PAKISTAN: KILLING IN THE NAME OF HONOUR OF TWO GIRLS

May 12, 2004 – (OMCT Appeal) The International Secretariat of OMCT requests your URGENT intervention in the following situation in Pakistan.

Brief description of the situation

The International Secretariat of OMCT has been informed by the Asian Human Rights Commission, a member of the OMCT network, that two girls have been killed in the name of honour after visiting their grandparents without permission in Sindh Province of Pakistan.

According to the information received, on May 4, 2004, Ms Tahmeena (17) and Ms Aabida (18), who are cousins, were shot to death after having been accused of having “loose morals” for having visited their grandparents without permission. The decision to kill the girls was taken in a tribal jirga, convened amongst the perpetrators and led by Mr. Abdul Rasheed, the tribal chief and a powerful landlord in the village.

According to the complaint lodged by Mr. Fazaluddin, brother of Ms. Tahmeena and cousin of Ms. Aabida, the two victims had gone to visit their grandparents without informing any family members on May 1, 2004. On May 2, two search groups went to look for the girls.

The first search group included Dad Mohammad (father of Ms. Aabida), Hajji Shafi Mohammad and Sanaullah. The second search group included Hidayatullah (brother of Ms. Tahmeena), Abdul Rasheed and Younis, who went to Sukkur and found the victims there.

It is reported that Abdul Rasheed brought the victims to his residence at Lakhi gate in Shikarpur. As chief of the tribe, he called on Younis, Jamaluddin, Hajji Abdul Karim, Ghulam Sarwar, Sulaiman, Hajji Nazeer, Haajji Shafi Mohammad and Sanaullah to join him there for the jirga.

He also reportedly called the two brothers, Fazaluddin and Hidayatullah, as well as Dad Mohammad, to his residence in Shikarpur, telling them that the girls were under his protection and that they would be given back to their family the following day.

Fazaluddin, Hidayatullah, and Dad Mohammad went to appear before the tribal chief Abdul Rasheed on May 3. Abdul Rasheed reportedly told them to go through the village and that he would arrive with the girls. The three men could not find any public transportation and thus did not arrive at the village until after midnight. Upon their arrival, the eight perpetrators also arrived by car with the victims.

The perpetrators told the girls to get out of the car and allegedly told the relatives to kill the girls because they had "loose morals," having visited their grandparents without first getting family permission. Fazaluddin, Hidayatullah, and Dad Mohammad reportedly begged them not to kill the girls. Nevertheless, the perpetrators shot the girls and then took the bodies in order to cover up their crime. The perpetrators reportedly threatened the witnesses with death if they were to complain to the police.

According to the information received, the witnesses decided to report the killings to the police at the police station in New Faojdari. Since then, the family has received constant threats to withdraw the case. It is felt that the perpetrators killed the girls to protect the “honour” of the tribe and the family has been socially ostracized by the rest of the community.

Furthermore, the perpetrators have refused to give the bodies to the family, claiming that they are already too decayed. It is reported that the police have done nothing to investigate this case, and have taken no action to protect the family members who lodged the complaint.

Crimes against women and girls committed in the name of honour are gender-specific forms of violence that are either approved or supported by States in many parts of the world. OMCT is gravely concerned by the many reports it has received in the past months about women in Pakistan who are killed by their family members as they are suspected of “dishonourable” behavior (see also OMCT’s urgent appeals of this year: PAK 120204 VAW, 230304 VAW, 080404 VAW. CC and 220404.VAW).

According to the information received, male relatives who commit such murders in Pakistan are rarely prosecuted in traditional communities. It appears that behaviour of women which is seen as compromising family or tribal “honour” is considered a valid reason to commit murder.

The information also indicates that cases of crimes committed in the name of honour are generally ruled by the landlords (Jirga-tribal court) in the Sindh Province rather than by the courts of law. The victim's families are generally not pursuing the cases at the courts of law due to the costly and lengthy process of getting justice through the government’s judicial system, while the traditional justice system (Jirga-tribal court) arrives at a settlement within a few days.

This traditional system has been practiced for a long time and it is commonly accepted. However, most of the cases under the tribal court are disposed compoundable under the Ordinance of Qisas and Dayat, whereby the offender can escape punishment by providing compensation to the victim's family. In many cases of honour crimes, the victim’s family often compromises with the accused, after receiving pressure from society.

