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Pakistan
1057. By letter dated 2 September 2002, the Special Rapporteur advised the Government that he had received information regarding Ali Asghar Zaidi who had reportedly been arrested by personnel of the Crimes ad Investigations Agency (CIA) on 15 August 2001, in Karachi. He was allegedly taken to the Preedy Police Station where he is reported to have been beaten with batons, in particular, on his chest and knees. As a result, his legs were broken. Due to his alleged critical condition, he was reportedly taken to the hospital where doctors are believed to have confirmed the allegations of torture. He was taken back to the police lock-up where he was allegedly held incommunicado.
1058. By letter dated 2 September 2002 sent jointly with the Special Rapporteur on extrajudicial, summary or arbitrary executions, the Special Rapporteur advised the Government that he had received information on the following individual cases.
1059. Shamshad Ali was reportedly arrested in Gujranwala in December 2001 by Sabzi Mandi police on suspicion of manufacturing valves in the name of another company. He is reported to have fallen unconscious and subsequently died in the police lock-up on 19 December 2001 after having been interrogated.
1060. Muhammad Naseem was reportedly arrested on 1 December 2001 after having been accused of illegal possession drugs. He is reported to have been taken to a police lock-up in Muzaffar Garh where he reportedly died.
1061. Mian Muhammad Arshad, a close friend of Pakistan Peoples Party (PPP) General Secretary, reportedly died in the custody of the National Accountability Bureau (NAB) at Chamba House on late September 2001. The Bureau allegedly claimed the detainee died as a result of the heart attack he suffered while he was interrogated. Marks of injuries on his body and head were allegedly found on his corpse while he was at the city morgue. An initial autopsy found a fracture of three ribs on the left side, a lacerated wound on his left eyebrow, a linear abrasion on his left buttock, a contused swelling on his temporal region and a bruise mark on the nose.
1062. By letter dated 17 October 2002, the Special Rapporteur reminded the Government of a number of cases transmitted in 1999 and 2001 regarding which no reply had been received.
Urgent appeals
1063. On 2 May 2002, the Special Rapporteur sent an urgent appeal on behalf of Elham Tohtam, an Uighur man from Ghulja, Xinjiang Uighur Autonomous Region (XUAR), and two or three other Uighur men, Ablitip Abdul Kadir, Zaher, and Anwar alias Abdul Latif, who had reportedly been arrested on 22 April 2002 in Rawalpindi. Anwar's wife and son are also said to be in custody. They are believed to be detained secretly by the Intelligence Bureau in Rawalpindi. It was feared that they were at risk of imminent forcible return to China around 5 May 2002, where they were believed to be at risk of torture.
1064. On 20 September 2002, the Special Rapporteur sent a joint urgent appeal with the Special Rapporteur on extrajudicial, summary or arbitrary executions regarding intimidation and death threat against Amir Mateen, correspondent in Islamabad of the English-language daily The News. The intimidation of the journalist allegedly began after he had written articles about the Government’s supposed intention of rigging the general election set for 10 October 2002. He reportedly filed a complaint at a police station in Islamabad, but to no avail. He was allegedly openly threatened by secret service agents who warned him that “if [he] did not stop writing against the government, [he] could be physically harmed”. Besides, he was allegedly told that “in view of his heart problems, [he] will not be able to bear a day’s torture”.
1065. On 8 November 2002, the Special Rapporteur sent a joint urgent appeal with the Chairman-Rapporteur of the Working Group on Arbitrary Detention on behalf of Dr. Amir Aziz who had reportedly been arrested on 21 October 2002 in a joint operation of Pakistani intelligence and the United States of America Federal Bureau of Investigation (FBI). His whereabouts were unknown. He was said to be interrogated in connection with suspected links with al Qaeda militants and members of the Talibans. A written petition in the Lahore High Court was filed on 6 November. On 6 November, Pakistani intelligence and FBI agents reportedly detained another three men from Lahore’s Ghurki Hospital. Their whereabouts were unknown.
Follow-up to previously transmitted communications
1066. By letter dated 12 December 2002, the Government responded to a number of cases initially included in previous letters sent by the Special Rapporteur.
1067. Concerning Inderjit Lohana (see E/CN.4/1995/34, para. 520), the Government reported that it was not possible to find trace of the reported incident. According to the Government, neither Inderjeet Lohana nor his brother have ever been under custody of any security force.
1068. Concerning Bebal Khatoon Shirazi (ibid., para. 521), the Government indicated that a judicial enquiry was conducted and that a criminal case was registered on 10 April 1994 at Thatta Police Station. However, the case was dismissed on 30 December 1994 as no evidence had been found to involve law enforcement agents into her death.
1069. Concerning Syed Ali Haider Shah (ibid., para. 525), the Government reported that a post-mortem examination was conducted and its results sent to Dadu District Magistrate. A judicial enquiry revealed that the detainee died of natural cause during interrogation.
