibid, para. 835). The Government informed
that they were never arrested.
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Nigeria
Papua New Guinea
This report has been published by Equipo Nizkor and Derechos Human Rights on July 27, 2005.