Action Alerts

SUDAN: Criminal Charges against Lubna Ahmed Al-Hussein

Ms. Hussein and 12 other women were arrested in Khartoum on July 3, 2009, for wearing trousers. Ten of the women have already received punishments of 10 lashes each, and charges were brought against three others, including Ms. Hussein. As Ms. Hussein works for the United Nations Mission in Sudan (UNMIS), the judge has declared that she has immunity and the case could be cancelled. Ms. Hussein has however refused to opt for this choosing to use her case to challenge the constitutionality of the law.

Action Requested:

Please write letters to express your concern to:

The Sudanese Minister of Justice,
Mr. Abdul-Basit Sabdarat.
P.O. Box 302 - Zip Code: 11111
Nile St. Khartoum - Sudan
Tel: 00249912287609 (The mobile number of the admin of their website)
Fax: 00249183764168
moj@moj.gov.sd

Special Rapporteur on Violence Against Women
Rashida Manjoo
OHCHR-UNOG
8-14 Avenue de la Paix
1211 Geneva 10,
Switzerland
Fax: 00 41 22 917 9006
E-mail: urgent-action@ohchr.org

Special Rapporteur on Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment,
Manfred Nowak
OHCHR-UNOG
8-14 Avenue de la Paix
1211 Geneva 10,
Switzerland
bkainz@ohchr.org

Special Rapporteur on the Situation of Human Rights Defenders
Margaret Sekaggya
Fax: +41 22 917 9006 (Geneva, Switzerland)
Telephone: +41 22 917 1234.
E-mail: urgent-action@ohchr.org. The text of the e-mail should refer to the human rights defenders mandate.

SAMPLE LETTER

Subject: Criminal Charges against Lubna Ahmed Al-Hussein

Your Excellency,

We are writing to express our deep concern about the criminal charges made against Ms. Lubna Ahmed Al-Hussein. Ms. Hussein has been charged under Clause 152 of Sudan’s 1991 criminal law that mandates up to 40 lashes and/or a fine for ‘inappropriate dress.’

Ms. Hussein and 12 other women were arrested in Khartoum on July 3, 2009, for wearing trousers. Ten of the women have already received punishments of 10 lashes each, and charges were brought against three others, including Ms. Hussein. As Ms. Hussein works for the United Nations Mission in Sudan (UNMIS), the judge has declared that she has immunity and the case could be cancelled. Ms. Hussein has however refused to opt for this choosing to use her case to challenge the constitutionality of the law.

We, as human rights activists, are concerned that the legal action against Ms. Hussein is a violation of freedom of expression and only serves in promoting the Sudanese general discipline law which is one of the most discriminating laws against women as it infringes upon the most basic freedoms to be enjoyed by all citizens.

We appeal to you to call for a halt to the court proceedings under article 58 in the Sudanese Criminal Proceeding Act which imparts to the minister of Justice the authority to stop the trial. We also urge you to use your authority to demand that Clause 152 be abolished or reformed because it is in violation of fundamental human rights as enshrined in international law, as well as being in breach of The Bill of Rights in the Sudanese Interim Constitution 2005.

We urgently request you to address this concern and use your influence to pressure the Sudanese government to repeal this unconstitutional law which is in absolute violation of all international treaties defending freedom of expression and women's rights.

Thank you for your attention to this important issue.

Sincerely

Pakistan: Five women allegedly buried alive

11/9/2008: Human Rights Groups express their grave concern for the incident happened in Baba Kot, a remote village of Balochistan where three to five women were brutally shot and apparently buried alive: three for trying to exercise their fundamental right to determine their own lives and to marry men of their choice, the other two for supporting them and trying to save their lives.

Write Letters to:

Asif Ali Zardari
President
President's Secretariat
Islamabad
PAKISTAN
Fax: +92 51 922 1422, 4768/ 920 1893 or 1835
E-mail: (please see-> http://www.presidentofpakistan.gov.pk/WTPresidentMessage.aspx)

Mr. Syed Yousaf Raza Gillani
Prime minister
Prime Minister House, Islamabad,
PAKISTAN
Fax: +92 51 922 1596
Tel: +92 51 920 6111
E-mail: webmaster@infopak.gov.pk

Mr. Rehman Malik
Advisor for Ministry of Interior
Room No. 404, 4th Floor, R Block,
Pak Secretariat
Islamabad
PAKISTAN
Fax: +92 51 920 2624
Tel: +92 51 921 2026
E-mail: minister@interior.gov.pk

Mr. Farooq Naik
Minister of Law, Justice and Human Rights
S Block Pakistan Secretariat
Islamabad
PAKISTAN
Fax: +92 51 920 2628
E-mail: minister@molaw.gov.pk or naek_law786@hotmail.com

Sample Letters:
 

Respected Sir,

We are writing to express our urgent and grave concern over the barbaric incident in Baba Kot, a village in Usta Mohammed, Balochistan where three to five women were brutally shot and apparently buried alive: three for trying to exercise their fundamental right to determine their own lives and to marry men of their choice, the other two for supporting them and trying to save their lives. The recent police surgeon report indicating that the women were dead when buried does not detract from the fact that they had actually been killed for exercising their fundamental rights.

Shirkat Gah – Women’s Resource Centre, a women’s rights and development organization with UN ECOSOC status is appalled that the brother of the incumbent Balochistan Housing Minister, Mir Sadiq Umrani, is reported to be directly involved, that politically influential forces in Balochistan tried to cover up the matter and that the police failed to register a case until directed to do so by the Balochistan High Court through its suo moto notice.

This suo moto move by the Balochistan High Court in greatly appreciated. In contrast the attempts to defend such barbaric actions in the name of customs forwarded in the Senate by two Baloch senators: Sardar Israrullah Zehri and acting Chairman, Senator Jan Mohammed Jamali has stunned not only human rights workers but all people with any sense of decency. We are relieved that a number of voices from Balochistan have rejected the suggestion that these are tribal customs to be upheld.

That such an incident could happen at all demonstrates a blatant and complete disregard of the laws of the land. It also indicates the serious problem of how brutal violence is perpetuated with impunity when those with power use undue influence to prevent the registration of complaints, investigations and prosecutions. Murder is murder by any name and always unacceptable. Those responsible and those abetting the crime must be brought to book, tried and punished. Of concern is that only two of the five bodies have been recovered; the body of one teenage girl and the two elderly women are missing and it is still not known what had happened to those bodies.

We remind you that the Constitution of Pakistan guarantees fundamental rights to all individuals and that the laws governing Muslim marriages grant women the right to consent to marriage. Even preventing adult women from choosing a marriage partner is unlawful, and restraining any woman from marrying a man of her choice is completely un-lawful.

We draw your attention to the fact that as the signatory to the Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW), Pakistan has an obligation to see through its commitment to prevent women’s rights violations.

We are encouraged by the resolutions passed in the Senate and the Provincial Assemblies of Sindh and Punjab and hope that these statements of condemnation are taken seriously by the law enforcement agencies and fair investigations be conducted in this case. But resolutions are not enough and we fear that the tribal structures and hold of local influentials may obstruct an impartial inquiry into this matter.

This incident is just one more example of the prevailing intolerance and prejudice towards women and use of force to prevent them from exercising their rights. There is an alarming increase in such incidents as also witnessed in a recent case where a 17-year-old girl was shot dead by her brothers and father while in police custody in Sahiwal after the Court decided in her favour for dissolution of marriage. This is a right upheld by the constitution and the laws of the land.

We therefore call upon you to ensure:

• that the prevalent tribal structures and hold of local influentials are not allowed to obstruct the due process of law and justice

• that fair and impartial investigations are conducted into the Kot Baba case and justice given to the victims by ordering a thorough and an independent judicial enquiry into this case and ensuring that a fair and impartial police report be submitted before the High Court of Balochistan on the next date of hearing that is fixed for September 22nd, 2008

• that all such cases are investigated thoroughly and the culprits brought to justice whether this is in Balochistan in Punjab or any other territory of Pakistan

• Country-wide measures are taken to ensure women’s security and access to their rights as guaranteed under the constitution and Pakistan’s laws

Yours Sincerely

 

For Background go to: http://www.ahrchk.net/ua/mainfile.php/2008/2969 (Website Link includes AHRC Appeal Suggested Actions)

Updated Information:
Bodies of Baloch women sent for DNA test
Source: Daily Times (3-9-2008)
QUETTA: The bodies of two of the five women allegedly buried alive in Balochistan were brought to Dera Murad Jamali on Tuesday for post mortem and DNA tests.

Naseerabad Police Deputy Inspector General Ghulam Shabir Sheikh told a press conference that there was no authenticity in media reports that the girls had been buried alive. He added that the police had identified the graves of two girls in the Baba Kot locality and had sent their corpses to the Dera Murad Jamali Civil Hospital for autopsy.

“Not many people are willing to give evidence due to strict tribal traditions and fear of local influentials,” he said, adding that no one was willing to own the bodies.

Local sources said the girls, aged between 16 to 18 years, belonged to the Umrani Baloch tribe and studied in Quetta. They ran away from their houses in order to contract court marriages. However, their family members followed them to a Jaffarabad hotel.

According to an Asian Human Rights Commission report, Sattar Umrani and at least six other people allegedly abducted the girls at gunpoint. The girls were taken in a Land Cruiser vehicle, bearing a provincial government registration number, to a remote area.

There they were allegedly shot and buried while still alive. Two elder women, an aunt and the mother of two of the girls, were killed when they protested the burial of the girls.

Balochistan Minister Sadiq Umrani, brother of Sattar, told the media on Sunday that the two girls had been killed on the directives of District Nazim Fathe Muhammad Umrani. The minister said certain quarters were trying to defame him by implicating his name in the incident.

Balochistan Inspector General Asif Nawaz was not available for comment because he was “busy on another line” throughout Tuesday evening.
Source: APP

Senators demand action against killers of five women in Balochistan
ISLAMABAD, Sep 1 (APP): Senators from both divides on Monday strongly condemned the murder of five women in Balochistan, demanding of the government for strict action against those responsible and eliminate such traditions from the country.
Speaking on the issue, Senator Haji Adeel condemned the incident and criticized his fellow senator disallowing debate on the incident on Friday saying, “this is our tradition.”

He said we had always been striving for the rights of women and children and no tribal tradition allows such inhuman activity.

Haji Adeel demanded the government for strict action against the perpetrators and threatened walk out of the proceedings, otherwise.

Professor Khurshid Ahmed said it is not the matter of any political party or tribe but humanity. Islam gives women their rights and no one can deprive them of their rights. He said according to teachings of Islam, a woman should be married with the person of her choice.

He said why the matter is being discussed in the House so late, as the incident had taken place some two months ago.

The PML-Q Senator Wasim Sajjad described the incident condemnable and shameful, appreciating both the sides for drafting a resolution to condemn the incident.

Senator Wali Mohammed Badini said an inquiry should be conducted to ascertain as the women were buried alive or dead. He said no doubt, the incident is condemnable and action should be taken against the perpetrators.

Senator Abdul Ghafoor Haidri said the passage of Hudood Ordinance encouraged such incidents and made the women insecure in the country. He called for promulgation of laws to avoid such incidents in future and introducing necessary amendments in Hudood Ordinance.

In his comments about the incident, Senator Abdur Rahim Mandokhel said no tribe allows such inhumane activity. He requested the chair to form a committee to investigate the matter and present report to the House.

PML-N Senator Ishaq Dar condemned the incident and criticized the statement of his fellow Senator forbidding the members to talk about the matter. He said the incident has cast negative impression of the country in the comity of nations.

He said the Senate committee should probe into the matter and root out such traditions from the society.

Senator Abdul Khaliq Pirzada said the MQM strongly condemns the incident and such traditions are contrary to Islam, democracy, humanity and morality.

Anisa Zeb Tahirkheli refuted the notion that any tribe follows such tradition and said this is an individual act. She questioned why the government kept mum over the incident for about two months as it took place in July.

Senator Nisar Memon said it is the darkest day in the history of Pakistan and said women have been facing such violence in the society. He said such incidents not only take place in Balochistan but Punjab and Sindh provinces are also no exception in this regard.

Maulana Gul Naseeb called for probe into the incident to ascertain if the incident really took place or was a false story appearing in a section of press.

