Pakistan
28.05.04
Urgent Interventions
Pakistan: arrest of perpretrators of killing in the name of honour, threat of an investigator
Case PAK 110504.1.VAW.CC
Violence against women / Child Concern
Extrajudicial killing / Killing in the Name of Honour
The International Secretariat of OMCT requests your URGENT intervention in the following situation in Pakistan.
Brief description of the situation
The International Secretariat of OMCT has received updated information from the Asian Human Rights Commission, a member of the OMCT network, on the case of two teenage girls killed in the instance of “honour killings” (Case PAK 110504.VAW.CC). Apparently, after an urgent appeal was issued and the local police station notified, the police assigned two policemen to provide security to the complainants and witnesses in the case. The police also took action in the case, arresting three of the suspects, conducting an investigation that led to the discovery of the bodies and providing protection for the family.
According to the information received, on 17 May 2004, the police obtained an eight-day physical remand of three accused suspects of the murder of two girls, Aabida Bhutto (18 year old) and Tehmina Bhutto (17 year old), killed in a Shikarpur village on the pretext of honour killing. The police first produced accused Hajji Nazeer, Hajji Shafi Mohammad and Sulaiman in the anti-terrorism court, Sukkur, but judge Riaz Rajput refused to give the remand as the case did not fall under the anti-terrorism law. He directed the police to obtain remand from the judicial magistrate. Later, the police brought the accused to the judicial magistrate at Shikarpur and obtained remand.
On 26 May 2004, the police again tried to challenge the case in the anti-terrorism court by attaching more supporting documents and other evidence, arguing that these murders were not simple murder cases but have also created fear and insecurity to the family and the community. Now the police is trying to punish the perpetrators of honour killing in an effort to make an example of them.
However, six other accused persons including Abdul Rasheed Bhutto, who made the decision to kill the victims, are still at large in this double murder case. Furthermore, according to the information received, the District Investigation officer, Mr. Fida Hussain Mastoi, who is dealing with this case has been pressured politically and there is apprehension that he maybe be transferred to another place. A human rights group expressed its concern that he can be transferred at any time as all the ministers and members of Parliament of this area are feudal lords.
In the meantime, a number of people held a demonstration against the murder of Tahmeena and Aabida on 18 May 2004, and demanded the immediate arrest of the other six perpetrators and that severe steps be taken against the persons who organized the Jirga even though it has been banned by the High Court of Sindh in Pakistan.
The identity of the perpetrators is as follows:
(1) Abdul Rasheed s/o Hajji Ghulam Nabi (landlord who made the decision to kill the victims)
(2) Younis s/o Allah Ditto
(3) Jamaluddin s/o Hajji Shafi Mohammad
(4) Hajji Abdul Karim s/o Allah Warayo
(5) Ghulam Sarwar s/o Ghulam Rasool
(6) Sanaullah s/o Moulvi Abdul Rehman
(7) Sulaiman s/o Hajji Islam (Arrested)
(8) Hajji Nazeer s/o Abdul Khalique (Arrested)
(9) Haajji Shafi Mohammad s/o Hajji Hurmal (Arrested)
OMCT welcomes the arrest of three of the nine suspects who murdered the two girls, Tahmeena and Aabida, in a Shikarpur village on the pretext of honor killing and the investigation that led to the discovery of the bodies and the protection for the victims' family.
Nevertheless six of the alleged perpetrators have not been arrested yet even though their identity is known. OMCT firmly condemns these killings in the name of honour and calls upon the government of Pakistan to investigate, prosecute and punish all the perpetrators. OMCT recalls that the Declaration on the Elimination of Violence against Women, in article 4(c), states that States should “exercise due diligence to prevent, investigate and, in accordance with national legislation, punish acts of violence against women, whether those acts are perpetrated by the State or by private persons.” OMCT also recalls that as a State Party to the Convention on the Rights of the Child, Pakistan is bound by article 19.1 “take all appropriate legislative, administrative, social and educational measures to protect the child from all forms of physical or mental violence, injury or abuse, (…) while in the care of parent(s), legal guardian(s) or any other person who has the care of the child.” OMCT further reminds the government that it is a State Party to the Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW).
