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Link to UN Mandate of the Special
Rapporteur on Freedom of Religion or Belief:
THE OBSERVATORY
New
information
PAK
001 / 1107 / OBS 136.2
Release / Ongoing arbitrary
detentions /
Ongoing forced disappearances
Pakistan
November 16, 2007
The
Observatory for the Protection of Human Rights Defenders, a joint programme of
the World Organisation Against Torture (OMCT) and the International Federation
for Human Rights (FIDH), has received new information and requests your urgent
intervention in the following situation in Pakistan.
New information:
The
Observatory has been informed by the Human Rights Commission of Pakistan (HRCP)
about the release of Ms. Asma Jahangir, who was under house arrest since
November 3, 2007. Yet, the repression goes on against the civil society, in
particular lawyers and judges.
According
to the information received, on November 16, 2007, at 2.30 am, policemen came
to Ms. Jahangir’s house to inform her that her house arrest was lifted. The
Observatory has no information so far as to the legal aspects of this
liberation.
The
Observatory welcomes the release of Ms. Jahangir and wishes to thank all the
persons, organisations, and institutions that intervened in her favour.
However,
the Observatory remains deeply concerned about the ongoing arbitrary detentions
and forced disappearances of hundreds of human rights defenders (see background
information), as they seem to merely aim at sanctioning the mentioned
defenders’ human rights activities and strongly condemns these serious
violations of international human rights law.
The Observatory also recalls
that the order of detention implying a 90 days house arrest remains in place
against Ms. Hina Jilani, Vice President of HRCP and Special
Representative of the United Nations Secretary General for Human Rights
Defenders.
The
Observatory further recalls that, as member of the Human Rights Council,
Pakistan is committed to “uphold the highest standards of promotion and
protection of human rights”[1][1], and
therefore urges the Pakistani authorities put an end to any kind of harassment
against all human rights defenders in Pakistan.
Background information:
In a
context where the President Musharraf has imposed a state of emergency in
Pakistan, suspended the constitution, dismissed the Chief Justice and arrested
leading lawyers, Ms. Asma Jahangir was put under house arrest on November 3,
2007, under a 90 days preventive detention order (SO (IS-I)3 – 24 / 200),
issued by the Home Department of the Government of Punjab and reportedly to
prevent her making “inflammatory speeches”.
In
addition, a house arrest warrant for a period of 90 days has been issued
against Ms. Hina Jilani, who is expected to be detained by the police when she
returns from overseas.
On
November 4, 2007, the police raided the office of HRCP situated at Tipu Block,
New Garden Town in Lahore and arrested 55 of its members[2][2], who were
at the time gathering at a joint action committee to discuss the situation
after the imposition of the state of emergency. Charged with holding “illegal
assembly” and interfering with public officers under the Criminal
Procedure Code, they were taken into preventive detention under
Maintenance of Public Order Ordinance and remanded to the Kot Lakhpat Jail
Lahore. Messrs. Syed Igbal Haider and I. A. Rehman, respectively HRCP Secretary General and Executive
Director, were also among those arrested and were then placed under house
arrest.
On
November 5, 2007, Messrs. Igbal Haider and I. A. Rehman, along with the other
HRCP members who had been arrested on the day before, appeared before a judge
and were sent to the Kot Lakhpat Jail Lahore till the next hearing, on November
6, 2007.
On
November 6, 2007, the 55 members of the HRCP office in Lahore who had been
arrested on November 4 were released on
bail at 7.30 pm by the order of Home Secretary. Yet, they are still facing
charges under the Maintenance of the Public Order Ordinance and sections 146,
147 and 148 of the Penal Code.
Furthermore,
it has been reported that hundreds of lawyers and judges of superior courts are
currently under arrest. Many of them have been subjected to ill-treatment and/or
are detained in unknown locations, while many of those whose locations are
known are denied access to their lawyers and their families. Among them, Mr. Muneer A Malik, former President of the
Supreme Court Bar Association and leader of the lawyers’ movement, currently
detained at the Attack Fort under the custody of the military intelligence ;
Mr. Aitzaz Ahsan, President of the
Supreme Court Bar, and currently kept in Adiayala jail in solitary confinement,
Mr. Tariq Mahmood, former President
of the Supreme Court Bar Association, first detained in the Adiala jail and who
was reportedly shifted to an unknown place; and Mr. Ali Ahmed Kurd, former Vice Chair of the Pakistan Bar Council, in
the custody of military intelligence and being kept at an undisclosed place.
On November 13, 2007. Mr. Afrasiab Khattak, former Chairperson of
HRCP, was arrested, as well as some prominent lawyers in Karachi. On the same
day in Lahore, many released earlier have been rearrested.
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