Senator Raza Mohammed Raza said the tribes have good traditions and do not teach violence. He said the Senate committee should present the investigation report and the House should recommend sentence for the perpetrators.

Senator Abdur Razzaq Thaeem called for necessary action against the people responsible, adding that the matter should be tried in Anti-Terrorism Court.

Senator Rehana Yahya said the Baloch traditions teach respect for women and never allow such disturbing act. Even important issues are also resolved with the interference of women in Balochistan, she added.

Source: Women Living Under Muslim Laws http://www.wluml.org/english/newsfulltxt.shtml?cmd[157]=x-157-562354

UPDATE: Pakistan: Activists respond to women buried alive; no cultural justifications for murder!

4/09/2008: Burying of women alive defended in Pakistani Senate. (Dawn / The News)

Balochistan Senator Sardar Israrullah Zehri stunned the upper house on Friday when he defended the recent incident of burying alive three teenage girls and two women in his province, saying it was part of “our tribal custom.”

Senator Bibi Yasmin Shah of the PML-Q raised the issue citing a newspaper report that the girls, three of them aged between 16 and 18 years, had been buried alive a month ago for wishing to marry of their own will.

The barbaric incident took place in a remote village of Jafarabad district and a PPP minister and some other influential people were reported to have been involved. The report accused the provincial government of trying to hush up the issue.

Ms Shah said that the hapless girls and the women were first shot in the name of honour and then buried while they were alive. She also said that no criminal had been arrested so far.

Acting Chairman of Senate Jan Mohammad Jamali, who was presiding over the session, said: “Yasmin Shah should go to our society and see for herself what the situation is like there and then come back to raise such questions in the house.”

Maulana Ghafoor Haideri of the JUI-F said there was no tradition of burying women alive in Baloch society because it was against Islam’s teachings.

Jamal Leghari of PML-Q emphatically stated that there was no custom of burying people alive, adding that the Baloch people did not believe in it.

Senator Jan Jamali commented: “This is a provincial matter and it is being investigated at the provincial level and let us wait for the report of the investigation.” Leader of the Opposition Kamil Ali Agha accused the Balochistan government of ignoring the incident and said no jirga could order the burying of women alive and no law allowed anyone to commit such a crime and go unpunished. He urged the government to punish the people involved in it.

Leader of the House Mian Raza Rabbani said: “We condemn the heinous act and assure the house that a complete report on the incident would be submitted on Monday.”

By: Ahmed Hassan
29 August 2008
Source: Dawn newspaper (Pakistan)

Women's Action Forum (WAF) Press Release on the murders in Baluchisatn
Women’s Action Forum is deeply concerned at the growing challenges to the writ of the state being mounted by parallel systems imposing brutal punishments. WAF is horrified that 5 women were brutally shot and then buried alive in Balochistan for trying to exercise their fundamental right to determine their lives. We are appalled that the brother of a sitting Minister of the Balochistan government (Minister for Housing, Mir Sadiq Umrani) is directly involved. WAF appreciates the suo motto notice taken by the Quetta High Court and hopes the court acts to ensure swift justice. WAF demands that all the perpetrators in this heinous crime be caught and punished: those who pulled the triggers and those who arranged the killing; and the leaders of the Umrani tribe be held accountable. The state and our elected representatives must take responsibility to ensure that such inhuman, cruel and criminal actions never take place again.

WAF is deeply distressed that violence in the pursuit of power is becoming a norm in Pakistan impacting the vulnerable including targeted attacks on individual women such as the two women whose mutilated and disfigured bodies were recently found in Nanguman on Charsadda Road. Both incidents highlight the specific targeting and terrorizing of women. The owning of these murders by criminal elements in Bajaur, the bombing of at least 123 girls’ schools in the north and the constant threats issued by armed militants are all part of the Talibanisation project aimed at absolute power that suffocates women. This denies rights and further narrows the spaces guaranteed for women by the Pakistan state in 1947.

WAF has consistently been raising the issue of Talibanisation that threatens the very fabric of society and the integrity of the state. This is a major challenge to Pakistan along with growing poverty, rampant inflation and the lack of justice. Political parties must rise above their personal agendas to simultaneously address all these urgent issues. WAF calls upon all Pakistanis to hold their elected representatives accountable. 25 August 2008
Tuesday, 02 September 2008
Women human rights defenders staged a protest demonstration in front of Karachi Press Club on Monday, 1 September 2008 to condemn the brutal act of burying five women alive in Balochistan on the pretext of 'Tribal Custom'. Holding placards inscribed with slogans such as 'Stop killing women', Murder is no custom' and 'No honour killing', the protestors condemned the outrageous remarks of Senator Israrullah Zehri in the Senate to justify the abhorrent incident of burying women alive. The defender WHRDs urged the government to initiate a probe into the matter instantly and to stop violation of human rights in the name of traditional customs and punish the criminals involved in the matter.

Source: http://www.thenews.com.pk/print1.asp?id=133386

 

Ensure Safety and Protection for Adivasi Migrant Workers
~INDIA~
04 February 2008

Urgent Alert: Protest against the state of emergency in Pakistan and brutal attacks on civil society

General Pervez Musharraf declared a state of emergency in Pakistan on Saturday November 3, 2007 and imposed the Provisional Constitutional Order (PCO) that suspends the Constitution and the fundamental rights of citizens, gags the media and forbids any form of dissent. This has drastically upset the already frail political setup prevalent in the country.

The two critical reasons declared by the General for the state of emergency are: the deteriorating law and order situation and the rise of militancy, and the increasing interference of judiciary in government policies.

The first targets under emergency have been the civil society, human rights activists, journalists and especially lawyers. Thousands have been arbitrarily arrested or picked up without any charges.

Human rights activists detained

On November 4, 2007, law enforcement officials carried out a crackdown on civil society. In Lahore, around 53 activists – 25 women, 28 men – were arrested from the Joint Action Committee (JAC) meeting held at the premises of Human Rights Commission of Pakistan (HRCP) to discuss the emergency rule in the country. Prominent among those arrested were HRCP director I A Rehman and secretary general Iqbal Haider. They were charged under the Maintenance of Public Order 1960.

After more than 48 hours, a special judicial magistrate granted bail to the detained persons at 9.00 pm on November 6, 2007. The surety bonds for the bail were submitted.

Crackdown on lawyers

Police baton-charged and detained hundreds of lawyers demonstrating across Pakistan against the imposition of emergency on November 5, 2007. Some 800 lawyers were arrested in Lahore alone. About 150 Karachi lawyers were sent to jail, amid reports of them being gravely mishandled. As a result, a large number of them feared threats against their lives and professional careers.

However, 340 Lahore lawyers have been sent to jail on judicial remand until November 10. Among those granted bail were three women - Lahore High Court Bar Association (LCHBA) Vice President Firdous Butt, Finance Secretary LCHBA Rubya Hayat, Abida Chaudary - and a senior lawyer Muhammed Sulman.

The lawyers have been arrested under multiple offences; under Sections 186, 353 of Pakistan Penal Code (PPC) (providing punishment for assault or criminal force to obstruct public servant in discharge of functions-bailable), Section 324 of PPC (attempt to intentional murder-non bailable) and Section 7 of the Anti-Terrorism Act 1997 (non bailable). There are fears that they will be punished with imprisonment up to ten years.

Legal counsels seeking bail applications for the detained lawyers were not permitted to enter the court premises.

There have also been reported instances of harassment of family members of human rights activists and lawyers by the law enforcement agencies.

Defiant judges under house arrest

The superior court judges who refused to take oath under PCO have been confined to their residences while some of them are also being pressurized to take oath under the newly proclaimed order.

Media gagged

Immediately after the imposition of the emergency rule, the government took all private electronic news channels off air, and new terms were dictated to restrict free access to information. To silence the media, the authorities threaten to impose punishment of up to three years for criticizing the military.

We demand that:

• the proclamation of emergency be immediately revoked and the Constitution reinstated with all the fundamental rights and freedoms guaranteed by the constitution;

• free and fair elections be held and complete transition to democracy and civilian rule be ensured without further violence and delays;

• curbs on electronic and print media be withdrawn and the citizens be allowed free access to information;

• charges against the human rights activists be dropped and their security and protection be ensured in future;

• lawyers be released and all alleged charges against them dropped, also their security be guaranteed.

Action needed

Please publicise as widely as possible, notably to international press and human rights organisations.

Also we need linkages for taking this matter to the International Court of Justice and other UN mechanisms.

Transgender couple released on bail

On June28, 2007, Supreme Court of Pakistan issued orders to release Shamial Raj and Shahzina Tariq on bail on security bond of Rs 50,000 each. However, the jail authorities have not released the two as yet.

The two member bench comprising Acting Chief Justice of Pakistan Justice Rana Bhagwan Das and Justice Sardar Raza suspended the Lahore High Court’s three-year imprisonment order issued earlier and accepted the appeal for regular hearing.

Advocate Dr Babar Awan, representing Shamial Raj and Shahzina Tariq, pleaded before the court that the law in Pakistan doesn’t restrain two women to live together. He further pleaded that it is every individuals’ prerogative to decide whether he/she wants to undergo physical examination. In this respect, the test to determine Shamial’s sex was in violation to his inherent right.

The jail authorities are not complying with the court order; maintaining that Shahzina’s must return to her parents, disregarding the fact that her father Tariq Hussain is a direct threat to her life. The authorities also maintain that Shamial cannot be released because his life is threatened.

Women rights activists supporting Shahzina and Shamial are concerned about their safety and security. They urge the state authorities to ensure the security of the two of them, and under the present circumstances they must also be guaranteed police protection on release from jail.
 

Pakistan: Transgender couple sentenced to three year imprisonment; need your letters of support

Women Living Under Muslim Laws supports Shamial Raj and Shahzina Tariq who were sentenced by Lahore High Court (LHC) to three years rigorous imprisonment and Rs 10,000 fine on charges of perjury. Presently, Shahzina is imprisoned in Central Jail, Faisalabad, and Shamial in Kot Lakpath, Lahore.

Their petition challenging the above verdict is currently pending in Pakistan Supreme Court (SC). On June 21, 2007, Dr. Saad Malik submitted a medical report to LHC Justice Khwaja Muhammad Sharif, which was not made available to the petitioners’ counsel. However, access to this report is essential for the counsel.

We strongly support the right of Shahzina Tariq and Shamial Raj to live their lives according to their own wishes, and urge authorities to take immediate action to address the several FIRs initiated by Shahzina’s father, Tariq Hussain, against Shamial  Raj. If these FIRs are not quashed then Shamial could be arrested again as soon as he is released from prison on bail.

Shahzina pledges to stand firm with Shamial. Shamial is suffering the negative attitudes of those around him. He is kept in a small room alone without even the possibility of sleeping in the courtyard, a ‘privilege’ extended to all prisoners during the summer.

WHAT YOU CAN DO

Shamial and Shahzina urgently need your letters of support and solidarity addressed to them. Your show of support is crucial for their morale at this time, especially as this is a case in Pakistan without legal precedent.

Please address your letters of support to Shahzina and Shamial and any information that may assist in their appeal (e.g., relevant legal information on other cases of transgender or multiple gender-identified people facing adversity). You may email your letters to Nighat Said Khan who is working on this case and will take your letters to Shamial and Shahzina in prison.

(Addressed to Shamial Raj and Shahzina Tariq)

nskhan46@yahoo.com
nskhan@brain.net.pk
asr@brain.net.pk

You may also send your letters via Shirkat Gah Women's Resource Centre: sgah@sgah.org.pk

BACKGROUND

Shamial, a resident of Faisalabad, Pakistan, had a sex change operation and has been living as a man for years. He and Shahzina Tariq married for love last year, despite the fact that Shahzina's father, Tariq Hussain, had wanted her to marry a person to whom he owed money.

Hussain and other family members continued to harass the pair and took legal action against Shamial accusing him of kidnapping their daughter, despite the consensual nature of their marriage. On the 28th of May, 2007 the Lahore High Court decided there was insufficient evidence to charge Shahzina and Shamial under section 377 (unnatural offences). However the couple was sentenced to three years imprisonment on lesser charges.

