PAKISTAN: GIRL’S ACCOUNT RE-OPENS CUSTODY FIGHT FOR SISTERS

<http://www.compassdirect.org/en/display.php?page=news&lang=en&length=long&idelement=5659>http://www.compassdirect.org/en/display.php?page=news&lang=en&length=long&idelement=5659


10-year-old says Muslim captors abused her and 
sister, forced them to convert to Islam.

ISTANBUL, Turkey, October 24 (Compass Direct 
News) – Lawyers for two underage Christian 
sisters who were kidnapped plan to renew a 
custody fight for the older girl, a 13-year-old 
allegedly coerced into marrying her captor, based 
on new statements from her 10-year-old sister 
that they were raped and forced to convert to Islam.

The plans come after the court last month allowed 
13-year-old Saba Masih to decide whether to 
return to her parents or remain with her husband; 
apparently still terrified from death threats, 
she chose to remain with her captor. Amjad Ali 
married Saba Masih shortly after the girls were kidnapped on June 26.

In the Sept. 9 ruling the court ordered the 
return of her 10-year-old sister, Aneela Masih, 
to her parents, a move lawyers hail as a rare and 
significant victory for human rights in Pakistan.

Since her release Aneela Masih has told her 
uncle, Khalid Raheel, previously unknown details 
of the sisters’ capture, including rape and 
forced conversion to Islam, according to the 
Centre for Legal Aid Assistance and Settlement (CLAAS).

Aneela Masih told Raheel that she and her sister 
were kidnapped when they stopped to buy fruit en 
route to their uncle’s home. The sisters were 
taken away by taxi and then raped, she said. 
After being tied up and locked in a room, she 
told him, the two were forced to make professions of Islamic faith.

She described how the pistol-toting captors 
threatened the girls with death. The kidnappers 
told the girls that their parents would also be 
killed, she said, if the sisters did not do everything asked of them.

“These poor little kids, they threatened them,” 
said Akbar Durrani, a lawyer from CLAAS who 
fought in court on the sisters’ behalf. “They 
were terrified. She said they were terrified.”

In light of these revelations, Durrani said he 
plans to file a new custody case for Saba Masih 
based on their abduction. This move, however, 
could jeopardize progress gained in the legal 
quest to free the sisters from their captors.

“The court statement never mentioned kidnapping,” 
Durrani said. “We are still working on it, 
because the Supreme Court may say to us, ‘We will 
reverse the position, get both the girls back and hear the case afresh.’”

Avoiding this scenario while convincing the court 
to allow further proceedings is the challenge Durrani now faces.

Saba Masih’s insistence that her age is 17 and 
that her conversion to Islam was real will also 
make regaining custody of her extremely 
difficult, according to lawyer Rashid Rehman of 
the Human Rights Commission of Pakistan. Rehman 
also represented the girls’ family in the case.

Saba Masih’s husband, Ali, had obtained the 
backing of a medical committee possibly under 
pressure from Islamic groups in his claim that 
she was 17 and thus of legal age. He also claimed 
that her conversion removed her from the jurisdiction of her father.

It was a branch of the Lahore High Court in 
Multan that ruled on Sept. 9 that Aneela Masih 
should be handed back to her parents. When Saba 
Masih, whose birth certificate indicates that she 
is 13 but who testified that she was 17, said she 
did not want to return to her parents, she also 
tried to keep her younger sister from returning 
to them. Attorneys said the Muslim kidnappers had 
repeatedly threatened the girls that their 
parents would harm them if they returned.

Uncle Threatened

Throughout the case the girls’ uncle, Raheel, who 
has spearheaded the campaign to free the girls, 
has received death threats from supporters of 
Ali, he told Compass by telephone this week. With 
a tired voice, he said that he remains determined 
to explore every avenue to return Saba Masih to her parents.

“They are threatening me also, because I was 
proving the case,” he said. “They tell me also 
that if I keep on doing like this one day they 
will shoot me. I said, ‘Okay, no problem, you 
shoot me, but up to now I am alive. I will look 
after Saba. I will find her someday.’”

Various options remain open to CLAAS. The group’s 
lawyers are seeking advice from three local 
deputy inspector generals about how they should proceed.

“[We] can file a private complaint in the court 
of magistrate if a FIR [First Information Report] 
about kidnapping is not registered,” Durrani 
said. “If we are not getting any relief from this 
side, we will go to the Supreme Court.”

Lawyers told Compass that the court ruling for 
the return of the younger sister to her Christian 
parents, despite questions over her conversion to 
Islam, was an unusual decision and a significant 
victory for human rights in Pakistan.

“We have two or three cases in Islamabad [where] 
the judges did not allow minor girls to be given 
back to their parents,” Durrani said. “So in this 
context it was very important to at least get Aneela back.”

END


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