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ASIAN
HUMAN RIGHTS COMMISSION – URGENT APPEALS PROGRAMME
19 March 2010
Video: http://www.youtube.com/watch?v=xXX9RTtgA_w
Shirmela Farooqi Advisor to Chief Minister Sindh visited Rape
Victim Kastoori Kolhi and said rich people are usually never accused
and therefore her efforts to arrest culprits may go in vain.
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The Asian Human Rights Commission (AHRC)
has learned that four men who allegedly assisted in the rape of a young Hindu
girl have been granted pre-arrest bail by a session court. Rape is a
non-bailable offense in Pakistan and this is against criminal procedure and the law.
Attempts by the family to file an FIR and obtain a medical report have been
obstructed by local police, who later arrested the victim's father on a false
offense. Meanwhile members of an illegal tribal court have reportedly
proposed that the victim marry her rapist and convert to Islam. She has
threatened public self immolation if the perpetrators are not arrested and
brought to justice by the authorities.
CASE DETAILS:
According to information received from local NGOs, the Pakistan Dalit
Solidarity Network and All Kohli, Ms. Kastoori, seen in the video clip below
(also here), is
17 years old and was abducted on 24 January 2010.
After being taken in the evening by Ramzan Khoso, Habib Ullah Khoso and
Ghulam Nabi Khoso, with the help of their armed guard Verio Gur-Ro, Kastoori
was allegedly raped by Ramzan, the eldest of the brothers. She was recovered
the next day from the mens' residence by a group from her community, where
she was found tied up.
On 26 January Kastoori's parents tried to register a First Information Report
at Nagar Parker police station but were turned away. Because of this they
could not obtain an official medical checkup for her at the civil hospital or
the Nagar Parker hospital, which they attempted to arrange on 27 January.
The family rejected an out of court sum offered to them by the father of the
three perpetrators, Muhammad Bachaal Khoso, who is an office bearer for the
local ruling political party and reportedly wields political influence. He
arranged a jirga – an illegal tribal court – on 9 February, allegedly within
the knowledge of Nagar Parker police officers. The jirga members allegedly
pressured the victim's family to accept the marriage of the victim to her
rapist and her conversion Islam. The family rejected this proposal and
continued to try to use legal channels.
With the help of NGOs Kastoori's father was able to file a petition with the
Sindh High Court on February 12, which ordered the filing of an FIR and a
medical examination on 17 February. The report noted that due to the length
of time since the alleged rape it could not find the necessary evidence.
Although an FIR was finally lodged on February 17 under Section 365-B, the
perpetrators were not arrested because they had successfully applied for
pre-arrest bail from the Sessions Court in Mithi, even though the court is
not authorized to do so at that level. We are told that the police then
arrested the father of the victim (along with 12 others) on February 18 for
stealing valuable sap from a Guggal plant, although Guggal is not cultivated
in the area.
At the Hyderabad press club Kastoori (featured in the You Tube video,
embedded) has threatened to publically kill herself if the perpetrators are
not arrested. Mr. Hameed Chand, Assistant Sub Inspector in Naga Parker, and
the investigation officer have told human rights activists that they are
being prevented from pursuing the case by ruling party members and local
landlords. The victim and her family are in hiding, and civil society
protests have reportedly not resulted in further action from the authorities.
ADDITIONAL INFORMATION:
The AHRC received frequent reports of forced marriages of minority girls with
Muslim men in areas along the Indian borders that have large Dalit Hindu
populations, such as Thar Parker, Nagar Parker, Umer Kot, Mithi and
Karoonjhar. The term Dalits are members of a scheduled caste, and due to the
position of many as bonded labourers, female Dalits are particularly
vulnerable to abuse. It is not unknown for Muslim seminaries to urge the
forced conversion of Dalit women.
The AHRC has documented several such cases, including UA-008-2006 and UG-020-2006 and is
aware of many more, in which Hindu scheduled caste and Christian women and
girls have been abducted by Muslim men and raped. When confronted by the
authorities perpetrators are often able to produce a marriage certificate
from a seminary confirming the marriage and conversion of the victim. The
girls are often taken out of contact with their families entirely, and
various cases have been documented in which the courts have condoned such
marriages with girls below the age of consent.
Website Link Includes AHRC Suggested Action:
http://www.ahrchk.net/ua/mainfile.php/2010/3395/
About
AHRC: The Asian Human Rights Commission is a regional
non-governmental organisation monitoring and lobbying human rights issues in
Asia. The Hong Kong-based group was founded in 1984. http://www.ahrchk.net/index.php
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