On April 23, 2004 the High Court of the Sindh Province declared all tribal jirgas illegal, and strictly banned any efforts to organize or arrange any type of jirga. Despite this decision, as indicated by the horrific case detailed above, the organisation of jirgas continues.

OMCT firmly condemns these killings in the name of honour and calls upon the government of Pakistan to investigate, prosecute and punish the perpetrators with due diligence. OMCT recalls that the Declaration on the Elimination of Violence against Women, in article 4(c), states that States should “exercise due diligence to prevent, investigate and, in accordance with national legislation, punish acts of violence against women, whether those acts are perpetrated by the State or by private persons.”

OMCT also recalls that as a State Party to the Convention on the Rights of the Child, Pakistan is bound by article 19.1 “take all appropriate legislative, administrative, social and educational measures to protect the child from all forms of physical or mental violence, injury or abuse, (…) while in the care of parent(s), legal guardian(s) or any other person who has the care of the child.” OMCT further reminds the government that it is a State Party to the Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW).

Action requested

Please write to the authorities in Pakistan urging them to:

i. order a thorough and impartial investigation into the circumstances of these killings, in order to identify those responsible, bring them to trial and apply the penal and/or administrative sanctions as provided by law;

ii. guarantee that adequate reparation is provided to the family of the victims of these abuses, who have lodged a complaint with the police;

iii. put an immediate end to the persecution and harassment of the family members who lodged the complaint;

iv. guarantee the respect of human rights and the fundamental freedoms throughout the country in accordance with national laws and international human rights standards.

Addresses

President, Pervez Musharraf, Pakistan Secretariat, Islamabad, Pakistan
Fax: + 92 51 9224768 / 9224836 , E-mail: CE@pak.gov.pk

Minister of Foreign Affairs, Mian Khursheed Mahmud Kasuri, Ministry of Foreign Affairs
Constitution Avenue, Islamabad, Pakistan
Fax: +92 51 920 2518/922 4205/4206, E-mail: pak.fm@usa.net

Minister for the Interior, Mr. Moinuddin Haider, Faisal Saleh Hayat, Ministry of Interior
Block R, Federal Secretariat, Islamabad, Pakistan
Fax: +92 51 9202624, E-mail: minister@interior.gov.pk, secretary@interior.gov

Zaman Khan, Complaint Cell, National Human Rights Commission of Pakistan, Aiwan-i-Jahmoor
107-Tipu Block, New Garden Town, Lahore-54600, PAKISTAN
Fax: +92 42 588-3582, E-mail: zaman@hrcp-web

Syed Sultan Shah, Joint Secretary for Law, Justice and Human Rights
Fax: + 92 51 9203119

Hon. Mr. Ishrat-ul-Ibad Khan, Governor of Sindh Province, Governor House, Karachi, PAKISTAN
Telephone: +92 21 9201201-3, E-mail: governor@governorsindh.gov.pk

Mr. Sayed Kamal Shah, Provincial Police Officer, Sindh Police, Central Police Office, Karachi, PAKISTAN
Telephone: +92 21 9212626-7, Fax: +92 21 9212051

Mr. Rahoo Khan Brohi, Regional Police Officer, Sukkur Region, Airport Road, Sukkur, PAKISTAN
Telephone: +92 71 30547, 30248, Fax: +92 71 31824

Mr. Khameeso Khan Memon, DPO District Shikarpur, Police Headquarters, Shikarpur, PAKISTAN
Telephone: +92-761-515077, 512309, Fax: +92-761-512369

Ambassadeur Umer Shaukat, Rue de Moillebeau 56 (4ème) - CP 434, CH-1211, Genève 19, Suisse
E-mail: mission.pakistan@ties.itu.int, Fax: +41 22 734 80 85Please

also write to the embassies of Pakistan in your respective country.

Geneva, May 11, 2004
Kindly inform us of any action undertaken quoting the code of this appeal in your reply.
Case PAK 110504.VAW.CC

From: http://www.omct.org/base.cfm?page=article&num=4869&consol=close&kwrd=OMCT&cfid=1014756&cftoken=68414096