Despite sensationalistic media reports, at no point have Shamial and Shahzina been charged or tried for ‘lesbianism’ or for the legitimacy of their marriage. The law in Pakistan is silent on such relationships and defines no penalties. The question of Shamial's gender and sexuality only arose after the couple had engaged with the legal system in order to end the harassment by Shahzina's father, who had wanted to marry her off to settle a personal debt.

Despite the marriage, or because of it, Tariq Hussain and the rest of Shahzina’s family continued to harass them and filed several charges against Shamial Raj for kidnapping his daughter and for a number of offences such as fraud.

The two of them then approached a lower court in Faisalabad to prevent such harassment. The lower court decided in their favour since they produced their marriage certificate and because both of them were adults.

Shahzina and Shamial then came to Lahore and found a lawyer, Rana Sajjad Hussain, Advocate High Court, to file a writ petition on their behalf to the High Court to end such harassment. The case was put before Kh. Mohammad Sharif, Judge of the High Court. The first hearing was set for the 3rd of May 2007. On the 4th of May the father of Shahzina appeared before the Court and gave testimony that Shamial was actually a woman.

Shahzina and Shamial did not come to this hearing “because”, their counsel submitted, “they had been threatened the previous night and thought they may be murdered if they appeared in court”. The Judge ordered a physical examination to be done by a five member medical team at the government Services Hospital. The report was to be submitted on the 8th of May.

The medical team reported that while Shamial “is a well built muscular person with moustache and beard and has a hoarse voice” that physically he is a woman. They did however propose additional tests. This report changed the nature of the writ application turning the complainants into defendants. Frightened, the two went into hiding. When they didn’t appear on the 9th the Judge ordered the police to arrest them on the grounds that Shamial had stated in Court that he “was a boy” but that the medical examination had proved that he was “a girl” and that therefore he has sworn a wrong affidavit.

During his physical examination and later in Court Shamial has admitted that he was a woman. The Court gave notice under Section 193 of the Pakistan Penal Code (perjury) for both Shamial and Shahzina to show cause as to why they should not be prosecuted under this section.

Shamial was born a female. However he maintains that he feels like a man trapped in a woman’s body. At age 15 he started developing breasts and growing a beard. He got a mastectomy done in Faisalabad by a medical team supported by a psychologist. In 2006 he decided also to have a hysterectomy.

Shahzina and Shamial ‘disappeared’ after the Court order on the 9th of May. Having missed two hearing of the High Court the Judge issued non-bailable arrest warrants for them. They were arrested by the police soon after and Shamial was interned in the Kot Lakpath jail in Lahore while Shahzina was sent to the Central jail in Faisalabad. They were produced in Court on the 22nd of May.

The Judge asked them to show cause why they should not be charged under PPC193 (perjury) and section 377 (unnatural offences). The Court directed them to do this by the 25th of May. Since their lawyer Mr. Rana Sajjad Hussain, was not allowed by the jail authorities to meet with them he requested the Court to enforce his clients’ rights to counsel and asked for further time in which he could consult with them. The Court gave him time until the 28th of May.

Under section 193 of the PPC (which gives a sentence of up to 7 years) the charges are framed and decided immediately. Charges for section 377 of the PPC, goes for trial. At no point have they been charged or tried for ‘lesbianism’ and nor for their marriage. The law in Pakistan is silent on such relationships and defines no penalties.

On the 28th of May the Court decided that there was insufficient evidence to charge Shahzina and Shamial under section 377 (unnatural offences) and while there were circumstances under which perjury was committed it would still give (a lesser) sentence on that charge. Yet they were given 3 years each.

This case highlights the question of gender identity. Shamial insists that he is a man and Shahzina believes that he is one. The Judge referred to this as an unprecedented case as indeed it would be in most parts of the world.
 

Public Stoning: You Only Have Hours to save Mokarrameh and Her Partner

19 June 2007: The stoning of Mokarrameh Ebrahimi and her partner is scheduled to be carried out in public in the city of Takistan, Ghazvin, at 9:00 am on Thursday, June 21, for committing adultery and having a child out of wedlock. The decision for execution of stoning in public, and moreover, inviting the public to participate in the stoning have been made by the Ghazvin Municipal Security Council or Showraye Tameen of Ghazvin. The news of the scheduled stoning has been published by the campaign activists on June 19, 2007. (Please read more at http://www.meydaan.org/news.aspx?nid=392)

The Stop Stoning Forever Campaign invites all citizens of the world to contact the Iranian officials by phone and/or fax and ask them to stop the public stoning of Mokarrameh Ebrahimin, the 43 year old mother of three children, and her partner, the father of her 11 year old child. Please note that email may not be effective.

Also, please note the time difference since the stoning is scheduled for Thursday, June 21, in the morning, Tehran time, which is Wednesday evening and midnight in the US and Europe. Please act now before it is too late!

Ghazvin State Government Office, includes Ghazvin Municipal Security Council.

This office is open from 7:15 am to 2:15 pm Tehran time.
Tel:
+98 281 3682811
+98 281 3682812
+98 281 3682813
+98 281 3682814
+98 281 3682815
+98 281 3682816
Fax:
+98 281 3682941
+98 281 3682895

You can also contact the following offices in Iran:

·    The Supreme Leader: Ayatollah Khamenei
Tel: +98 21 64412020

·    The Head of Judiciary: Ayatollah Shahroudi
Tel: +98-21 22741002
+98-21 22741003
+98-21 22741004
+98-21 22741005

·    The President: Mr. Mahmoud Ahmadinejad
Tel: +98 21 88825071
+98 21 88825072
+98 21 88825073
+98 21 88825074
+98 21 88825075

·    If you have difficulty contacting the officials inside Iran, please contact the Iranian officials in your country of residence for some of whom the telephone and fax numbers are listed below.

·    United States: Interests Section of the Islamic Republic of Iran in Washington, D.C.

Tel: (202) 965-4990
(202) 965-4991
(202) 965-4992
(202) 965-4993
(202) 965-4994
(202) 965-4999
Fax:
(202) 965-1073
(202) 965-4990

·    Canada: Embassy of Iran in Ottawa
Tel:
This email address is being protected from spam bots, you need Javascript enabled to view it 613 2354726
613 2325712

·    United Kingdom: Embassy of Iran in London
Tel: 02072253000
Fax: 02075894440

·    Permanent Mission of the Islamic Republic of Iran to the United Nations in Switzerland, Geneva
Tel:  (41-22)332 21 00-21
Fax: (41-22)733 02 03     

·    United Arab Emirates: Embassy of Iran in Abu Dhabi
Tel: +9712-4447618
Fax: +9712-4448714

·    Denmark: Embassy of Iran in Copenhagen
Tel: 39160003
Fax: 39160075

·    Norway: Embassy of Iran in Oslo
Tel: (+47) 23 27 29 60
Fax:  (+47) 22 55 49 19

·    Russia: Embassy of Iran in Moscow
Tel: 9178655, 9179679, 9175219, 9177282, 9170039, 9172442, 9178959
Fax: 2302897 , 9179683

·    Finland, Embassy of Iran
Tel: +358-9-6869 240
Fax: +358-9-6869 2410

·    South Africa, Embassy of Iran
Tel: +27 (012) 342 58 80 / 1 -
Fax: +27  (012) 342 18 78

·    Germany, Embassy of Iran in Frankfurt
Tel: +49 (0) 69 56 000 739 - 740
Fax: +49 (0) 69 56 000 728

·    India, Embassy of Iran in New Delhi
Tel: +91-11-23329600/ 01/ 02
Fax:+91-11-23325493

·    Pakistan, Embassy of Iran in Islamabad
Ambassador Syed Seraj Aldin Mousavi
Embassy of Islamic Republic of Iran,
Street No. 2,
Sector G – 5,
Diplomatic Enclave,
Islamabad, Pakistan
Phone: 051 – 2276270 – 2
Fax: 051 – 2824839

Source: http://www.meydaan.org/news.aspx?nid=392)

Respected Partners and Colleagues,

We are writing on the behalf of Society for the Advancement of Education (SAHE), Lahore to direct your attention towards an alarming situation with respect to basic human rights and freedom of expression. An eminent scholar, who was due to visit Lahore University of Management Sciences (LUMS), Pakistan; Dr. Kian Tajbakhsh, has been 'detained' in Iran by government authorities, he was picked up around May 11 but we learned of his imprisonment this week. He is the  fourth dual U.S.-Iranian national to be incarcerated, detained or put under house arrest in recent weeks. His pregnant wife was also detained but later released.

As active members of civil society in Pakistan we should condemn this act of Iranian government, especially when Dr. Tajbakhsh was due to come to Lahore, Pakistan for academic reasons.

Kian has visited Pakistan many times over the last 3 years and is known to many of you. If you have any advice on further steps that could be undertaken to ensure his release please let us know. We greatly appreciate your help in this matter. Please circulate widely.

Please go to www.freekian.org to sign the petition and send letters of support.

Personal Website - www.kiantajbakhsh.com

Please see below for SAHE's letter to Iranian embassy on his detention; Bio, Contact info of all Iranian consulates in Pakistan.

 SAHE's Letter to Iranian Ambassador

Ambassador Syed Seraj Aldin Mousavi
Embassy of Islamic Republic of Iran,
Street No. 2,
Sector G – 5,
Diplomatic Enclave,
Islamabad, Pakistan
Phone: 051 – 2276270 – 2
Fax: 051 – 2824839

Respected Sir,

The Society for Advancement of Education (SAHE) is a not for profit organization based in Lahore that has been working on education issues in the province of Punjab and other parts of Pakistan for over twenty years. We are dedicated to protecting academic freedom and greatly value the freedom of expression. We are writing to you to express our grave concern over reports that Dr. Kian Tajbakhsh, a distinguished academician has been detained and is currently being held in Iran.

Dr. Tajbakhsh is a leading scholar with an international reputation and a respected professor, I want to express our strong concern for our valued colleague and call for his immediate and unconditional release.

Dr. Tajbaksh was scheduled to address an international seminar on nation-building at the Lahore University of Management Sciences (LUMS), Pakistan's premier higher education institution, in June. His presence is being sorely missed.

It is difficult to imagine the international scholarly community without the reasoned voice of Dr. Tajbakhsh. His imprisonment is a grave concern to us all and we strongly urge that you reconsider your decision to detain him. According to our information, he was arrested at his home in Tehran on or about May 11, 2007, and he has been held since then in Evin prison, a facility notorious for its documented cases of torture and detainee abuse. We understand that Mr. Tajbakhsh has neither seen a lawyer nor been allowed visitors, and that he has not been formally charged or accused of any crime.

SAHE is deeply troubled by reports of Dr. Tajbakhsh's arrest and we are seriously concerned for his health and welfare in the custody of Iranian authorities. We fear he is being held in violation of the due process and free expression guarantees outlined in the United Nations International Covenant on Civil and Political Rights, to which Iran is a signatory. We seek assurances that he is being treated humanely, and we respectfully request his immediate and unconditional release.

Thank you for your attention.

Sincerely,


Abbas Rashid
Chairperson, SAHE

Bio (from website)
 

Kian Tajbakhsh is a social scientist and urban planner. He has worked as a consultant in the areas of local government reform, urban planning and social policy, and has taught at  universities in the US and in Iran. He has worked with several organizations including Iran's Municipalities Organization, the Social Security Organization, and international organizations such as the World Bank and the Dutch Association of Municipalities. His academic research examines the evolving nature of Iranian state institutions and the policy making process. He is the author of two books and over twenty academic papers. In 2006, he completed a three year study of the local government sector in Iran. From 1994 until 2001, Dr. Tajbakhsh taught Urban Policy and Politics at the New School for Social Research in New York City. He received his M.Sc. from University College, London in 1984, and a Ph.D. from Columbia University in 1993.

Islamic Republic of Iran Embassy in Pakistan:
Ambassador: Mr. SEYED SERAJ ALDIN MOUSAVI

Islamabad: STREET.NO.2, SECTOR G-5/, DIPLOMATIC ENCLAVE
Ph: 051 2276270 - 2
Fax: 051 2824839

Karachi: 81, Shahrah-e-Iran, Clifton, Karachi - Pakistan
Ph: 5874371,5874370
Fax: 5874633

Lahore: No.55, Shadman ll
Ph: 7590926,7590927-9
Fax: 5710661


Human Rights Watch reported the following story for your info:

Iran: Another Iranian-American Scholar Detained Crackdown Against Iranian Civil Society Intensifies (New York, May 24, 2007) – The increasing arrests and detentions of Iranian-American scholars in Iran points to an Iranian government campaign to deter local civil society activists from interacting with Iranians based abroad, Human Rights Watch said today.

