PAKISTAN: Appeal to act against the rapists and killers of a minor Kashmiri

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ISSUES: Gang rape, right to child, impunity, policing system, no rule of law

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International Human Rights Council

Urgent Action Case -002 -2018

Date: 11 May 2018

Dear Friends,

The International Human Rights Council (IHRC-HK) has received information from regarding the abduction, brutal murder and gang rape of a 15-year-old teenage girl, Faiza Bashir from Pakistani Kashmir. Her dead body was found near a water pond. The police have yet not registered the case after the passing of one and half month. The rapists are said to be influential goons of the timber mafia, having political clout amongst the locals and protected by the local police. The police have purportedly taken bribes from the murderer in exchange for his safe exit.

Case Details

The information was received from Sardar Shaukat Ali Kashmiri, the chairman of United Kashmir People’s National Party (UKPNP) who is living in exile in Switzerland and Mr. Muhammad Basheer, the father of the victim.

According to the information, Faiza Bashir was a resident of Village Ali Sojal, in District Poonch, Azad Kashmir when she was abducted by four goons of the timber mafia which is run by a local political leader belonging to the former ruling party of Pakistani Kashmir. She was taken from near her home on 14th March 2018.

Her family searched everywhere for her but to no avail, the Abbaspur police was notified of the abduction on 17th March. On 23rd March at around mid-noon her dead body was recovered from a pond, the body bore torture marks while there was a large gash on the side of her neck from which, as per a witness account, blood was still oozing out.

According Mr. Bashir, the family had to collect funds from their friends and relatives to pay for the post mortem of the deceased girl as the police had refused to file a first information report (FIR) without the report. Despite having paid for the report in full, the post mortem report has still not been released to the family who accuse the police and timber mafia of influencing the district hospital to withhold the report.

The police in connivance with the perpetrators is deploying delaying tactics to create discrepancies in the report making conviction improbable and thus allowing the perpetrators to go scot free. The police have, to-date, not filed any FIR let alone investigated or arrested the culprits.

The police are unable to locate the alleged main rapist who, according to the victim’s family is a close friend of Sajid, who belongs to Loar tribe. The father of the girl who works in Karachi as a guard at a local factory says that though the police officers assured him of justice at the funeral, he was shocked to see the behavior of the same officers two days later when they flatly refused to file the FIR. The disheartened father who had to bury his young daughter was asked to furnish proof of murder.

Criminal jurisprudence dictates that the responsibility of investigation of murder vests with the police. However, in the current instance the family is expected to furnish evidence and collect samples from the scene of crime.

The tragic death of young girl in such mysterious circumstances is deplorable and condemnable.  The local authorities should take up the case as top priority and apprehend the perpetrators. 

Suggested Action

Please write letters to the following authorities calling them to take immediate actions against rapists and killers of a minor girl of 15 years, simultaneously an inquiry against the concerned police officials of Poonch district for supporting rapists and killers and Choudhry Gulshan who runs the timber mafia. The family of the girl must be provided compensation, protection from the goons of police and settle the family of victim. 

Sample Letter:

PAKISTAN: Appeal to act against the rapists and killers of a minor Kashmiri 

Victim’s name:  Faiza Bashir.
Daughter of : Muhammad Bashir.
Age : 15 years old.
Date of disappearance :  14th March -2018
Place of disappearance : Village Ali Sojal, in District Poonch . Pakistani Occupied Kashmir.
Dead body recovered : 23rd of March-2018 evening time.
Place of the discovery:  Pool of water.

I have received information from regarding the abduction, brutal murder and gang rape of a 15-year-old teenage girl, Faiza Bashir from Pakistani Kashmir. Her dead body was found near a water pond. The police have yet not registered the case after the passing of one and half month. The rapists are said to be influential goons of the timber mafia, having political clout amongst the locals and protected by the local police. The police have purportedly taken bribes from the murderer in exchange for his safe exit.

According to the information, Faiza Bashir was a resident of Village Ali Sojal, in District Poonch, Azad Kashmir when she was abducted by four goons of the timber mafia which is run by a local political leader belonging to the former ruling party of Pakistani Kashmir. She was taken from near her home on 14th March 2018.

Her family searched everywhere for her but to no avail, the Abbaspur police was notified of the abduction on 17th March. On 23rd March at around mid-noon her dead body was recovered from a pond, the body bore torture marks while there was a large gash on the side of her neck from which, as per a witness account, blood was still oozing out.

According Mr. Bashir, the victim’s father, the family had to collect funds from their friends and relatives to pay for the post mortem of the deceased girl as the police had refused to file a first information report (FIR) without the report. Despite having paid for the report in full, the post mortem report has still not been released to the family who accuse the police and timber mafia of influencing the district hospital to withhold the report.

It is becoming increasingly apparent that the police, in connivance with the perpetrators is deploying delaying tactics to create discrepancies in the report making conviction improbable and thus allowing the perpetrators to go scot free. The police have, to-date, not filed any FIR let alone investigated or arrested the culprits.

The police are unable to locate the alleged main rapist who, according to the victim’s family is a close friend of Sajid, who belongs to Loar tribe. The father of the girl who works in Karachi as a guard at a local factory says that though the police officers assured him of justice at the funeral, he was shocked to see the behavior of the same officers two days later when they flatly refused to file the FIR. The disheartened father who had to bury his young daughter was asked to furnish proof of murder.

It should not be necessary to remind the police that they are the guardians of law and order. Criminal jurisprudence dictates that the responsibility of investigation of murder vests with the police. However, in the current instance the family is expected to furnish evidence and collect samples from the scene of crime.

I urge you to take action to force the police to carry out their legal duties. They must apprehend the rapist/murderers and bring them to justice immediately. The family of the victim, 15 year-old Faiza Bashir, deserve nothing less from the authorities.

PLEASE SEND YOUR LETTERS TO:

1.Raja Muhammad Farooq Haider Khan
Prime Minister Secretariat Azad Jammu and Kashmir,
Muzaffarabad and Kashmir House,
Islamabad, PAKISTAN
Fax: +92 5822 921607
Email: info@ajk.gov.pk 

2. Mr. Mian Nawaz Sharif
Prime Minister
Prime Minister House
Islamabad
PAKISTAN
Fax: +92 51 922 1596
E-mail: secretary@cabinet.gov.pk or pspm@pmsectt.gov.pk

3. Chaudhry Nisar Ali Khan
Federal Minister for Interior
R Block, Pak Secretariat
Islamabad
PAKISTAN
Fax: +92 51 9202624
Email: interior.complaintcell@gmail.com or ministry.interior@gmail.com

4. Mr. Kamran Michael
Minister For Human Rights
Through Secretary, Ministry of Human Right
ministry of human rights
State Life Building No. 5, Blue Area, Jinnah Avenue, China Chowk,
Islamabad
Tel: 051-9216620,
Fax: 051-9216621,
Email: secretary@mohr.gov.pk

5. Mr. Tahir Shahbaz
Registrar
Supreme Court of Pakistan
Constitution Avenue, Islamabad
PAKISTAN
Fax: +92 51 9213452
Email: mail@supremecourt.gov.pk

International Human Rights Council HK is a regional human rights oragnisation, work towards to promoting peace, equality, fundamental rights and social justice as enunciated in the UN Human Rights Charter and other instruments of Human Rights. www.ihrchk.org 



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