Reminder of the situation
According to the information received, on May 4, 2004 Ms Tahmeena (17) and Ms Aabida (18), who are cousins, were shot to death after having been accused of having “loose morals” for having visited their grandparents without permission. The decision to kill the girls was taken in a tribal jirga, convened amongst the perpetrators and led by Mr. Abdul Rasheed, the tribal chief and a powerful landlord in the village.
The two girls left on May 1 and two search groups went to look for them the following day. The second group included Abdul Rasheed, the chief of the tribe, found the girls who were then brought in his residence at Lakhi gate in Shikarpur. When Fazaluddin, Hidayatullah (brothers of Tashmeena) and Dad Mohammad (father of Aabida) asked Abdul Rasheed where the girls were, the chief told them to go through the village and that he would arrive with the girls. The relatives arrived to the place only after midnight on May 4 and met the perpetrators with the girls. The perpetrators told the relatives to kill the girls because they had "loose morals", having visited their grandparents without first getting family permission. Fazaluddin, Hidayatullah, and Dad Mohammad reportedly begged them not to kill the girls. Nevertheless, the perpetrators shot the girls and then took the bodies in order to cover up their crime.
Despite the perpetrators reportedly threatened the witnesses with death if they were to complain to the police, the witnesses decided to report the killings to the police at the police station in New Faojdari. It was reported that the police had done nothing to investigate this case, and had taken no action to protect the family members who lodged the complaint.
Crimes against women and girls committed in the name of honour are gender-specific forms of violence that are either approved or supported by States in many parts of the world. OMCT is gravely concerned by the many reports it has received in the past months about women in Pakistan who are killed by their family members as they are suspected of “dishonourable” behavior (see also OMCT’s urgent appeals of this year: PAK 120204 VAW, 230304 VAW, 080404 VAW. CC and 220404.VAW). According to the information received, male relatives who commit such murders in Pakistan are rarely prosecuted in traditional communities. It appears that behaviour of women which is seen as compromising family or tribal “honour” is considered a valid reason to commit murder.
The information also indicates that cases of crimes committed in the name of honour are generally ruled by the landlords (Jirga-tribal court) in the Sindh Province rather than by the courts of law. The victim's families are generally not pursuing the cases at the courts of law due to the costly and lengthy process of getting justice through the government’s judicial system, while the traditional justice system (Jirga-tribal court) arrives at a settlement within a few days. This traditional system has been practiced for a long time and it is commonly accepted. However, most of the cases under the tribal court are disposed compoundable under the Ordinance of Qisas and Dayat, whereby the offender can escape punishment by providing compensation to the victim's family. In many cases of honour crimes, the victim’s family often compromises with the accused, after receiving pressure from society.
On April 23, 2004 the High Court of the Sindh Province declared all tribal jirgas illegal, and strictly banned any efforts to organize or arrange any type of jirga. Despite this decision, as indicated by the horrific case detailed above, the organisation of jirgas continues.
Action requested
Please write to the authorities in Pakistan urging them to:
i. order a thorough and impartial investigation into the circumstances of these killings, in order to identify all those responsible, bring them to trial and apply the penal and/or administrative sanctions as provided by law;
ii. guarantee that adequate reparation is provided to the family of the victims;
iii. continue providing protection for the family, the complainants and the witnesses;
iv. put an immediate end to the harassment and political pressure to which Mr. Fida Hussain Mastoi, the District Investigation officer, is being subjected;
v. guarantee the respect of human rights and the fundamental freedoms throughout the country in accordance with national laws and international human rights standards.