The Iranian authorities should immediately release the three Iranian-Americans and the dozens of activists, teachers and scholars arbitrarily detained in a recent government crackdown.

On May 11, agents of the Ministry of Information arrested Kian Tajbakhsh, an Iranian-American sociologist, at his home in Tehran. He is being detained without charge in Tehran's notorious Evin prison. The Ministry of Information is currently holding at least three Iranian-Americans, including Tajbakhsh. It has also confiscated the passport of a fourth Iranian-American, preventing her from leaving the country.

"The Iranian government is holding Iranian-Americans as pawns in its crackdown on local Iranian civil society," said Sarah Leah Whitson, Middle East director at Human Rights Watch. "Intelligence agents are trying to force these detainees to make false confessions to incriminate the broader community of Iranian activists and scholars."

Human Rights Watch said that any statements made by the detainees, while in detention and in the absence of their lawyers, are not credible. The government is holding all of these Iranian-American
detainees in incommunicado detention.

Tajbakhsh is a 45-year-old former professor at the New School for Social Research in New York. He has worked as a consultant for several Iranian government agencies, including Iran's Municipalities Organization and the country's Social Security Organization. In addition, he has consulted for international organizations such as the World Bank and the Open Society Institute. Tajbakhsh is being held in incommunicado detention without access to legal counsel.

Since May 8, the Iranian authorities have detained Haleh Esfandiari, the 67-year-old director of the Middle East program at the Woodrow Wilson International Center for Scholars in Washington, DC. Esfandiari traveled to Iran to visit her 93-year-old mother in December, but the government subsequently prevented her from leaving the country and instead subjected her to lengthy interrogations.

After government agents arrested Esfandiari and detained her in Evin prison, the authorities have not allowed her lawyers or family members to visit her. Human Rights Watch is seriously concerned about Esfandiari's health and well-being. The authorities charged her with politically motivated charges of "acting against national security" on May 15.

Associates of Ali Shakeri, another Iranian-American who had recently traveled to Iran, told Human Rights Watch that he is also being detained by the Iranian authorities. The Iranian government has not  provided any public information about his whereabouts.

The authorities are also preventing Parnaz Azima, a reporter for the Persian language services of Radio Free Europe who holds both Iranian and American citizenship, from leaving the country by confiscating her passport in January.

In tandem with this campaign of detaining and harassing Iranian-Americans, in the past month the government has also detained dozens of other Iranian activists, including students, labor organizers and the leaders of a teachers' union.

The Information Ministry, which is responsible for intelligence operations, has been leading a broad campaign of persecution and prosecution against a wide array of Iranian activists. The ministry is in charge of section 209 of Evin prison, where the majority of detainees, including Esfandiari and Tajbakhsh, are being held.

In recent months, interrogations of detained activists have focused on their ties with their international counterparts. On March 4, agents of the ministry arrested 33 women's rights activists and held them in Evin prison, where they were interrogated at length about their connections with international organizations. All of the women's rights activists have been freed after posting heavy bails and their  prosecution on charges of "acting against national security" is currently under way.

"The government is allowing an atmosphere of fear and paranoia, propagated by intelligence and security operatives, to dictate its policies," said Whitson. "Iranian civil society is paying a heavy  price for these actions."

To view the May 12 Human Rights Watch news release on the arrest of
Haleh Esfandiari, please visit: http://hrw.org/english/docs/2007/05/12/iran15914.htm
 

Thanking you,

Mirrat Malik

 Society for the Advancement of Education (SAHE)

Campaign to terrorize theatre group

1. The pro-Taliban elements and their political patrons have made an issue of an Ajoka play “Burqavaganza’, which was staged in Lahore in March 2007. Five MMA MNAs submitted an adjournment motion in the National Assembly, which was discussed on 26 April 2007. MMA members used extremely provocative language against the writer/director of the play and director of Ajoka, accused them of ridiculing Islamic injunctions and demanded action against them under blasphemy laws.  Although several MNAs from Government and Opposition including women MNAs wanted to speak on the motion but the speaker did not allow them. The Minister for Culture Mr. G.G. Jamal announced that the Government had banned the play and further action will be taken after a report from the Punjab Government is received.

2. “Burqavaganza” is a satirical play, which uses Burqa as a metaphor for double standards and cover-ups in the society. The play shows all characters (men and women) wearing burqas, including politicians, terrorist leaders and policemen. Issues addressed include gender discrimination, religious extremism, terrorism, love marriage and media programmes promoting intolerance. It had been made very clear in the brochure of the play and before and after the play that the theme of the play was not critical of  any one’s religious beliefs or dress preference, but about the hypocrisy and double standards and the feudal/tribal mindset. The audience loved the play and it got very good press reviews. The play had been staged in collaboration with the Lahore Arts Council. On great public demand the play was again staged on 18 April at the Panjpani Indo-Pak Theatre Festival at Arts Council, Lahore.

3. The capitulationist stand taken by the Government in the face of the MMA onslaught is very disappointing and  disturbing. Instead of telling the fanatic MMA members not to intimidate theatre groups and the arts councils, he arbitrarily announced a ban on the play and promised further action. The speaker did not prevent the members from using defamatory language against two leading theatre practitioner Shahid Nadeem and Madeeha Gauhar. Reporting of the remarks can incite fanatics to further harass Ajoka, Arts Council and other artists in the country.

It is disturbing that the Government of President Musharraf is taking a weak-kneed and apologetic stand on the continuous challenge by the pro-Taliban elements. The Government inaction over Jamia Hafsa stand off, Islami Jamiat attacks in Punjab University and moral policing in the NWFP have not only damaged Government’s credibility and ability to establish its writ, it has also emboldened the fanatics to spread their tentacles. The Government has totally failed to punish those who are challenging its writ and intimidating students and artists. It has also miserably failed to protect those are being intimated and attacked by the pro-Taliban elements.

4. Ajoka is an independent and non-commercial theatre group committed to the cause of social change since 1984.  It has addressed social issues boldly but artistically. It is determined to promote a culture of peace and enlightenment. As the Government of Pakistan has failed in its duty to protect the rights of freedom of expression and paid only lip service to the concept of “enlightened moderation’, we appeal to the democratic governments and international human rights and development organizations to support us and urge the Pakistan Government to fulfill its obligation to protect its citizens rights and take effective measures against the Talibanist who are terrorizing the people of Pakistan.

5. We will appreciate if you could contact the Pakistan Government expressing your concern at the harassment of Ajoka and urge the Government to ensure that Ajoka is able to carry out its work as a theatre group freely. Please address the letters to:

General Pervez Musharraf
President of Pakistan
President House
Constitution House
Islamabad, Pakistan

Please copy the letters to the following:

Mr Shaukat Aziz
Prime Minister of Pakistan
Prime Minister Secretariat
Constitution  Avenue
Islamabad, Pakistan

Mr G.G. Jamal
Federal Minister for Culture
Ministry of Culture
Pakistan Secretariat
Constitution Avenue
Islamabad, Pakistan

Mr Pervez Elahi
Chief Minister Punjab
Chief Minister House
Lahore, Pakistan

Lt General Khalid Maqbool
Governor Punjab
Governor House
Lahore,  Pakistan

Copy for information to;
Ajoka theatre
24-B Sarwar Road,
Lahore Cantt Pakistan. 
Fax: 9242-666 5021

Thank you for your support,

Madeeha Gauhar/Shahid Nadeem                                                   27 April 2007
Ajoka Theatre

Shadi Sadr and Mahboubeh Abbasgholizadeh’s NGOs Shut Down‎

Meydaan - The offices of two Iranian NGOs, Raahi legal center and Nongovernmental Organizations Training Center, were inspected and shut down by Tehran’s Revolutionary Court’s agents Thursday evening.

Raahi legal center was founded by Shadi Sadr, women’s rights activist and attorney, and was run by a group of professional and volunteer lawyers and consultants. The center offered legal counseling to women and would charge the clients based on their financial status. The center gained success in several legal cases defending women’s rights.

Nongovernmental Organizations Training Center (NGOTC) was founded by Mahboubeh Abbasgholizadeh, Iranian civil society activist, to empower NGOs and provide training for activists. The center has provided several workshops for the activists on various topics.

Both centers’ offices were inspected, filmed, and then sealed by the agents, said Shahram Mosayebi, NGOTC’s financial manager who was asked by the revolutionary court’s agents to be present at NGOTC’s office.

Shadi Sadr and Mahboubeh Abbasgholizadeh have been in detention since their arrest on March 4 and have spent part of their detention in solitary confinemnet. They contacted their families today and informed them that they are no longer in solitary confinement. 

Koneshgarane-Davtalab (Volunteer Activists), another civil society NGO who provided training for Iranian NGOs was also shut down today.

By: Meydaan

Detention of Sadr and Abbasgholizadeh Continues

Omid Memarian – Women’s Field: With the Sunday, March 11th Temporary Detention Order for Shadi Sadr and Mahboubeh Abbasgholizadeh, the two remaining activists in custody, a new round of confrontations with Iranian women’s rights activists has commenced.

Sadr and Abbasgholizadeh, who have been rejected the right to attorney, will remain in detention for at least a month, based on their temporary detention order, Farideh Gheyrat, their attorney announced today.

Sadr and Abbasgholizadeh are charged with five accusations. Acting against national security, holding illegal assembly, and confronting the security forces are three of the charges being known to their attorneys. The remaining two charges are not announced, Gheyrat said.

Over the past several days, Iranian newspapers have been barred from reporting on the subject, and as a result, except for a few cryptic short lines, the censorship surrounding the events has been palpable. With the Detention Order, hope for release of the two women is thwarted.

Shadi Sadr who is also Mahboubeh Abbasgholizadeh’s lawyer is now in detention herself. In one of the most unprecedented events of recent years, both client and attorney are now in custody.

During Mahboubeh Abbasgholizadeh’s earlier arrest in November 2005, Shadi Sadr was also threatened and interrogated several times by District Attorney’s Office in Tehran, but never like this. During the past several days, some of the released women had reported about a shift in the type and direction of questions asked of them during interrogations, from questions about the gatherings to questions about other individuals, even personal and private matters.

Authorities in Evin’s Block 209 and interrogators have not permitted Abbasgholizadeh to call her family. This has caused concerns for her two daughters.

Her daughter, Maryam Ommi, in an interview with Women’s Field Website said: “Everyone called their families, but she hasn’t. We are worried for her health and we fear something might have happened to her…memories of Zahra Kazemi poison my mind continually!” Up until a few days ago, I was worried for her hunger strike, worried for Mahnaz Mohammadi for whom I took some medicine and it was rejected [by prison authorities], their promises that prison medical staff were looking after her. I had heard that her feet were motionless, but now that she is out I understand none of those promises were true and she is not well at all. I went to see the last woman released, but she had been in solitary confinement as well, and hadn’t heard about my mother or Shadi Sadr. I only hope that they are healthy.”

Also yesterday Hassan Nilchian, Shadi Sadr’s husband who pursuant to earlier news regarding release of remaining prisoners, had gone to Revolutionary Court to post bail and release his wife, was told that she is now in official Temporary Detention.

Nilchian told Women’s Field Website that yesterday morning he went to the Court and met the Judiciary’s representative in Block 209. “After a conversation with Tehran District Attorney’s Securities Deputy, the Judiciary’s representative in Block 209 of Evin Prison announced that they have received a Temporary Detention Order for Shadi Sadr. Their file has now been sent to court for review. For now, there are no prospects for their release over the next day or two.”

According to Article 33 of Criminal Review Law, a temporary detention order is issued by the Judge, and is approved by Head of local Judiciary field (District Attorney, or his Deputy), and is possible to appeal in the Appeals Court within 10 days. A review by the Appeals Court will be done on an emergency basis, and within a month of detention, a resolution to the case must be reached. If the Judge determines that the temporary detention must continue, he will issue appropriate orders.

Some civil rights activists issued a communiqué today, voicing their objections to the continuation of the detentions of two women’s rights activists.