1070. Concerning Khan Muhammad Korai (ibid., para. 527), the Government indicated that the Sindh High Court had passed an order on 12 April 1994 that a First Information Report (FIR) be registered against the involved army officers. The complainant, i.e., the deceased’s brother, recorded his stateme nt. The Police sent a summary of the case under “C” class to the SDM, Moro.
1071. Concerning Qalander Bukhsh Brohi (ibid., para. 528), the Government reported that he was seriously injured during an encounter with police.
1072. Concerning Muhammad Arif Khatiyan (ibid., para. 534), the Government indicated that the case had been investigated by the police before being dismissed. According to a doctor of Rajputana Hospital, it was a natural death.
1073. Concerning Muhammad Sarwar (ibid., para. 537), the Government reported that his death was due to cardio-vascular failure of left ventricle of heart. Accordingly, the case was dismissed. The Government also informed the Special Rapporteur that a postmortem examination was performed by a forensic of Thatta Hospital.
1074. Concerning Nazir Ahmed (ibid., para. 538), the Government indicated that an enquiry had been conducted by the Judicial Magistrate of South Karachi. Action was subsequently taken against those found responsible and a minor penalty was imposed.
1075. Concerning Noor Muhammad Qureshi (ibid., para. 539), the Government reported that a FIR was registered against police officers under the directives of Sindh High Court. The case was still under investigation with the Sub-Divisional Police Office of Phulcli at the time of writing.
1076. Concerning Farooq Ahmed (ibid., para. 542), the Government indicated that he had not been detained at any police station of Central District.
1077. Concerning Mohammad Tariq(ibid., para. 543), the Government reported that he had never been detained in North Nazimabad or Taimoria Police Station.
1078. Concerning Shamin (ibid., para. 548), the Government indicated that a FIR had been registered at Peerabad Police Station against three individuals. An investigation was conducted but allegations claimed by the victim were found to be false.
1079. Concerning Iqbal Otho (E/CN.4/1996/35/Add.1, para. 483), the Government reported that he had never been arrested by the Crime Investigation Agency.
1080. Concerning Ghulam Hussain Magsi (ibid., para. 484), the Government confirmed that he had been arrested but denied that he was held in an isolation cell. A judicial enquiry was conducted into his death. Further, a medical report revealed that he died due to strangulation. A criminal case was registered against concerned police officers, who were on court bail pending a decision of the Crime Branch Karachi at the time of writing. It was however concluded that he had committed suicide in the lock-up. Remedy was provided to the heirs of Ghulam Hussain Magsi even to the extent of registering a murder case against the police officers in whose custody the death had occurred.
1081. Concerning Bachal Janwari (ibid., para. 486), the Government indicated that allegations on his death are baseless since he was alive at the time of writing. The Government informed the Special Rapporteur that he was still held at District Jail Larkana, where he had been sent back from the District Jail Dadu on 3 December 1995.
1082. Concerning Zahid Ali Khan (ibid., para. 487), the Government clarified that he was already injured when he was arrested and that an investigation revealed that he had been previously abducted by two men who reportedly tortured him. A FIR was filed against two police officers for probable negligence in handling the detainee. The case was later dismissed when, on the basis of the investigation, the two said officials were not found guilty.
1083. Concerning Rahim Dada Jamali(ibid., para. 488), the Government reported that a FIR was registered at Police Station Dadu but that the case was later dismissed.
1084. Concerning Athar Iqbal Arain (ibid., para. 490), the Government indciated that all injured persons had been transferred to the jail hospital. According to the Government, as none of them was seriously injured, they were discharged from hospital. However, Athar Iqbal Arain died in his cell on 29 July 1994. The Government confirmed that a case was registered against Superintendent Jail and others and was pending in the court of law.
1085. Concerning Aftab Ali Beg (ibid., para. 492), the Government assured the Special Rapporteur that this incident did not take place and that there was no record of similar allegations at Liaquatabad Police Station.
1086. Concerning Jamil Ahmed, Abdul Razzaq, Mamoon Rashid and Mohammad Shahid (ibid., para. 493), the Government indicated that a Judicial Commission has been constituted to probe into the veracity of these allegations.
1087. Concerning Mohammed Saleem Jafri and Nadeem Ahmed (ibid., para. 494), the Government indicated that none of them haf ever been arrested by either the police or rangers.
1088. Concerning Kamran Qureshi (ibid., para. 495), the Government reported that he died during an encounter with police officers and rangers. The Government also said that a Judicial Commission had been constituted to investigate the circumstances of the encounter.
1089. Concerning Kaki (E/CN.4/1997/7/Add.1, para. 354), the Government indicated that a FIR had been registered. However, an investigation later revealed that the complaint filed by the alleged victim’s brother was baseless. According to its results, she was not raped by the soldier mentioned in the complaint. Accordingly, the case had been dismissed.
1090. Concerning Niaz Bibi (ibid., para. 355), the Government reported that he had not been detained. However, it indicated that he had been injured after a quarrel and as a result, was hospitalized.
