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Pakistan: Two peasants are arrested on fabricated charges the day before they testify in court, another remains missing
Asian Human Rights Commission Urgent Appeal - May 16, 2009 (see sample letter below)
Urgent Appeal Case: AHRC-UAC-050-2009
Dear friends,
The Asian Human Rights Commission (AHRC) has learned that two peasants have been arrested under fabricated charges the day before their long awaited court case against a local criminal. The criminal, who abducted one of the peasant’s brothers, beat his family members and is known for illegal land grabs, has close ties with the police. The AHRC is concerned that the men will be harmed in custody and that their case will be derailed. It is also extremelu concerned for the welfare of the missing man, who was kidnapped in 2005.
Case details: (According to a local NGO)
On 14 May 2009 Mr. Salman Maher, 60, received an instruction from the Session Court to appear before it on May 15, regarding his complaints against Mr. Mithal, an alleged land grabber and police informant. It was a long-awaited summons; Maher had fought for fourteen years to have his case investigated. However moments after the notice was issued, police officers from Naushehro Feroz Station descended on the house and arrested his eldest son, Nizam Din (22), on the charge of stealing a buffalo. Maher himself was elsewhere, but early the next morning the officers returned to arrest him.
Background information:
The conflict between the Maher family and Mithal started in 1995, when the family denied Mithal their eldest daughter’s hand in marriage. Maher was picked up by police shortly afterwards and detained for a week without charge; he was released when a local peasant leader -- also an advisor to the then-Chief Minister of Sindh Province -- intervened.
Mithal himself has been arrested before a number of times in land grabbing cases--one involving the land of former provincial minister --but he has always been released immediately without charge.
Mithal’s campaign against the Mahers continued: he occupied two of their ancestral houses, and in 2005 after the victim wrote complaints to local and provincial authorities, he occupied five acres of land and openly abducted his younger brother Gul Hassan Maher in retaliation. Gul Hassan has not been seen since. Police dismissed Maher’s requests to lodge an FIR (a first information report--necessary for investigation into the case), and when Salman successfully applied to do so in the Naushehro Feroz session court with the help of a lawyer, the court requested the police to investigate but still no action was taken.
Maher continued to write to officials despite threats of further harm from Mithal. Then on 24 April 2009 men working for Mithal allegedly attacked Maher’s house and his family with iron bars and long wooden sticks. His younger son, Dadan Maher,16, was knocked unconscious and remained so for two days in Naushehro Feroz hospital. Hospital authorities refused to give the medical certificate upon the boy’s release, hampering the Mahers’ ability to lodge a criminal case.
Help from human rights activist, Mr. Adam Malik of Action Aid Pakistan generated interest among higher officials, but prompted a new series of threats from Mithal by phone. Complaints to police at Naushehro Feroz Station, where Mr. Nisar Channa is district police officer, were not responded to.
Finally, a session judge of the Naushehro Feroz court instructed both parties to be in court on May 15, 2009, to address the issues in Maher’s applications. Maher and his eldest son are now in the custody of a police station that appears to operate at his tormentor’s request, and which has already fabricated charges, held him illegally and refused him access to the law. The AHRC believes the chances of the men being tortured are high.
Suggested action:
The Asian Human Rights Commission has already written to the UN Special Rapporteur on the Question of Torture, asking for intervention. Please write letters to the following authorities to demand the release of Salman Maher and his son unharmed from illegal detention and the swift investigation and prosecution of those responsible for the attacks, land grabs and abduction. Please also urge the authorities to recover Gul Hassan Maher and arrange compensation for his ordeal.
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Dear __________,
Pakistan: Two peasants are arrested on fabricated charges the day before they testify in court, another remains missing
Names of the victims:
1. Salman Maher, 60. Victim of illegal arrest and detention, fabricated charges and land grabbingNames of the perpetrators:
2. Nizam Uddin Maher, 22, son of Salman Maher. Victim of illegal arrest and detention, fabricated charges and land grabbing
3. Dadan Mehar, 16, son of Salman Maher. Victim of attack, also denied his medical report by the hospital
All resident at Dost Mohammad Vistro Goth, Naushehro Feroz, District Naushehro Feroz, Sindh province, PAKISTAN
1.Mithal Maher, land lord. A resident of Dost Mohammad Vistro Goth, Naushehro Feroz, Naushehro Feroz district, Sindh province, PAKISTANDate of incident: May 14, 2009
2.Mr. Nisar Channa, District Police Officer, District Naushehro Feroz, Sindh province, PAKISTAN
3.Station Head police officer, Naushehro Feroz police station, Naushehro Feroz district, Sindh province, PAKISTAN
Place of incident: Naushehro Feroz district, Sindh province
I am concerned to hear that, despite Pakistan’s recent return to a democratic government and the general devolution of power, the police of Naushehro Feroz appear to be working at the behest of notorious local criminals. They are reportedly responsible for a series of illegal arrests and detainments and have consistently refused to help civilians lodge complaints against local figures of power. This seems so in the case of Mr Salman Maher.