Over the past year, in step with the “No Stoning Campaign,” Mahboubeh Abbasgholizadeh and Shadi Sadr have been active in their pursuit for elimination of execution by stoning from Islamic Republic’s laws. Also, over the past few years Shadi Sadr has been one of the several attorneys highly active in stopping executions of several women by stoning, taking important steps towards this goal through her many interactions with judicial authorities. Side by side of another group of women, these two activists have also taken part in writing a Women’s Demands Charter over the past several months. Subsequent to meetings with other activists and conducting numerous surveys, this Manifest demonstrates women’s demands in a variety of areas.

In a statement published just before their detention, Abbasgholizadeh, Shadi Sadr and several other activists had expressed hope for the future of women’s rights on the threshold of International Women’s Day (March 8th), inviting people to gather in a peaceful assembly in front of the parliament. The gathering, which was attended by hundreds of people, was crushed by the police. Eight women were arrested in the gathering, but were later released.

Arrests of last Sunday followed a peaceful gathering by the court where five other women’s rights activists were being tried. Temporary detention orders of Mahboubeh Abbasgholizadeh and Shadi Sadr, however, point to a new wave of activities to start a new case, unrelated to the mentioned assembly. It is reminiscent of the arrest of Ali Akbar Mousavi Khoeineeha, who was arrested during last July’s peaceful gathering in Haft-e-Tir Square, which kept him in detention in Block 209 for months.

Women’s Cultural Center, six members of whom were arrested and detained last week, issued a statement in objection to the continued imprisonment of the two women, saying: “We put International Women’s Day behind us with two women’s rights activists, Shadi Sadr and Mahboubeh Abbasgholizadeh, in detention. Within the framework of law, these two women’s rights activists have been widely active in women’s and social issues for the past several years. Unfortunately, we witness their illegal arrest on March 4th, and their detention. We, of the Women’s Cultural Center, condemn this detention, and request unconditional and immediate release of Shadi Sadr and Mahboubeh Abbasgholizadeh, and we ask all women’s rights activists to voice their objections to the detention of these two members of the women’s movement.”

During the past several days, Islamic Women’s Association, has also objected to the continuation of arrests, and in a statement has called actions by District Attorney’s Office as “poor judgment and mean-spirited actions” and cause for “deeply hurting public Iranian feelings.” “This poor judgment on the threshold of the International Women’s Day, affects all the fruit of actions of Islamic Republic in alleviating discrimination against Iranian women, providing ignorant foreigners an opportunity to see an offensive act as representative of all Revolutionary values, and provides the grounds for deeply hurting public feelings, which under the circumstances is an immoral act. This poor judgment not only affects critics, but also prepares the grounds for a shift of women’s intellectual efforts into slogans which eliminate the opportunity for thinking and reasonable dialogue. A feeling of discrimination destroys opportunities for a dialogue with critics, as well as [women’s] self confidence, and destructs a mutual understanding about women’s rights and their position. On the threshold of this international day, we demand an end to these mean-spirited actions which deeply hurt public Iranian feelings, and implementation of values of Islamic Revolution regarding women, and release of those detained. We hope for a human society in which men and women enjoy equal rights based on Islamic teachings.”

Amnesty International, UN Human Rights High Commissionaire, European Union, Swedish Parliament, Germany’s Green Party, Human Rights First, and Human Rights Watch are among the members of the global community who have condemned the arrests of Iranian women’s rights activists. 

For updates on the story and press contact, please read Women’s Field March 12 Press Release.

* Shadi Sadr, women’s rights activists, attorney-at-law, journalist, and the director of RAAHI legal center for women, graduated in 1999 from Tehran University with masters in Law and Political Science. Winner of Women’s E-news 2004 Ida B. Wells Award for Bravery in Journalism, Sadr started her work as a journalist and writer at the age of 15. She has published several articles on women’s rights in Iranian reformist papers and the prominent feminist magazine Zanan. Winner of several journalism awards in Iran, Shadi Sadr founded the first news website for women in Iran, www.womeniniran.net in 2002. In 2005 she founded RAAHI legal center, which offers free legal counseling and provides free legal representation for women. In 2006 she co-founded Women’s Field (Meydaan-e Zanan) www.meydaan.org , a website dedicated to various campaigns to end discrimination against women in Iran. Stop Stoning Forever Campaign is one of the latest campaigns she initiated in 2006, which aims at abolishing the stoning law and saving the lives of 9 women and 2 men currently sentenced to death by stoning for adultery in Iran. She has saved the lives of several women from death penalty through free legal representation. The latest case she won was Ashraf Kalhori’s case, through which Sadr succeeded in acquitting Kalhori from death by stoning sentence. Sadr has a seven-year-old daughter named Darya and lives in Tehran.

*Mahboubeh Abbasgholizadeh, Editor of Farzaneh Quarterly, a bilingual journal on women's studies that is published in Iran since 1993, remained in jail for a month in 2005, half of which was spent in solitary confinement. Later, during what went on to be called the “Internet Sites and Webloggers” debacle, some of those accused in the case met with Ayatollah Hashemi Shahroodi, head of Iranian Judiciary, and after hearing reports of the treatment of those individuals, he ordered a halt to the proceedings and instructed formation of a three-person committee to investigate the case. After an investigation which took several months, 17 of the 21 individuals named in the case were exonerated. Even though Abbasgholizadeh was threatened with further imprisonment should she continue her activities, she continued her efforts in civic organizations.

A women's rights activist, civil society activist, journalist and researcher who believes in non-violent change, Abbasgholizadeh he has been the founder and Director of Iranian NGO Training Centre since its establishment in. She recently resigned from her eleven-year post as the founding member of the Board of Trustees of the Network of Women's NGOs in Iran. She has been very active in print media as the director “Jame'eye Iranian" or Iranian Society Publishing, a publishing house established in 1998 devoted to publishing books on women's issues. Moreover, she has been among the founders of the White Mehr Home: a non-governmental human rights organization. She is also one of the imitators of Stop Stoning Forever Campaign.

By: Omid Memarian
 

Campaign to Free Women's Rights Defenders in Iran

March 4, 2007 - Thirty three women's rights defenders were arrested today in Tehran during a peaceful gathering in front of the Islamic Revolutionary Court in Tehran. The gathering was to protest the recent state pressures on women's rights defenders.

In today's peaceful protest, women held banners reading, "Article 27 of the constitution guarantees the right to peaceful protests" and "We, too, participated in the previous peaceful protest on 22 Khordad" to show their solidarity with the five women activists who had been summoned to the court for previous peaceful protests and had their appearance in court at the time.

The organizers of the two major current campaigns, Stop Stoning Forever, and One Million Signatures to Change the Discriminatory Law, have been among the women rights defenders by the National Security Police.

WHAT YOU CAN DO

• Sign the petition:

Please by signing this online petition:

http://www.meydaan.com/English/petition.aspx?cid=52&pid=11 

When you sign the petition, a copy of it is sent to the offices of Mr. Seyed Mahmoud Shahroudi, the Head of Judiciary, and another copy is sent to Mr. Golam-Ali Haddad-Adel, the leader of the Iranian Parliament.

• Spread the Word:

Please tell friends about this campaign and ask them to support the release of women's rights defenders, too.

• Write a Letter:

Also, you can directly write to the Iranian authorities, including Mr. Seyed Mahmoud Shahroudi, the Head of Judiciary, Mr. Golam-Ali Haddad-Adel, the leader of the Iranian Parliament ,and Mr. Mahmoud Ahmadinejad, the President of the Islamic Republic of Iran.

In your letter, please ask the Iranian authorities to uphold the law and refer to the article 27 of the Iranian constitution, "Public gatherings and marches may be freely held, provided arms are not carried and that they are not detrimental to the fundamental principles of Islam." and ask for an immediate and unconditional release of all the women rights defenders.
 
Please send letters to:

Head of the Judiciary:
His Excellency Ayatollah Mahmoud Hashemi Shahroudi
Ministry of Justice, Park-e Shahr, Tehran, Islamic Republic of Iran
Email: irjpr@iranjudiciary.org <mailto:irjpr@iranjudiciary.org > (mark 'Please forward to HE Ayatollah Shahroudi')
(Salutation: Your Excellency)

President:
His Excellency Dr. Mahmoud AhmadiNejad
The Presidency
Palestine Avenue, Azerbaijan Intersection, Tehran, Islamic Republic of Iran
Fax: +98 21 649 5880
E-mail: dr-ahmadinejad@president.ir < mailto:dr-ahmadinejad@president.ir > (Salutation: Dear Sir)

Golam-Ali Haddad-Adel, the leader of the Iranian Parliament Majles-e Shura-ye Eslami
Imam Khomeini Avenue, Tehran, Islamic Republic of Iran
Fax: +98 21 646 1746 (occasionally difficult to reach, please be patient)
(Salutation: Dear Sir)


Please note that it is not always easy to send fax and email to Iran and we urge you to also courier your letters to the Iranian embassy in your country (see the listing of an Iranian embassy in your country here:
http://www.salamiran.org/content/index.php?option=com_content&task=view&id=220&Itemid=324

Pakistan: Demand justice for a teenage girl who have been abducted, raped and disrobed

Background Information on the case:

A 16-year-old girl Miss Nasima is living in Habib Labano village, Langho Union Council, Ubaro Town, Ghotki district, Sindh province, Pakistan. On 27 January 2007, she was abducted along with her mother Ms. Zareena from her home by 11 persons living in the same village. They include Mr. Abdul Sattar Labano, Mr. Moor Zado, Mr. Abdul Jabbar, Mr. Munawar Hussian, Mr. Mohammad Anwar Hussain Labano, Mr. Khadim Hussain Labano, Mr. Ali Hassan, Mr. Shah Baig and Mr. Shabeer Loung. Mr. Abdul Sattar Labano is the father of Mr. Mohammad Anwar Hussain Labano and the other perpetrators are their close relatives.

The girl was then taken to the house of one local influential person namely Mr. Abdul Sattar Labano. The mother was released, while the girl was taken into a room. According to the girl, she was first raped by Mr. Mohammad Anwar Hussain Labano and then by his father Mr. Abdul Sattar Labano before she was fainted. She does not clearly remember what happened to her after that. Meanwhile, the girl's mother shouted for help outside the house and several women and men gathered upon hearing her cry. The group shouted and knocked on the door loudly. Afraid that the police might arrive the perpetrators became scared and kicked the naked girl outside the house. When they found no police outside, the perpetrators rudely forced the girl to parade naked through her village.

It is alleged that the girl's cousin namely Mr. Bhan Labano fell in love with a girl who was a friend of one of the alleged perpetrators. They then secretly married and left for another town. The perpetrators were against this marriage because of caste differences between the two families. Both families belong to Labano caste but the victim's family is from lowest level of the same Labano caste. The perpetrators led by Mr. Abdul Sattar Labano had been allegedly threatening the victim's family to break the marriage and produce the man before them, saying that otherwise the victim's family would face dangerous consequences. On January 27, the perpetrators finally barged into the victim's house and abducted her and her mother, when her father was not at home.

Soon after being released from the house, some people took the girl to the government hospital in Sukkur City for a medical examination. The female doctor Ms. Zaib-ul Nisa conducted the examination on the girl but declared in her medical report that she was about four months pregnant. The female doctor later reportedly said that she denied rape of the girl because of heavy pressure from influential persons.

Local people infuriated by the doctor's report, began to protest outside the hospital and marched into the Ubaro town. However, Mr. Aftab Farooqi, Sub Inspector and investigation wing-in-charge of the Ubaro police station, has allegedly refused to register the case of rape. However, the police later simply recorded the complaint of the girl's father to calm down the local people's protest but still refused to register the rape charges against the perpetrators, saying that they cannot institute the rape case without medical confirmation by law. As a result, no First Information Report (FIR), which is the crucial first step to seek prosecution of the offenders, has been registered and subsequently any charges of rape and abduction have not been filed against the alleged perpetrators by the police.

The victim was then admitted at the Sukkur District Civil Hospital, where she was received the second medical examination.

The Ubaro police arrested five including Mr. Mohammad Anwar Hussain Labano among 11 perpetrators but for a simple inquiry about the complaint lodged by the girl's father, as no FIR has been registered against them. The remainder of the perpetrators are walking freely around the village and has been openly threatening the girl's father to withdraw his complaint against them. After the police inquiry, the arrested five persons may be released as no case has yet been filed against them.