Addresses
President, Pervez Musharraf, Pakistan Secretariat, Islamabad, Pakistan, Fax: + 92 51 9224768 / 9224836 , E-mail: CE@pak.gov.pk
Minister of Foreign Affairs, Mian Khursheed Mahmud Kasuri, Ministry of Foreign Affairs, Constitution Avenue, Islamabad, Pakistan, Fax: +92 51 920 2518/922 4205/4206, E-mail: pak.fm@usa.net
Minister for the Interior, Mr. Moinuddin Haider, Faisal Saleh Hayat, Ministry of Interior, Block R, Federal Secretariat, Islamabad, Pakistan, Fax: +92 51 9202624, E-mail: minister@interior.gov.pk, secretary@interior.gov
Zaman Khan, Complaint Cell, National Human Rights Commission of Pakistan, Aiwan-i-Jahmoor, 107-Tipu Block, New Garden Town, Lahore-54600, PAKISTAN, Fax: +92 42 588-3582, E-mail: zaman@hrcp-web
Syed Sultan Shah, Joint Secretary for Law, Justice and Human Rights, Fax: + 92 51 9203119
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
Mr. Sayed Kamal Shah, Provincial Police Officer, Sindh Police, Central Police Office, Karachi, PAKISTAN , Telephone: +92 21 9212626-7, Fax: +92 21 9212051
Mr. Rahoo Khan Brohi, Regional Police Officer, Sukkur Region, Airport Road, Sukkur, PAKISTAN, Telephone: +92 71 30547, 30248, Fax: +92 71 31824
Mr. Khameeso Khan Memon, DPO District Shikarpur, Police Headquarters, Shikarpur, PAKISTAN, Telephone: +92-761-515077, 512309, Fax: +92-761-512369
Ambassadeur Umer Shaukat, Rue de Moillebeau 56 (4ème) - CP 434, CH-1211, Genève 19, Suisse, E-mail: mission.pakistan@ties.itu.int, Fax: +41 22 734 80 85
Please also write to the embassies of Pakistan in your respective country.
Geneva, May 27, 2004
Kindly inform us of any action undertaken quoting the code of this appeal in your reply.
Violence against women / Child Concern
Extrajudicial killing / Killing in the Name of Honour
The International Secretariat of OMCT requests your URGENT intervention in the following situation in Pakistan.
Brief description of the situation
The International Secretariat of OMCT has received updated information from the Asian Human Rights Commission, a member of the OMCT network, on the case of two teenage girls killed in the instance of “honour killings” (Case PAK 110504.VAW.CC). Apparently, after an urgent appeal was issued and the local police station notified, the police assigned two policemen to provide security to the complainants and witnesses in the case. The police also took action in the case, arresting three of the suspects, conducting an investigation that led to the discovery of the bodies and providing protection for the family.
According to the information received, on 17 May 2004, the police obtained an eight-day physical remand of three accused suspects of the murder of two girls, Aabida Bhutto (18 year old) and Tehmina Bhutto (17 year old), killed in a Shikarpur village on the pretext of honour killing. The police first produced accused Hajji Nazeer, Hajji Shafi Mohammad and Sulaiman in the anti-terrorism court, Sukkur, but judge Riaz Rajput refused to give the remand as the case did not fall under the anti-terrorism law. He directed the police to obtain remand from the judicial magistrate. Later, the police brought the accused to the judicial magistrate at Shikarpur and obtained remand.
On 26 May 2004, the police again tried to challenge the case in the anti-terrorism court by attaching more supporting documents and other evidence, arguing that these murders were not simple murder cases but have also created fear and insecurity to the family and the community. Now the police is trying to punish the perpetrators of honour killing in an effort to make an example of them.
However, six other accused persons including Abdul Rasheed Bhutto, who made the decision to kill the victims, are still at large in this double murder case. Furthermore, according to the information received, the District Investigation officer, Mr. Fida Hussain Mastoi, who is dealing with this case has been pressured politically and there is apprehension that he maybe be transferred to another place. A human rights group expressed its concern that he can be transferred at any time as all the ministers and members of Parliament of this area are feudal lords.
