ASIAN HUMAN RIGHTS COMMISSION   URGENT APPEALS PROGRAMME

Urgent Appeal Case: AHRC-UAC-097-2009

 <http://www.ahrchk.net/ua/support.php?ua=UAC-097->

13 August 2009

------------------------------------------------------

PAKISTAN: A human rights activist faces terrorism charges for
publicising the murder of Christians, while the mullahs who
encouraged the violence remain free

ISSUES: Murder; minority groups; police negligence

------------------------------------------------------

Dear friends,

The Asian Human Rights Commission (AHRC) has received information
that an activist working for the Human Rights Commission of Pakistan
(HRCP) and the Labour Party of Pakistan, has been arrested and
remanded on charges of terrorism and disturbing the peace. The
charges disproportionately refer to demonstrations he helped organise
against the burning murders of a number of Christians and the burning
of their houses by Muslim extremists. Police have not arrested those
who incited the violence by using the loudspeakers of mosques, which
is illegal in Pakistan.

CASE DETAILS:

Mr. Tariq Mehmood (24) and his friends and colleagues were the first
to arrive at the site of the attack in Korian village (Tehsil Gojra,
Punjab) on July 31, where six Christians, two of them women, had been
set alight and murdered that day. A number of houses had also been set
on fire. Mehmood was the first to spread the news among media and
human rights organisations in the area. However the following day the
community was attacked again by a few hundred-strong crowd of Muslims,
most, according to eyewitnesses, from the banned sectarian group
Sipah-e-Sahaba (SSP). The police officers there allegedly did nothing
to diffuse the situation or stop the attacks and witnesses have
reported two more deaths and a number of rapes. Also disturbing are
reports that more than 30 girls from the community have been missing
since the attack.

Later that day Mehmood joined a team of activists to gather
information at the site, and he issued a press release on behalf of
the Labour Party, also proposing that a 'black day' of protest be
held on 11 August. Mehmood also helped journalists from out of town
and was present when community members, Muslim and Christian, blocked
the town's train services with some of the corpses. (The crowd
demanded legal action against the District Police Office and District
Coordination Officer for their failure to protect, and these were
finally filed. A Lahore High Court judge is investigating the case).

However on 10 August we are told that Mehmood was informally asked to
meet and 'talk' with the Deputy Superintendent of Police (DSP), Mr.
Ahmed Javed, in the Toba Tek Singh district, and was asked to call
off the Black Day protest. He refused. He was sent to Gojra police
station under arrest. The charges   under the Article 7 of the Anti
Terrorist Act and article 13 of Maintenance of Public Order Ordinance
and article 152 of the Criminal Procedure Code among others   refer to
his party press release as 'pamphlets'.

In a Faisalabad Anti Terrorist Court session, police asked that
Mehmood be physically remanded (placing him in their custody and at
risk of torture) but the judge instead ordered judicial remand at
Toba Tek Singh jail. These charges against Mehmood should not be
taken lightly; they can be met with a death sentence.

ADDITIONAL COMMENTS:

Inquiries by various human rights organisations strongly indicate
that the attacks and murders were pre-planned, and they are accusing
the local administration of extreme negligence.

The SSP members arrived on private buses organised from nearby
villages, armed with home-made bombs. As a banned Muslim militant
organisation, the SSP seems have had little restrictions placed upon
its actions by the police in recent times; media and rights groups
are linking this to the support the SSP has given the provincial
government, lead by the Sharif brothers, in the past.

Though it is illegal for the loud speakers in mosques to be used for
anything other than Friday sermons in Arabic and the call to prayer,
we have received reports that certain mosques broadcast comments and
accusations against Christians in that area for two days; some of
them within hearing range of police stations. Up to 64 rioters have
been arrested, but the mullahs responsible for inciting the violence
allegedly remain at large; therefore one of the biggest roots of the
sectarian violence in Pakistan   misconduct by its religions leaders
 remains unaddressed.

The Anti-terrorist Act has instead been used against a human rights
defender on the basis of a press release he wrote criticizing the
violence. The Asian Human Rights Commission would like to highlight
the absurdity of applying the acts below to the rights defender and
not the inciters of the violence.

Anti Terrorist Act, Article 7:

'Prohibition of acts intended or likely to stir up sectarian hatred.

---A person who--¬(a) uses threatening, abusive or insulting words or
behaviors, or

(b) displays, publishes or distributes any written material which is
threatening, abusive or insulting; or

(c) distributes or shows or plays a recording of visual images or
sounds recording of visual images or sounds which are threatening,
abusive or insulting; or

(d) has in his possession written material or a recording or visual
images or sounds which are threatening, abusive or insulting with a
view to their being displayed or published by himself or another.'

'Whoever commits a terrorist act shall---

(1) if such act has resulted in the death of any person be punished
with death; and

(ii) in any other case be punishable with imprisonment for a term
which shall not be less than seven years but may extend to life
imprisonment, and shall also be liable to fine.'

Maintenance of Public Order Ordinance, article 13:

'Whoever contravenes any provision of this Ordinance or disobeys or
neglects to comply with any order made or direction given in
accordance with its provisions shall, where no express provision is
made by this Ordinance for the punishment of such contravention,
disobedience, or negligence, be punished with imprisonment which may
extend to three years, or with fine, or with both.'

SUGGESTED ACTION:

Please write to the authorities listed below, demanding the
withdrawal of terrorism charges against Tariq Mehmood and an
investigation into how such charges were able to be filed. Please
also demand the arrest of those who used loud speakers to incite
sectarian murder.