Now the victim and her family are living in fear for their security, while being denied any redress or protection from the government authorities.

Sample Letter:


Respected Sir,

We, the women right’s activists express strong anger over the brutal incident in Ghotki District of Sindh, where teenage Nasima, daughter of Hamzo Mohammad, was kidnapped, gang raped and later forced to parade naked by 11 armed men of Labano tribe on the pretext of exacting retribution. According to newspaper reports, Nasima’s boy cousin eloped and married a Labano girl.

We are extremely disturbed to learn that the lady doctor of a government hospital in Sukkur, who conducted the medical examination on the girl immediately after the incident, denied rape and declared her pregnant under heavy pressure from influential persons.

Infuriated by the doctor's report, the locals protested and forced police to record the complaint of the girl's father. However, police refused to register the rape charges against the perpetrators, maintaining that by law they cannot institute a rape case without medical confirmation.

Nasima was admitted at the Sukkur District Civil Hospital, where she got the second medical examination. But the report has not been released in fact is kept in abeyance.

We are appalled that the police have arrested six of the 11 tribesmen for a simple inquiry as no FIR has been registered against them for abduction, rape and forced disrobing. The rest of the perpetrators are still walking freely around the village and have been openly threatening the girl's father to withdraw his complaint against them.

Nasima’s family in the meantime is being harassed and pressurized by local influentials to drop the case and reach a settlement through the local jirga.

We appeal to the State authorities to ensure justice to Nasima by:

• Conducting a transparent/fair and proper inquiry

• Releasing factual medical examination report

• Immediate registering of FIR with charges of gang rape, abduction and forced disrobing against the alleged perpetrators

• Protecting the girl and her family from future intimidation and threats

• By taking appropriate measures to avoid any abuse of law in the hands of influentials

We would also like to request the State Judiciary to take cognizance of the heinous crime and take suo motu action against the perpetrators.

Yours Sincerely

SUGGESTED ACTION:
Please urgently write to the relevant Pakistan authorities listed below.

General Pervez Musharraf 
President
Islamic Republic of Pakistan
President's Secretariat
Islamabad
PAKISTAN
Fax: 51 922 1422, 4768
51 920 1893, 1835

Mr. Muhammad Wasi Zafar
Minister of Law, Justice and Human Rights
S Block Pakistan Secretariat
Islamabad
PAKISTAN
Fax: +92 51 920 2628
E-Mail: minister@molaw.gov.pk

Mr. Justice Iftikhar Choudhry
Chief Justice of Pakistan
Supreme Court Building
Islamabad
Pakistan
Fax: +91-51-921 3452

Mr. Justice Sabih Uddin
Chief Justice of Sindh High Court
High Court Building
Saddar
Karachi
PAKISTAN
Fax: +92-21-9213220
Email: info@sindhhighcourt.gov.pk 

Chief Secretary
Government of Sindh
Chief Secretariat,
Karachi, Sindh province,
PAKISTAN
Tel: +92 21 921950
Fax: +92 21 9211946
Email: cs.sindh@sindh.gov.pk

Secretary
(Criminal Prosecution) SGA &CD Department
Government of Sindh
Sindh Secretariat,
Karachi, Sindh Province.
PAKISTAN
Email: secy.cpsd@sindh.gov.pk

Dr. Faqir Hussain
Registrar
Supreme Court of Pakistan
Supreme Court Building
Islamabad
PAKISTAN
Tel: +92-51-9213770
E-mail: registrar@supremecourt.gov.pk

Sample Letter:

We write to voice our total condemnation of increased instances of abductions by secret agencies operating in Pakistan. More disturbing is the lack of state responsiveness to ascertain whereabouts of these missing people despite various protests by their relatives.

In several cases First Information Reports (FIRs) were lodged with the concerned police departments but no subsequent efforts were made to recover the missing ones particularly in one case police explicitly refused to register the case as an abduction and disappearance and allegedly said that they cannot file cases involving secret agencies from the federal government.

The delay in recovering these missing people appears to mirror the state’s failure to practice rule of law in the country. As a member of the United Nations, Pakistani Government is obliged to adhere to Article 3 of the Universal Declaration of Human Rights which provides for the right to life, liberty and security of person. Moreover Article 9 of the Constitution of Pakistan clearly declares that “No person shall be deprived of life or liberty save in accordance with the law.

Such interferences by the personnel of secret agencies without adopting due process of law pose a serious threat to the law and order situation of the country and are regarded as gross violation of Constitutional guarantees of human rights. We therefore urge you to kindly take adequate measures to:

• Locate the missing people as soon as possible and ensure protection to them.

• Take steps to put an end to “acts of terror”.

• Keep a check on operations undertaken by the secret agencies.

Send letters to:

General Pervez Musharraf
President
President’s Secretariat
Islamabad
PAKISTAN
Fax: +92 51 922 1422, 4768/ 920 1893 or 1835
E-mail: (please see - http://www.presidentofpakistan.gov.pk/WTPresidentMessage.aspx)

Justice Iftikhar Muhammad Choudhry
Chief Justice of Pakistan
Supreme Court of Pakistan,
Constitution Avenue,
Islamabad
PAKISTAN
Tel: + 92 51 9213767
Fax: + 92 51 921 3452
E-mail: cjpakistan@yahoo.com 

Mr. Aftab Ahmed Khan Sherpao
Federal Minister of Interior
Room#404, 4th Floor, R Block,
Pak Secretariat
Islamabad
PAKISTAN
Tel: +92 51 9212026
Fax: +92 51 9202624
E-mail: minister@interior.gov.pk

Mr. Muhammad Wasi Zafar
Minister of Law, Justice and Human Rights
S Block,
Pakistan Secretariat,
Islamabad,
PAKISTAN
Fax: +92 51 920 2628
E-mail: minister@molaw.gov.pk

A Statement by the Asian Human Rights Commission

PAKISTAN: Higher Judiciary is providing impunity to perpetrators in cases of disappeared persons

The judiciary of Pakistan has abdicated their duty to protect the citizens of the country by their blatant and open failure to handle cases of disappearances thereby providing the secret agencies of the Pakistan Army all the time they require to illegally detain people in torture camps.

The higher judiciary of Pakistan is claiming that it has obtained the release of 25 persons from the "secret agencies" out of 41 cases of disappeared persons. The fact is that they were not released by the orders of the courts but during the proceedings of the cases of habeas corpus - the secret agencies themselves released the persons.  On the January 8, 2006 the court was informed by the counsels acting for the victims that it is not 25 persons who have been released but only 18 persons; a fact that the court appeared to be totally unaware of.  This has once again shown that “secret agencies of the army” have no respect for the orders of the country's highest courts and as such, the courts and the people are at the mercy of Army intelligence agencies.  At present there are more than 5000 persons missing after arrest since start of the “war on terror”.

There is one interesting case of disappearance where Sindh High Court has allowed the victim's family to make agreement for the release of the victim from the “secret agency” out of court.  Not once in the nine months of the person's illegal detention did the Sindh High Court order the Army to produce the person.  This was the case of Mr. Muneer Ahmed Mengal, the chief executive of the “Baloch Voice”, a television channel based in Dubai, who was arrested on his arrival at Karachi Airport on 4 April, 2006. The court allowed the family to deal directly with the Army for the victim's release and did not allow the victim's family to withdraw the case.

The Asian Human Rights Commission is shocked to learn that a high court, the highest judiciary of the Sindh Province is allowing “secret' agencies to make out of the court settlements and is not attempting to punish the “secret agency” for not obeying or respecting the courts.

If the abductors of a citizen (who are frequently known to be elements of the Army) are allowed by the higher courts to make out of court deals for the release of the victim what is the purpose of the judicial process?  What is the purpose of the courts?

In fact, the higher judiciary of Pakistan has the right to take up any case of public interest, which is called as “Sou Motu”, but it is difficult for the judiciary to see which cases are in fact of public interests. For example the Punjab government has allowed the citizens to celebrate the Basant Festival, an yearly festival to welcome Spring, but the chief justice of Pakistan has taken strong notice of this event and is using the power of Sou Motu, ordered the Punjab provincial government, to stop the said event and the traditional flying of the Kites.  In an other case, when the Acting chief justice of Supreme court, Mr. Rana Bhagwan Das was in Karachi and when he was passing along a road he saw a ruptured sewerage line.  He took up Sou Moto action and ordered the authorities of Water and Sewerage Board to immediately maintain it.  Amazingly, cases of disappearances at the hands of law enforcement agencies do not raise the indignation of the judiciary of Pakistan compared to the flying of kites and sewerage lines.

Only recently is the higher judiciary taking up some cases of disappearances because the Prime Minister's Secretariat has sent them to Court. Prior to that, courts were not even regularly hearing the cases of disappearances. However, until now the courts have no confidence to inquire from the Inter Services Intelligence (I.S.I), the Military Intelligence (M.I.) and Intelligence Bureau (I.B.), about whom the relatives of the disappeared people claim that these agencies have arrested. The victim's families have even provided the vehicle registration numbers in which the said persons were arrested and also the names of the police officers and police stations they were taken to, but the Judges have done nothing. Some disappeared people who have been released by the “secret agencies” have testified in the court that they were in custody of “secret agencies” and were tortured.  However, the courts as usual accept the stereo typed statement of the home departments that the missing persons are not in their custody.

The Asian Human Rights Commission takes serious note of the failure of the higher judiciary in connection with disappeared persons. The disappearances of people numbering in their thousands number show the state of the rule of law, the weak functioning of judicial system.  The AHRC has previously commented on the cavalier attitude of the country's judiciary with regard to the lives and welfare of the citizens it is supposed to be protecting.

URGENT APPEAL URGENT APPEAL URGENT APPEAL URGENT APPEAL

ASIAN HUMAN RIGHTS COMMISSION- URGENT APPEALS PROGRAMME

Urgent Appeal

9 January 2007
------------------------------------
UA-008-2007: PAKISTAN: Another Hindu girl forcibly converted to Islam after being abducted

PAKISTAN: Forced conversion of religion; illegal minor marriage; no protection for religious minorities; abduction; particularity of the judiciary and local administration on the violation of the religious minority's rights; impunity; un-rule of law  
-------------------------------------

Dear friends,

The Asian Human Rights Commission (AHRC) received the information that a 17-year-old Hindu girl, Deepa has been missing since she was abducted by her Muslim tuition teacher on 31 December 2006. It is alleged that she was forcibly converted to Muslim and married to the said teacher. It is also reported that the local police and politicians are preventing the girl's family from lodging a complaint with the police station regarding the incident, as influential local figures are behind this incident. The AHRC notes with great concern that abducting young girls from religious minorities and forcibly converting them to Islam are a common feature in Pakistan. These crimes are being committed without hindrance due to the indifference of the local authorities.  

CASE DETAILS:

Seventeen-year-old Deepa is the daughter of Mr. Besham Das and a resident of Madhwani Mohala, Rail road, Islam Kot, Tharparkar district, Sindh province, Pakistan. After her matriculation, Deepa was having tuition with a teacher namely Mr. Ashraf Khaskheli, a young Muslim man who is also a seminary teacher at Madrasa Khanqah Gulzar-e-Khalil, Samaro town, Tharparkar district. 

On 31 December 2006, Deepa left her house to have tuition and failed to return. At 7:00pm in the evening her parents went to Mr. Ashraf's house to inquire about their daughter. They were told that Mr. Ashraf had taken her to the Khanqah Gulzar-e-Khalil Madressa seminary in Samaro town and married her after converting her to Islam. Deepa remains missing since then. 

It is alleged that the owner of the seminary Mr. Ayube Jan Sarhandi has provided shelter to Mr. Ashraf and Deepa. When he was contacted by the AHRC staff, Mr. Ayube Jan Sarhandi said that Mr. Ashraf came to him with Deepa in the late evening of December 31 and he converted Deepa to Islam because she had agreed. He then issued a certificate of his seminary that Deepa has become Muslim and provided a car for their safe journey to place of their own choice.

Tharparker district is the electoral constituency of the sitting chief minister of Sindh province and Mr. Ayube Jan Sarhandi is an influential man in the province as he has good political connections with government officials.  