1091. Concerning Seema Zarin (ibid., para. 356), the Government indicated that she had never been arrested and that therefore allegations of torture were baseless.
1092. Concerning Aslam Subzwari (ibid., para. 357), the Government reported that according to Deputy Inspector General (DIG) of Karachi when the detainee expressed that he was feeling pain in his chest, he was sent to Jinnah Hospital under police custody but he died due to a heart attack. The District Magistrate of Central Karachi ordered an inquiry and an inspector was charged with negligence for the absence of treatment of the detainee. However, the explanation given by the inspector concerned was found satisfactory and he was exonerated. The Government further indicated that a Judicial Commission had been constituted by the Federal Government to investigate the incident.
1093. Concerning Shazia Bano (ibid., para. 358), the Government indicated that according to DIG of Karachi, no raid had ever been conducted at the location referred to in the allegation. According to him, Farooq Dada had been killed in an encounter with police. The Government also confirmed that an enquiry had been launched by the Federal Government for further information.
1094. Concerning Tariq Hussain Rizvi (ibid., para. 359), the Government indicated that the case was pending in court at the time of writing.
1095. Concerning Farhan Effendi (ibid., para. 360), the Government indicated that the case was still pending at the Suppression of Terrorist Activities (STA) Court in Hyderabad at the time of writing.
1096. Concerning Feroze Uddin (ibid., para. 361), the Government reported that according to the investigation conducted by the DIG of Karachi, the allegations of torture transmitted by the Special Rapporteur were not correct. It added that a FIR regarding the incident regarding the firing had been registered at the New Karachi Police Station. Further, the Federal Government constituted a Judicial Commission to investigate the incident.
1097. Concerning Sayeed Hassan (ibid., para. 362), the Government indicated that an investigation conducted by DIG of Karachi had concluded that nobody named Sayeed Hassan had ever been arrested by Buffer Zone Police on 12 December 1995.
1098. Concerning Shahid Delhalvi (ibid., para. 363), the Government reported that an investigation conducted by DIG of Karachi concluded that nobody named Shahid Delhalvi had ever been arrested by any police agency.
1099. Concerning Salim (ibid., para. 368), the Government confirmed that he had been arrested on 11 April 1994 but that allegations of torture were not correct.
1100. Concerning Rashid Ameen (ibid., para. 369), the Government reported that an investigation conducted by the DIG of Karachi had concluded that nobody named Rashid Ameen had ever been arrested by the police in New Karachi and that no complaint had ever been filed with the police.
1101. Concerning Abdus Saboor (ibid., para. 370), the Government replied that an investigation conducted by DIG of Karachi had concluded that nobody named Abdus Saboor had ever been arrested by the police in New Karachi and that no complaint had ever been filed with the police.
1102. Concerning Nasir Bande Ali (ibid., para. 371), the Government confirmed that he had been arrested on 22 May 1996. As he was injured at the time of his arrest, he was taken to Abbassi Shaheed Hospital where he died while he was under treatment. An enquiry was conducted by the Senior District Magistrate of New Karachi but nothing controversial came on record. A Judicial Commission was constituted by the Fedeal Government to investigate the incident.
1103. Concerning Javed Masih (E/CN.4/1998/38/Add.1, para. 292), the Government reported that departmental action has been taken by the police against those officers involved.
1104. Concerning Mohammad Farooq (ibid., para. 239), the Government replied that he had been seriously injured in an exchange of firing with a mobile police party on 5 September 1996 and that he subsequently died on his way to hospital.
1105. Concerning Mohammad Yusuf Jakhrani (ibid., para. 298), the Go vernment reported that according to medical reports, the cause of his death had been a heart failure. Consequently the case had been dismissed.
1106. Concerning Gul Muhammad (E/CN.4/2000/9, para. 831), the Government indicated that on 20 May 1999 six police officers were formally accused in relation with his death.
1107. Concerning Jamil Ahmed (ibid., para. 832), the Government clarified that he had been arrested on 25 February 1999 on suspicion of attempted murder and arson. It further indicated that District and Sessions Judge of Karachi Central has been appointed as Inquiry Officer in consultation with the High Court of Sindh.
1108. Concerning Arman Danish (ibid., para. 833), the Government clarified that he had been arrested on 14 January 1999 for illegal possession of weapons. As he complained about physical discomfort while in police custody, he was taken to a private clinic. On 18 January 1999 he was taken to Abbasi Shaheed Hospital before being released. The Government further indicated that an investigation into his death was later launched. However, the family reportedly did not allow the exhumation of his corpse. A petition connected with this case was still pending and Sindh High Court at the time of writing.
Observations
1109. The Special Rapporteur acknowledges the responses of the Government with
regard to cases brought to the Government’s attention in the past. He nevertheless
notes with concern that no information has been provided on measures taken to
implement the recommendations made by his predecessor after his visit to Pakistan in
1998 (E/CN.4/1997/7/Add.2).
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This report has been published by Equipo Nizkor and Derechos Human Rights on August 2, 2005.