Pakistan
08.10.03
Urgent Interventions

Pakistan: death in detention of Mr. Zafar Iqbal as a result of torture

Case PAK 081003
Torture / Death in detention / Extrajudicial execution / Impunity

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 been informed by the Asian Human Rights Commission (AHRC), a member of the OMCT network, of the death of Mr. Zafar Iqbal, who had been in police custody in connection with a house robbery attempt, which allegedly resulted from torture at the hands of police officers from the Westridge Police Station in Rawalpindi Division, Pakistan.

According to the information received, on September 30th, 2003, three robbers reportedly entered the house of Dr. Rauf on Iqbal Road. One of the robbers, identified as Zafar Iqbal, was overpowered by the family members and neighbours, and handed over to the Westridge Police Station. The other two accomplices however, have escaped. Since Zafar was handed over to the Station House Officer (SHO) of the Westridge Police Station on September 30, neither was there any First Information Report (FIR) registered against him, nor was he produced before the court. The police claimed that they released Zafar Iqbal. However, it is believed that he died in police custody as a result of torture and that his body has been disposed of. The victim's body has not yet been found.

The Superintendent of the Police (SP), Inayatullah Farooqi, who was identified as a complainant in the FIR lodged against the policemen, said that he could not find Zafar Iqbal during his inspection of the police station. He said there was no record of the arrest of the accused in the police station and the SHO concerned also failed to give a satisfactory reply regarding his whereabouts.

Mr. Israr Ahmed, the Deputy Inspector General (DIG) of Rawalpindi Division, has reportedly ordered the registration of a murder case against the responsible police officers. The FIR No. 454 said: "It is suspected that the body of the man has been vanished after he was killed." The SHO of Westridge police station, Waqar Azeem, and two constables, Abbas, and Naeem, were taken into custody and a FIR was registered on September 6th, 2003, on charges of abduction and hiding a person under the pretext of killing him. However, there remain serious concerns that these measures will not lead to convictions, despite the Pakistani Government having started a police reform project in 2001, funded by the World Bank, called the "Access to Justice Program" which so far is reportedly failing to reach its objectives. Two similar cases, in which two suspects were killed in police custody, occurred last month in the same division. However, the police failed to conduct a thorough investigation and bring the perpetrators to justice. The alleged perpetrators have not yet been punished.

The International Secretariat of OMCT is gravely concerned by these allegations of torture, which have allegedly resulted in the death of Mr. Zafar Iqbal, as well as the apparent impunity enjoyed by the perpetrators of these acts. OMCT welcomes the registering of a case against the alleged perpetrators, but remains concerned that this will not result in them being brought to justice, as the system has failed in two previous cases in the same police division last month. OMCT calls on the authorities to locate the whereabouts of the victim's body, ensure that the perpetrators are brought to justice and provide adequate reparation to the victim's family.

Action requested

Please write to the authorities in Pakistan urging them to:

i. immediately locate the whereabouts of Mr. Zafar Iqbal;
ii. order a thorough and impartial investigation into the circumstances of these events, in order to identify those responsible, bring them to trial and apply the penal and/or administrative sanctions as provided by law;
iii. guarantee that adequate reparation is provided to the victim’s family;
iv. 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 51 922 4768 / 920 1893 or 1835 , 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
· Home Secretary, Government of Punjab, Fax: +92 42 9211732
· 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, October 8th, 2003

Kindly inform us of any action undertaken quoting the code of this appeal in your reply.