However, Deepa's parents and the local Hindu community worry that Deepa might have been forced to converted to Islam and married Mr. Ashraf after being abducted because this is a common situation in the area. The girl's parents and neighbors also say that they did not see any sign that there had been a love affair between Deepa and Mr. Ashraf. They further argue that if Deepa had married Mr. Ashraf voluntarily he could have brought Deepa to his house quite openly.  However, instead her whereabouts are unknown to date. They also argue that marriage of a minor is still illegal according to law.   

According to Hindu religious community in Tharparkar district where a good population of the Hindu religious community resides some Muslim seminaries in the district are provoking young Muslims to convert Hindu girls to Islam as it is equal to Haj-e-Akbari, the highest Islamic religious duty. Mr. Amar Nath, the president of Hindu Panchayat, Karachi, also reported that more than 15 families are forcibly converted to Muslims in Sindh province every year through kidnapping Hindu young girls. By converting them to Islam the abductors are rewarded with marriage to the kidnapped girls.

Meanwhile, the Banay police have refused to register the complaint regarding this case allegedly because powerful persons are involved. Instead of taking action against Mr. Ashraf according to law, Mr. Arbab Zakaullah, the uncle of the chief minister of the Sindh province and Mr. Kishan Chand, the advisor to the chief minister on minority affairs also requested Deepa's family not to lodge the case of abduction and forced conversion of the religion against Mr. Ashraf with the police. They promised that they would try their best to obtain Deepa's release. As a result, the case has not been registered with the police.

ADDITIONAL COMMENTS: 

It has become a common practice in Pakistan that some Muslim seminaries are encouraging the young men to convert non Muslim minorities to Islam. The young people generally kidnap the young girls of non Muslims and rape them. In cases where they are later arrested by the police, they produce a certificate issued by any Muslim seminary that the kidnapped girls have adopted Islam and that they married the girls. Many of these girls are minor. However, the courts generally do not consider this fact and simply accept the certificate as legitimate.

For example, a 15-year-old Pooja living in Chaki Wara, Lyari town, Karachi was abducted by two Muslim men namely Mr. Iqbal and Arshad with the help of Mr. Iqbal's sister on 23 July 2006. A First Investigation Report (FIR) number 232/2006 was lodged at the Chakiwara police station on July 25 and she was found on the same day. The medical examination, which was conducted on July 27, revealed that Pooja was raped. But on July 27 a certificate issued by a seminary called Darul Amjadia was produced before the court of the 10th Judicial Magistrate, Karachi declaring that the girl has converted to Islam. On December 19, the court accepted the certificate and released Pooja from jail and did not allow her family to take her. As soon as she was released, Pooja was kidnapped again by the same persons and her whereabouts remain unknown. The court also did not consider that Pooja is a minor. According to Pakistani laws, marriage of a girl below 18 years is prohibited and particularly Section 2 of Juvenile ordinance 2002 states that a person below 18 years is considered a child.

In another case, a 16-year-old Hindu Komal living in Hawks bay, Karachi was abducted 2 August 2006 and forcibly converted to Islam. She remains missing since then. The victim's lawyer Mr. Amar Nath, who is the president of Hindu Panchayat Karachi, says that the Hawks Bay police have been refusing to register the complaint regarding this case allegedly because the powerful seminary is behind the abductors.

Please also refer our previous urgent appeal regarding the failure of the police and the judiciary in to the abduction of three Hindu sisters who have been forcibly converted to Islam: UG-020-2006.

SUGGESTED ACTION:

Please immediately write to the relevant authorities listed below and urge them to launch an immediate and full inquiry into this serious case. Please also urge them to locate the victim and ensure that she is released without further delay and take action against the alleged abductors. Please also the Government of Pakistan to take genuine action to prohibit such brutal practice against the religious minorities and protect the rights of children. 

To support this appeal, please click:

 

Sample letter:

PAKISTAN: One more Hindu girl was forcibly converted to Islam after being abducted
 

Name of the victim: 17-year-old Deepa, daughter of Mr. Besham Das, the resident of Madhwani Mohala, Rail road, Islam Kot, Tharparkar district, Sindh province, Pakistan
Alleged perpetrators:

Mr. Ashraf Khaskheli, son of Ghulam Qadir Khaskheli, a seminary teacher at Madrasa Khanqah Gulzar-e-Khalil, Samaro town, Tharparkar district, Sindh province (prime suspect)

Mr. Ayube Jan Sarhandi, the owner of the seminary called Madrasa Khanqah Gulzar-e-Khalil, Samaro town, Tharparkar district

Station House Officer of the Banay police station

Mr. Arbab Zakaullah, the uncle of the chief minister of the Sindh province 

Mr. Kishan Chand, the advisor to the chief minister on minority affairs

Date of abduction: 31 December 2006
 
I am deeply concerned by an alleged abduction and the subsequent forced conversion of religion of a 17-year-old Hindu girl named Deepa by her tuition teacher, Mr. Ashraf Khaskheli.

According to the information I have received, Deepa was abducted by Mr. Ashraf on 31 December 2006 and taken to the Khanqah Gulzar-e-Khalil Madressa seminary in Samaro town where she was allegedly forcibly converted to Islam and married to Mr. Ashraf. Deepa remains missing since then.

Mr. Ayube Jan Sarhandi, the owner of the said seminary, insist that he converted Deepa to Islam because she voluntarily wanted to do so and then issued a certificate of his seminary that Deepa had become Muslim. However, Deepa's parents and the local Hindu community worry that Deepa might have been forced to converted to Islam and married Mr. Ashraf after being abducted because this commonly take place in the area. The girl's parents and neighbors also say that they did not see any sign that there was a love affair between Deepa and Mr. Ashraf. They further argue that Mr. Ashraf could have brought Deepa to his house if she voluntarily married him but instead her whereabouts are unknown to date.

I also want to draw your attention that a minor marriage is still illegal according to Pakistani laws that prohibit marriage of a girl below 18 years. Section 2 of Juvenile ordinance 2002 also stats that a person below 18 years is considered as a child.
   
I am also informed that the Banay police have allegedly refused to register the complaint regarding this case because the powerful persons are involved in. Instead of taking action against Mr. Ashraf according to law, Mr. Arbab Zakaullah, the uncle of the chief minister of the Sindh province and Mr. Kishan Chand, the advisor to the chief minister on minority affairs also allegedly requested Deepa's family not to lodge the case of abduction and forced conversion of the religion against Mr. Ashraf with the police and they would try their best to release Deepa. As the result, the case has not been registered with the police.

I am gravely concerned that it is a common practice in Pakistan that some Muslim seminaries are encouraging the young men to convert non Muslim minorities to Islam. The young people generally kidnap the young girls of non Muslims and forcibly have sex with them. In case when they are later arrested by the police, they produce a certificate issued by any Muslim seminary that the kidnapped girls have adopted Islam and they married the girls. Many of these girls are minor. However, the courts generally do not consider this fact and simply accept the certificate as a good excuse of the abduction. I was informed that more than 15 families are forcibly converted from Hindu to Muslims in Sindh province every year through a way of kidnapping Hindu young girls, converting them to Islam and reward the abductors with marriage of the kidnapped girls. All these violations against the religious minority have been continued with no effective action by the Government of Pakistan to prohibit them.

In light of the above, I strongly urge you to order an immediate and full inquiry into this incident. The case relating to this case should be registered and proper inquiry should be conducted without further delay. The alleged abductor must be arrested and prosecuted accordingly. I also request you to put your effort to locate the victim and ensure that she is released as soon as possible. I further request you to inquire about the alleged inaction by the Banay police as well as the alleged intervention from the influential persons to prevent this case from being pursed and proper action should also be taken against those responsible. Lastly, I urge the Government of Pakistan to take genuine action to prohibit such brutal practice against the religious minorities and protect the rights of children. 
Your urgent intervention will be highly appreciated.
------------------------

PLEASE SEND YOUR LETTER TO:

General Pervez Musharraf
President
President’s Secretariat
Islamabad
PAKISTAN
Fax: +92 51 922 1422, 4768/ 920 1893 or 1835
E-mail: (please see - http://www.presidentofpakistan.gov.pk/WTPresidentMessage.aspx)
 

Mr. Mohammad Ijaz ul Haq
Minister of Religious Affairs
Zakat & Ushr Wing
Near GPO, Islamabad
PAKISTAN
Tel: +92 51 921 4856
E-mail: minister@mra.gov.pk or infor@mra.gov.pk
 

Dr. Arbab Abdul Rahim
Chief Minister of Sindh
Chief Minister House
Karachi
PAKISTAN
E-mail: cm.sindh@sindh.gov.pk
 

Justice Iftikhar Muhammad Choudhry
Chief Justice of Pakistan
Supreme Court of Pakistan,
Constitution Avenue,
Islamabad
PAKISTAN
Tel: + 92 51 9213767
Fax: + 92 51 921 3452
E-mail: cjpakistan@yahoo.com 
 

Mr. Aftab Ahmed Khan Sherpao
Federal Minister of Interior
Room#404, 4th Floor, R Block,
Pak Secretariat
Islamabad
PAKISTAN
Tel: +92 51 9212026
Fax: +92 51 9202624
E-mail: minister@interior.gov.pk
 

Mr. Muhammad Wasi Zafar
Minister of Law, Justice and Human Rights
S Block,
Pakistan Secretariat,
Islamabad,
PAKISTAN
Fax: +92 51 920 2628
E-mail: minister@molaw.gov.pk
 

Ms. Asma Jahangir
Special Rapporteur on the right to freedom of religion or belief 
c/o OHCHR-UNOG
1211 Geneva 10
SWITZERLAND
Fax: +41 22 917 9006 (ATTN: SPECIAL RAPPORTEUR VIOLENCE AGAINST WOMEN)
 

Ms. Yakin Erturk
Special Rapporteur on Violence against Women
Room 3-042
c/o OHCHR-UNOG
1211 Geneva 10
SWITZERLAND
Tel: +41 22 917 9615
Fax: +41 22 917 9006 (ATTN: SPECIAL RAPPORTEUR VIOLENCE AGAINST WOMEN)

Thank you.

Urgent Appeals Programme
Asian Human Rights Commission (ahrchk@ahrchk.org)

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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
 

Philippines: Demand a Fair Trial in the Subic Rape Case in the Philippines

Human Rights advocates condemn instances of sexual violence against women committed by US military forces and demand justice for Nicole, a survivor of rape committed by American Marines in November 2005. Similar incidents have been witnessed in Okinawa, Korea and in many other areas where US military bases are located. We demand that concerned authorities recognize obligation to address continued instances of sexual violence against women and take necessary measures to ensure protection of women from future violations.  

Dear friends,

Asia-Japan Women's Resource Center (AJWRC) has launched an international petition campaign for justice for Filipino rape victim by US military forces, since it is one of most serious human rights concerns in East Asia. I should like to ask for your cooperation in disseminating this information widely. For any inquiry, please e-mail me at ajwrc@ajwrc.org.

Hisako Motoyama
Secretary-General
AJWRC

================================================================

JOIN INTERNATIONAL PETITION CAMPAIGN

We Demand a Fair Trial in the Subic Rape Case in the Philippines!

================================================================

In November 2005, a Filipino woman was raped by US Marines. Her cry for justice is also the cry of women in Okinawa, Korea and in many other areas where US military bases are located. We call for international support to demand a fair trial and to end the impunity of violence against women by the US military forces. Please go to the petition site and give your signature NOW.
http://www.petitiononline.com/subic/petition.html

This petition campaign is initiated by Japan Network to Support the Victim of Subic Rape Case in the Philippines, in association with the Task Force Subic Rape. For more details about the case, visit the blog of the Task Force.
http://subicrapecase.wordpress.com/
Also please join another petition campaign for Nicole.
http://www.ipetitions.com/petition/justicefornicole/

_________________________________________________
Your Excellency Mrs. Gloria Macapagal-Arroyo, President of the Republic of the Philippines, The Honorable Mr. Benjamin T. Pozon, Presiding Judge of Makati Regional Trial Court, Branch 139

We Demand a Fair Trial in the Subic Rape Case in the Philippines!