According to the information I have received, Mr Maher, 60, was instructed to attend the Naushero Feroz session court on May 15, regarding his complaints against Mr. Mithal, an alleged land grabber and police informant. It was a long-awaited summons; Maher has fought for fourteen years to have his case investigated. However moments after the notice was issued, police officers from Naushehro Feroz Station descended on the house and arrested his eldest son, Nizam Din (22), on the charge of stealing a buffalo. Maher himself was elsewhere, but early the next morning the officers returned and he was arrested.
The conflict between the Maher family and Mithal started in 1995, when the family denied Mithal their eldest daughter’s hand in marriage. Maher was picked up by police shortly afterwards and detained for a week without charge; he was released when a local peasant leader--also an advisor to the then-Chief Minister of Sindh Province--intervened.
You’ll find that Mithal himself has been arrested before a number of times in land grabbing cases--one involving the land of former provincial minister--but he has always been released immediately without charge.
Mithal’s campaign against the Mahers continued: he occupied two of their ancestral houses, and in 2005 after the victim wrote complaints to local and provincial authorities, he occupied five acres of land and openly abducted his younger brother Gul Hassan Maher in retaliation. Gul Hassan has not been seen since. Police dismissed Maher’s requests to lodge an FIR (a first information report, necessary for investigation into the case), and when Salman successfully applied to do so in the Naushehro Feroz session court with the help of a lawyer, and the court requested the police to investigate, still no action was taken.
Maher continued to write to officials despite threats of further harm from Mithal. Then on 24 April 2009 men working for Mithal allegedly attacked Maher’s house and his family with iron bars and long wooden sticks. His younger son, Dadan Maher,16, was knocked unconscious and remained so for two days in Naushehro Feroz hospital. Hospital authorities refused to give the medical certificate upon the boy’s release, hampering the Mahers’ ability to lodge a criminal case.
Help from human rights activist, Mr. Adam Malik of Action Aid Pakistan generated interest among higher officials, but prompted a new series of threats from Mithal by phone. Complaints to police at Naushehro Feroz Station, where Mr. Nisar Channa is district police officer, were not responded to.
Finally a session judge of the Naushehro Feroz court instructed both parties to be in court on 15 May 2009, to address the issues in Maher’s applications. But Maher and his eldest son are now in the custody of a police station that appears to operate at his tormentor’s request, and which has already fabricated charges, held him illegally and refused him access to the law. NGO workers involved with the case believe that the men will likely be tortured at Mithal’s request.
I urge your immediate intervention into this case to protect Salman Maher and his family members from further grave injustices. He and Nizam Uddin Maher should be released immediately from illegal detention and left to pursue their hard-won complaints in court. It is unacceptable that a local figure like Mr Mithal be allowed to openly abduct individuals, illegally occupy land and attack entire families, including children, without any investigation being attempted. It appears that at Naushehro Feroz police station justice can be bought.
A thorough investigation must be done into the operation of Naushehro Feroz police station, and officers who have been negligent or actively obstructed justice must be swiftly disciplined and dismissed. It seems that the rest may need to be trained on basic criminal procedure and the rule of law.
An investigation into the abduction and continued disappearance of Gul Hassan Maher must also be launched immediately and every effort made to find the man. His captors must be brought before the law and he must be offered appropriate rehabilitation and compensation for his ordeal.
Yours sincerely,
Please send your letters to:
1. Mr. Syed Yousaf Raza Gillani
Prime minister of Pakistan
Prime Minister House
Islamabad
PAKISTAN
Fax: + 92 51 9221596
2. Syed Qaim Ali Shah
Chief Minister House
Karachi, Sindh Province
PAKISTAN
Fax: +92 21 920 2000
E-mail: pppsindh@yahoo.com
3. Mr. Muhammad Ayaz Soomro
Minister for Law, Parliamantry
Affairs & Criminal Prosecution Service
Sindh Assembly Building,
Court road, Karachi, Sindh
province
PAKISTAN
Fax: +92 21 9211982
E-mail: secy.law@sindh.gov.pk
4. Chief Justice of Sindh
High Court
High Court Building
Saddar, Karachi
Sindh Province
PAKISTAN
Fax: +92 21 9213220
E-mail: info@sindhhighcourt.gov.pk
5. Ms. Nadia Gabol
Minister for Human Rights
Government of Sindh,
Pakistan secretariat, Barrack
92,
Karachi, Sindh Province
PAKISTAN
Fax: +92 21 9207044
Tel: +92 21 9207043
E-mail: lukshmil@yahoo.com
6. Dr. Faqir Hussain
Registrar
Supreme Court of Pakistan
Constitution Avenue, Islamabad
PAKISTAN
Fax: + 92 51 9213452
E-mail: mail@supremecourt.gov.pk
7. Inspector General of Police
Sindh Province,
Police Head office, I. I.
Chundrigar road
Karachi, Sindh Province
PAKISTAN
Fax: +92 21 9212051
E-mail: ppo.sindh@sindhpolice.gov.pk
Thank you.
Urgent Appeals Programme
Asian Human Rights Commission
(ua@ahrchk.org)
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