In the meantime, a number of people held a demonstration against the murder of Tahmeena and Aabida on 18 May 2004, and demanded the immediate arrest of the other six perpetrators and that severe steps be taken against the persons who organized the Jirga even though it has been banned by the High Court of Sindh in Pakistan.
The identity of the perpetrators is as follows:
(1) Abdul Rasheed s/o Hajji Ghulam Nabi (landlord who made the decision to kill the victims)
(2) Younis s/o Allah Ditto
(3) Jamaluddin s/o Hajji Shafi Mohammad
(4) Hajji Abdul Karim s/o Allah Warayo
(5) Ghulam Sarwar s/o Ghulam Rasool
(6) Sanaullah s/o Moulvi Abdul Rehman
(7) Sulaiman s/o Hajji Islam (Arrested)
(8) Hajji Nazeer s/o Abdul Khalique (Arrested)
(9) Haajji Shafi Mohammad s/o Hajji Hurmal (Arrested)
OMCT welcomes the arrest of three of the nine suspects who murdered the two girls, Tahmeena and Aabida, in a Shikarpur village on the pretext of honor killing and the investigation that led to the discovery of the bodies and the protection for the victims' family.
Nevertheless six of the alleged perpetrators have not been arrested yet even though their identity is known. OMCT firmly condemns these killings in the name of honour and calls upon the government of Pakistan to investigate, prosecute and punish all the perpetrators. OMCT recalls that the Declaration on the Elimination of Violence against Women, in article 4(c), states that States should “exercise due diligence to prevent, investigate and, in accordance with national legislation, punish acts of violence against women, whether those acts are perpetrated by the State or by private persons.” OMCT also recalls that as a State Party to the Convention on the Rights of the Child, Pakistan is bound by article 19.1 “take all appropriate legislative, administrative, social and educational measures to protect the child from all forms of physical or mental violence, injury or abuse, (…) while in the care of parent(s), legal guardian(s) or any other person who has the care of the child.” OMCT further reminds the government that it is a State Party to the Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW).
Reminder of the situation
According to the information received, on May 4, 2004 Ms Tahmeena (17) and Ms Aabida (18), who are cousins, were shot to death after having been accused of having “loose morals” for having visited their grandparents without permission. The decision to kill the girls was taken in a tribal jirga, convened amongst the perpetrators and led by Mr. Abdul Rasheed, the tribal chief and a powerful landlord in the village.
The two girls left on May 1 and two search groups went to look for them the following day. The second group included Abdul Rasheed, the chief of the tribe, found the girls who were then brought in his residence at Lakhi gate in Shikarpur. When Fazaluddin, Hidayatullah (brothers of Tashmeena) and Dad Mohammad (father of Aabida) asked Abdul Rasheed where the girls were, the chief told them to go through the village and that he would arrive with the girls. The relatives arrived to the place only after midnight on May 4 and met the perpetrators with the girls. The perpetrators told the relatives to kill the girls because they had "loose morals", having visited their grandparents without first getting family permission. Fazaluddin, Hidayatullah, and Dad Mohammad reportedly begged them not to kill the girls. Nevertheless, the perpetrators shot the girls and then took the bodies in order to cover up their crime.
Despite the perpetrators reportedly threatened the witnesses with death if they were to complain to the police, the witnesses decided to report the killings to the police at the police station in New Faojdari. It was reported that the police had done nothing to investigate this case, and had taken no action to protect the family members who lodged the complaint.
Crimes against women and girls committed in the name of honour are gender-specific forms of violence that are either approved or supported by States in many parts of the world. OMCT is gravely concerned by the many reports it has received in the past months about women in Pakistan who are killed by their family members as they are suspected of “dishonourable” behavior (see also OMCT’s urgent appeals of this year: PAK 120204 VAW, 230304 VAW, 080404 VAW. CC and 220404.VAW). According to the information received, male relatives who commit such murders in Pakistan are rarely prosecuted in traditional communities. It appears that behaviour of women which is seen as compromising family or tribal “honour” is considered a valid reason to commit murder.