On the evening of November 1st 2005, a 22-year old Filippina National "Nicole", was allegedly raped by an American Marine inside a van while being egged-on by three other servicemen, at the former American naval base, Subic Bay at Olongapo City, Northwest of the Philippine capital, Manila. The four marines, based in Okinawa, Japan, were in the country consequent of the joint Republic of the Philippines (RP) - US "anti-terror" naval military exercise, Talon Vision.  Nicole's subsequent criminal complaint against the four defendants, which first came to trial in April 2006, is notable in that, despite the fact that there have been over 3000 criminal complaints brought against US personnel in Olongapo City alone, it was the first case to reach the Philippine courts concerning US military personnel.

However, the Philippine government failed to take custody of the four accused even after it requested custody because the US government refused, citing the VFA provision.

The "Visiting Forces Agreement" (VFA) states that the US can have immediate custody of their men if they so request, but the Philippines can make known its position in "extraordinary cases." Heinous crimes as rape must be among the extraordinary cases. The VFA cannot be interpreted to give the US government the blanket authority over its servicemen in the Philippines, since this interpretation allows the violation not only of the rules and statutes but also of the Constitution of the Philippines. Further, the lead state prosecutor did not earnestly prosecute the case, but rather actively attacked the victim.

At our great dismay, the trial was abruptly brought into conclusion on October 5, since the chief prosecutor arbitrarily cancelled the rebuttal to the defendants.
 
In this situation, we are seriously concerned about the judgment that is expected on November 27, 2006, whether it meets the demand of Nicole for justice.

We commend Nicole for her courage to end the impunity of violence against women by the US military forces. Her cry for justice is also the cry of women in Okinawa, Korea and in many other areas where US military bases are located. We will not allow the US military to violate laws and to spread war and violence against women around the world any more. We demand justice for Nicole, to protect human rights, and the lives and safety of women, children, elderly people and all citizens.

We demand that:
1. The court should give those accused fair and strict punishments.
2. The US and Philippine governments recognize obligation to address
continued sexual violence against women around the US-military- related facilities and to take necessary measures.
----------------------------------------------


*********************************
Asia-Japan Women's Resource Center
14-10-211  Sakuragaoka
Shibuya-ku, Tokyo 150-0031, Japan
Tel: +81-3-3780-5245  Fax:+81-3-3463-9752
E-mail: ajwrc@ajwrc.org
http://www.ajwrc.org/
 

Mexico: The abduction and murder of women in Ciudad Juarez and Chihuahua City

Minerva Teresa Torres Albeldaňo, an eighteen-year-old woman from Chihuahua City in the State of Chihuahua, Mexico, disappeared on 13 March 2001 after leaving home to attend a job interview. It took nine days for the police to initiate a search for Minerva. They maintained that she had run away, denying the urgent and repeated requests of her 'parents for intervention. When the media reported that the remains of a body had been found by the Chihuahua State Judicial Police in July 2003, Minerva's family, along with the families of other missing girls, DNA tests to be carried out or for other attempts- to be made to identify this and other body that had been discovered. The authorities, however, did not perform any DNA testing on the remains and did not inform the families of any other efforts they were undertaking to identify the body. Instead, they stored the remains in the Office of Expert Services of the State Public Prosecutor’s Office. At-the-same time, they repeatedly told Minerva’s parents that Minerva was alive, even that she had been located. The police took Minerva's mother and other mothers whose daughters were missing to brothels in areas where the missing young women had supposedly been located, leaving the women waiting in vain while the policemen reportedly sat around drinking. Officers assigned to the case changed repeatedly and leads were not followed up in a timely way. Finally in April 2005, four years after Minerva's parents had declared her missing, the Public Prosecutor's office asked Minerva's parents to provide DNA samples. On 28 June 2005 they were informed that the remains discovered on 16 July 2003 and held in the Office of Expert Services for two years were those of Minerva. It was at that time also that Minerva's family identified the clothing on the remains, which matched the details they had provided to the po1ice when she first disappeared. Jesus Jose Solis Silva was the State Public Prosecutor when Minerva was reported missing. He resigned in 2004 when 17 state police officers were implicated in the drug-related murders of 12 people.

Over the past decade, several hundred women have been murdered in or near Ciudad Juarez, a town in the state of Chihuahua at the United States border. Murders of a similar pattern have also occurred in Chihuahua City. Minerva's case illustrates the repeated and consistent failure of the Mexican authorities to investigate these crimes properly. The federal government officially cites 379 murders of women from 1993 up to the end of 2005, but this official number does not include homicides in Chihuahua City. In addition, federal officials have cited 34 missing women from Ciudad Juarez unaccounted for.

International bodies, state and national human rights commissions and international, national and local non- governmental organizations and family groups have undertaken independent inquiries into the murders of women in Ciudad Juarez. They have all criticized the Mexican authorities' inefficient and incompetent investigations of the murders. The National Human Rights Commission in Mexico as early as 1998 called for the investigation of the Chihuahua State Public Prosecutor for his role in neglecting to investigate the human rights abuses being committed against women in Ciudad Juarez. The Special Rapporteur of the Inter-American Commission on Human Rights reported after her visit to Mexico in February 2002 that the impunity that had existed since 1993 with respect to the serious violations of women's rights in Ciudad Juarez contributed significantly to the perpetuation of violence against women. The 2005 report issued by the United Nations Committee on the Elimination of Discrimination Against Women (the CEDA W Committee), following its 2003 visit and inquiry into the murders in Ciudad Juarez, noted that "[v]iolence against women has... taken root [in Ciudad Juarez] and has developed specific characteristics marked by hatred and misogyny." The CEDAW Committee found that these crimes were gender-based and suggested this is why they have been tolerated for years by the authorities with total indifference. In addition, in Chihuahua State evidence of use of torture in one case and allegations of others to extract confessions has compounded the belief that some of those accused have been framed, which has put in further doubt the government's commitment to securing justice in these cases.

The federal authorities have always maintained they do not have the authority to investigate cases from Chihuahua State unless there is suspicion of organized crime. However, with the continuing failure of the Chihuahua State authorities to respond effectively to the murders and to identify and bring the perpetrators to justice, they finally in 2004 established the Office of the Special Prosecutor with a mandate to collaborate with and support the Chihuahua State authorities to resolve the homicides in Ciudad Juarez. The first Special Prosecutor, Maria Lopez Urbina, issued three reports in which she identified 131 state officials who appeared to have criminal and/or administrative responsibility for the mishandling of investigations. The federal authorities replaced Maria Lopez Urbina in May 2005 without explanation and the position of Special Prosecutor was brought to an end in February 2006 with the issue of a final report. That report implicated 177 public servants, including judicial police and prosecutorial staff, involved in 120 cases (i.e. over 35% of all public servants involved in homicide cases from 1993 to 2005), who are said to have acted either with administrative or criminal negligence. The State Public Prosecutor's office claims that all state officials implicated by the Special Prosecutor in negligence have been removed from their positions. However, information from the Special Prosecutor documenting the alleged misconduct remains confidential and there has been no indication that any of the officials mentioned have been prosecuted, even in cases of suspected criminal responsibility.

The Special Prosecutor's final report points out that some murders in Ciudad Juarez may go unpunished due to serious deficiencies and omissions of investigation, as well as the length of time that has passed since these crimes were committed. This ongoing failure to deliver justice is evidenced by the handing back in June 2006 by the federal authorities to Chihuahua State investigators of 14 cases of rape and murder in Ciudad Juarez, which remain unsolved despite a 3-year federal inquiry. Federal authorities had taken over from the Chihuahua State authorities on the basis that organized crime might be involved, but even by 2003 when the inquiry began many of the cases were already two years old. In the meantime, in the continuing climate of impunity, murders of women continue in Ciudad Juarez and Chihuahua City. As recently as July 2006, 23-year old Elsa Anglae Jurado Torres was doused in gasoline and set on fire by an unidentified man in Ciudad Juarez. She died five days later. 

Mexico ratified CEDAW in 1981. CEDAW requires under Article 2 (c) that States Parties "establish legal protection of the rights of women on an equal basis with men and... ensure through competent national tribunals and other public institutions the effective protection of women against any act of discrimination." Although the federal government claims not to have the authority to investigate crimes committed within an individual state, it does have an obligation under CEDA W to ensure the equal protection of women under the law. A similar obligation is imposed under the Inter-American Convention on the Prevention, Punishment and Eradication of Violence Against Women (Convention of Belem do Para), which Mexico ratified in 1998. The Mexican Constitution at Article 133 provides that international treaties ratified by Mexico (including CEDAW) prevail if they are in accord with the laws and the Constitution of Mexico, and the Mexican Supreme Court in interpreting this provision has ruled that international conventions to which Mexico is a party rank higher than federal statutes and can be directly applied. In addition, Mexico's own Constitution guarantees women and men equality before the law.

Recommended Actions

Please write to the authorities listed below. Remind them of the government's obligations under CEDA W to ensure equal protection of the law to women. Urge them to find ways to ensure that all cases of the murder of women in Chihuahua State are appropriately investigated and punished, in particular by prosecuting all those officials considered by the Special Prosecutor to be criminally negligent in their investigations. Mention the case of Minerva Torres as a clear example of investigative misconduct and ask what is being done to bring to justice those who were responsible for the delay or obstruction of justice in her case, including State Public Prosecutor Jesus Jose Solis Silva, who- had oversight responsibility at the time. Call on the authorities to make clear by prosecuting the responsible government officials that obstruction of justice will not be tolerated.

Address you letters to:

MDP Patricia González Rodríguez
Chihuahua State Public Prosecutor
C. Vicente Guerrero #616
Col. Centro C.P. 31000
Chihuahua, MEXICO
Fax: +52 614 4 29 33 00

President Vicente Fox Quesada
Residencia Oficial de “Los Pinos”
Col. San Miguel Chapultepec
C.P. 11850, México, D.F., MEXICO
Fax: +52 55 52 77 23 76

Send copies of you letters to the recently appointed Special Prosecutor for Attention to Crimes Related to Acts od Violence against Women in Mexoico,
Dr. Alicia Elena Pérez Duarte, at Río Amazonas No. 43 Piso 9, Col. Cuauhtemoc, Delg. Cuauhtemoc, C.P. 06500 Mexico, D.F., MEXICO, Fax: +52 55 53 46 09 90, E-mail: atencionmujeres@pgr.gob.mx

Sample Letter:

Respected ……

We, the human rights advocates, are shocked to learn about increased instances of murders and disappearances of women in the state of Chihuahua over the past decade. Official report by the federal government also indicated that several hundred women had been murdered while 34 were missing unaccounted for. More disturbing is the lack of responsiveness by the authorities concerned.

An example of this grave violation is the case of Minerva Teresa Torres Albeldaňo who disappeared in March 2001. Despite urgent and repeated requests of her parents for intervention, the police did not investigate into the case properly and maintained that she had run away. In July 2003, when Chihuahua State’s police found remains of a body, Minerva’s family along with the families of other missing girls called to carry out a DNA test or other attempts for identification. But no advancement was made in this regard and subsequent changes in officers assigned to the case resulted in weak follow up. Finally in June 2005, four years after the incident, Minerva’s parents were informed that remains discovered in 2003 and held in the Office of Expert Services for two years were those of Minerva. This case illustrates repeated and consisting failure of Mexican authorities to investigate these crimes properly.

Independent inquiries into the murders of women in Chihuahua State undertaken by International bodies, state and national human rights commissions and non-government organizations have criticized the Mexican authorities’ inefficient and incompetent investigations of the murders while the 2005 report of the United Nations Committee on CEDAW has termed these crimes gender-based. It may be mentioned that final report by special prosecutor, whose position was brought to an end in February 2006, also pointed out deficiencies and omissions of investigation and implicated 177 public servants, including judicial police and prosecutorial staff with administrative and criminal negligence in 120 cases specifically indicating over 35% of public servants being involved in homicides cases from 1993 to 2005.

Under CEDAW, ratified by Mexico in 1981, it is an obligation on part of the government to ensure equal protection of the law to women in Chihuahua.  We therefore urge you to ensure that all cases of women’s murder are appropriately investigated and punished, in particular by prosecuting all those officials considered by the special prosecutor to be criminally negligent in their investigations. We also call upon the government to take effective measures to prevent occurrence of like incidents in future.

Sincerely

Iran: Stop Stoning Forever Campaign

Women Groups in Iran have started this campaign to put an end to the sentence of stoning to death. Your support can play a crucial role in making this campaign successful and bringing about abolition of this practice.

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