To support this urgent appeal please click here:
<http://www.ahrchk.net/ua/support.php?ua=UAC-097->

------------------------------------------------------

SAMPLE LETTER:

Dear ________

RE: PAKISTAN: A human rights activist faces terrorism charges for
publicising the murder of Christians, while the mullahs who incited
the violence remain free

Name of the Victim: Mr. Tariq Mehmood, son of Mohammad Tufail Ansari.


Resident of village Basti Danishmandan,

Chak no. 264, G-B, Toba Tek Singh district. Punjab

Names of the perpetrators:

1. Mr. Ahmed Javed, Deputy Superintendent of Police (DSP), Toba Tek
Singh district.

2. Station Head Officer (SHO), Toba Tek police station, Punjab

3. District Police Officer (DCO), Toba Tek district, Punjab

Place of incident: Toba Tek police station, Punjab

Date of incident: 10 August 2009

I am writing to register my deep concern regarding the arrest of
Tariq Mehmood, an activist working for the Human Rights Commission of
Pakistan (HRCP) and the Labour Party of Pakistan, on charges of
terrorism and disturbing the peace. The charges disproportionately
refer to demonstrations he helped arrange after the burning murders
of a number of Christians, and the burning of their houses by Muslim
extremists. Police have not arrested those who incited the violence
using the loudspeakers of mosques, which is illegal in Pakistan.

According to the information I have received Mehmood joined a team of
activists to gather information at the site of the attacks, and issued
a press release on behalf of his Labour party. He also announced an
upcoming 'black day' for 11 August to protest against the murders and
the lack of protection arranged for the Christian victims.

On 10 August I am told that he was informally asked to meet and
'talk' with the deputy superintendent of police (DSP), Mr. Ahmed
Javed, in the Toba Tek Singh district. Mehmood reportedly was asked
and refused to call off the upcoming Black Day protest and was sent
to Gojra police station under arrest. The charges   under article 7
of the Anti Terrorist Act, article 13 of Maintenance of Public Order
Ordinance and article 152 of the Criminal Procedure Code among others
 refer to his party press release as 'pamphlets'.

In a Faisalabad Anti Terrorist court session, police asked that
Mehmood be physically remanded (placing him in their custody and I
believe, at risk of abuse) but the judge fortunately ordered judicial
remand at Toba Tek Singh jail.

Though it is illegal for the loud speakers in mosques to be used for
anything other than Friday sermons in Arabic and the call to prayer,
we have received reports that certain mosques broadcast comments and
accusations against Christians in that area for two days; some of
them within hearing range of police stations.

Though up to 64 rioters have been arrested, the mullahs responsible
for inciting the violence allegedly remain at large; therefore one of
the biggest roots of the sectarian violence in Pakistan   misconduct
by its religions leaders   remains unaddressed.

The Anti-terrorist Act has been used against a human rights defender
on the basis of a press release he wrote criticizing the violence,
yet absurdly, not against the inciters of wide scale sectarian
violence.

I urge that you take serious note of the murders in Gojra, and
inquire into the lack of protection afforded the Christians who died
there. Inquiries by various human rights organisations strongly
indicate that the attacks and murders were pre-planned.

I also request that you investigate and drop the charges of terrorism
used improperly and illogically against Tariq Mehmood, and investigate
how such charges were able to be filed.

I demand that those who used mosque loud speakers to incite sectarian
murder be investigated and brought before the law.

I look forward to your action in these matters.

Yours sincerely,

----------------

PLEASE SEND YOUR LETTERS TO:

1.Mr. Syed Yousaf Raza Gillani

Prime Minister

Prime Minister House

Islamabad

PAKISTAN

Fax: +92 51 922 1596

Tel: +92 51 920 6111

E-mail: [email protected]

2. Minister for Interior

R Block Pak Secretariat

Islamabad

PAKISTAN

Tel: +92 51 9212026

Fax: +92 51 9202624

E-mail: [email protected] or
[email protected]

3. Mr. Mian Shahbaz Sharif

Chief Minister of Punjab

H-180 Model Town

Lahore

PAKISTAN

Fax: +92 42 5881383

4. Minister of Law

Government of Punjab

Punjab Secretariat

Ravi Road

Lahore

PAKISTAN

E-mail: [email protected]

5. Chief Secretary of Government of Punjab

Punjab Secretariat

Lahore

PAKISTAN

Fax: +92 42 7324489

E-mail: [email protected]

6. Mr. Salman Taseer

Governor of Punjab

Governor House

Mall Road

Lahore

PAKISTAN

7. Dr. Faqir Hussain

Registrar

Supreme Court of Pakistan

Constitution Avenue

Islamabad

PAKISTAN

Fax: + 92 51 9213452

E-mail: [email protected] <mailto:[email protected]>

8. Mr.Syed Mumtaz Alam Gillani

Federal Minister for Human Rights

Ministry of Human Rights

Old US Aid building

Ata Turk Avenue

G-5, Islamabad

PAKISTAN

Fax: +9251-9204108

Email: [email protected] <mailto:[email protected]>

 <http://www.ahrchk.net/ua/support.php?ua=UAC-097->

Thank you.

Urgent Appeals Programme

Asian Human Rights Commission ([email protected])



-----------------------------
Asian Human Rights Commission
19/F, Go-Up Commercial Building,
998 Canton Road, Kowloon, Hongkong S.A.R.
Tel: +(852) - 2698-6339 Fax: +(852) - 2698-6367


-- 
W A Laskar
Freelance Reporter and Human Rights Activist
with Barak Human Rights Protection Committee,
http://bhrpc.net.googlepages.com
15, Panjabari Road, Darandha, Six Mile, Guwahati-781037, Assam, India
Cell: +919401134314

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