The information also indicates that cases of crimes committed in the name of honour are generally ruled by the landlords (Jirga-tribal court) in the Sindh Province rather than by the courts of law. The victim's families are generally not pursuing the cases at the courts of law due to the costly and lengthy process of getting justice through the government’s judicial system, while the traditional justice system (Jirga-tribal court) arrives at a settlement within a few days. This traditional system has been practiced for a long time and it is commonly accepted. However, most of the cases under the tribal court are disposed compoundable under the Ordinance of Qisas and Dayat, whereby the offender can escape punishment by providing compensation to the victim's family. In many cases of honour crimes, the victim’s family often compromises with the accused, after receiving pressure from society.
On April 23, 2004 the High Court of the Sindh Province declared all tribal jirgas illegal, and strictly banned any efforts to organize or arrange any type of jirga. Despite this decision, as indicated by the horrific case detailed above, the organisation of jirgas continues.
Action requested
Please write to the authorities in Pakistan urging them to:
i. order a thorough and impartial investigation into the circumstances of these killings, in order to identify all those responsible, bring them to trial and apply the penal and/or administrative sanctions as provided by law;
ii. guarantee that adequate reparation is provided to the family of the victims;
iii. continue providing protection for the family, the complainants and the witnesses;
iv. put an immediate end to the harassment and political pressure to which Mr. Fida Hussain Mastoi, the District Investigation officer, is being subjected;
v. guarantee the respect of human rights and the fundamental freedoms throughout the country in accordance with national laws and international human rights standards.
Addresses
President, Pervez Musharraf, Pakistan Secretariat, Islamabad, Pakistan, Fax: + 92 51 9224768 / 9224836 , E-mail: CE@pak.gov.pk
Minister of Foreign Affairs, Mian Khursheed Mahmud Kasuri, Ministry of Foreign Affairs, Constitution Avenue, Islamabad, Pakistan, Fax: +92 51 920 2518/922 4205/4206, E-mail: pak.fm@usa.net
Minister for the Interior, Mr. Moinuddin Haider, Faisal Saleh Hayat, Ministry of Interior, Block R, Federal Secretariat, Islamabad, Pakistan, Fax: +92 51 9202624, E-mail: minister@interior.gov.pk, secretary@interior.gov
Zaman Khan, Complaint Cell, National Human Rights Commission of Pakistan, Aiwan-i-Jahmoor, 107-Tipu Block, New Garden Town, Lahore-54600, PAKISTAN, Fax: +92 42 588-3582, E-mail: zaman@hrcp-web
Syed Sultan Shah, Joint Secretary for Law, Justice and Human Rights, Fax: + 92 51 9203119
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
Mr. Sayed Kamal Shah, Provincial Police Officer, Sindh Police, Central Police Office, Karachi, PAKISTAN , Telephone: +92 21 9212626-7, Fax: +92 21 9212051
Mr. Rahoo Khan Brohi, Regional Police Officer, Sukkur Region, Airport Road, Sukkur, PAKISTAN, Telephone: +92 71 30547, 30248, Fax: +92 71 31824
Mr. Khameeso Khan Memon, DPO District Shikarpur, Police Headquarters, Shikarpur, PAKISTAN, Telephone: +92-761-515077, 512309, Fax: +92-761-512369
Ambassadeur Umer Shaukat, Rue de Moillebeau 56 (4ème) - CP 434, CH-1211, Genève 19, Suisse, E-mail: mission.pakistan@ties.itu.int, Fax: +41 22 734 80 85
Please also write to the embassies of Pakistan in your respective country.
Geneva, May 27, 2004
Kindly inform us of any action undertaken quoting the code of this appeal in your reply.