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Amnest International USA
By Selig S. Harrison
February 10, 2006
AMNESTY INTERNATIONAL
Public Statement
AI Index: ASA 33/004/2006 (Public)
News Service No: 038
Pakistan: Allegations of serious human rights violations in Balochistan
must be investigated
Amnesty International is concerned about reports of human rights violations
in Balochistan province which have escalated in the last two months. Recent
violations have occurred in the context of a security operation in the
province triggered by an attempt on President Pervez Musharraf's life in
December 2005. However the current intensification of tensions also flows
from long-standing grievances felt by the local population in relation to
severe economic underdevelopment and failures to receive the benefits of
large-scale exploitation of the province's natural resources.
A non-governmental Human Rights Commission of Pakistan (HRCP) report
released in late January 2006 found scores of cases of arbitrary arrests and
detention, torture, extrajudicial executions, “disappearances” and use of
excessive force by security and intelligence forces committed since early
2005. Amongst the victims are women, children and many political activists.
In addition, the Commission noted with concern that armed Baloch fighters
opposing the army's presence in the province have laid landmines as a result
of which civilians have been indiscriminately killed and maimed.
Though Amnesty International has not been in a position to visit Balochistan
to investigate these allegations of human rights violations, the
organisation considers the findings of the HRCP's report to be credible, and
strongly supports the Commission's demand that human rights abuses be
stopped forthwith and that all allegations of violations of human rights,
including civil, political and economic rights, be independently and
impartially investigated with a view to bringing the perpetrators to
justice.
Amnesty International also appeals to all armed fighters and armed groups to
abide by international humanitarian law, in particular the rules that are
binding on all parties to a non-international armed conflict. These rules
prohibit, inter alia, torture, hostage-taking, deliberate killing of
civilians and other non-combatants and indiscriminate attacks.
The findings of the HRCP fact-finding mission corroborate a large number of
reports received by Amnesty International from Baloch activists and civil
society organisations since early 2005. According to a January 2006
statement by Senator Sanaullah Baloch, at least 180 people have died in
bombings, 122 children have been killed by paramilitary troops and hundreds
of people have been arrested since the beginning of the campaign in early
2005. On 8 December 2005, the federal Interior Minister stated that some
4,000 people had been arrested in Balochistan since the beginning of 2005.
The identities, whereabouts of and charges against many of these detainees
remain unknown. Having monitored some of these cases of detention and
"disappearance", Amnesty International fears that some of the detainees may
have been arbitrarily detained, or held under preventive detention
legislation or on politically motivated criminal charges, in violation of
Pakistan statutory law and international human rights standards.
Since the HRCP concluded its fact-finding visit, further reports of human
rights violations have been received. Twelve men, arrested after an attack
on a Frontier Corps unit on 11 January 2006, were reportedly extrajudicially
executed killed in the Dera Bugti camp of the Frontier Corps when news
arrived that three of the injured soldiers had died. Two elderly villagers
sent to collect the bodies were also killed. On 16 January 2006, three
children were reportedly killed in Kahan by aerial bombardment. On 7
February, a bomb, possibly planted by armed fighters, blew up a bus killing
13 people travelling in it.
Amnesty International is also concerned that the fact-finding team of the
HRCP and journalists accompanying them were attacked on 8 January 2006 when
their cars were fired at for several minutes near Kashmore. Although the
HRCP team submitted an application to police in Rojhan to file a complaint,
police did not comply nor investigate the alleged attempted murder.
Journalists have also been arbitrarily detained, harassed and threatened by
intelligence agencies if they continued to investigate incidents in
Balochistan. Amnesty International believes that it is important that
journalists and human rights defenders can pursue their legitimate roles
unimpeded and without fear, so that human rights violations can be monitored
and brought to public attention, Remedies may then be found to ensure the
protection and promotion of human rights in the province.
The following human rights violations have been documented by the HRCP:
Torture
Those who were released after arbitrary detention, often in undeclared
places of detention, or "disappearance" reported being subjected to torture
and ill-treatment.
* Chairman of the Balochistan Student Organisation (BSO) Dr Imdad Baloch and
six other BSO activists were arrested on 25 March 2005 in Karachi after a
rally protesting the security operation in Balochistan [AI Index: ASA
33/006/2005, AI Index: ASA 33/014/2005 and AI Index: ASA 33/022/2005].
Their
whereabouts remained unknown for two months until Dr Imdad Baloch and
three others were released on bail two months later, facing politically
motivated criminal charges. Dr Imdad Baloch then reported that he and his
fellow detainees had been detained incommunicado in solitary confinement
for 33 days in Karachi, where they were tortured. He reported being hit on
the soles of his feet making him unable to walk and beaten all over his
body, including on his kidneys, with leather straps while forced to lie
prone in fetters on the ground. The four detainees were then taken to
Quetta, where they were kept for 22 days and threatened with death if they
continued to participate in politics. In August 2005, the other three
detained BSO members re-appeared in a police station in a village in
Punjab province, held on charges of robbery. While the other two were
released in November 2005, Dr Allah Nazar, still currently being held in
Quetta Central Jail, is reportedly partially paralysed and unable to speak
or recognise anyone as a result of torture.
The
constitution of Pakistan provides partial protection against torture in
Article 14 which states that "no person shall be subject to torture for the
purpose of extracting evidence". International standards and customary
international law absolutely forbid torture and other ill-treatment for any
purpose.
Possible extrajudicial executions and other unlawful killings
* On 17 March 2005, some 62 persons, including 33 Hindu women and children
were killed at Dera Bugti when Frontier Corps personnel shelled, bombarded
and fired at them.
*On 17 December 2005, at least 22 persons, mostly women and children,
including infants, were killed in bombing, firing and shelling by armed
forces in the Marri area of Jabbar and Pekal, apparently in retribution for
rocket attacks on 14 December on a paramilitary camp on the outskirts of
Kohlu during a visit by President Musharraf and on 15 December on a
helicopter carrying the Inspector General of the Frontier Corps.
The use of force must be in line with the principles of necessity and
proportionality included in international standards on the use of force by
law enforcement officials. These stipulate that lethal force may only be
used in response to the imminent threat of death or serious injury when
strictly unavoidable and that the use of force must “minimise damage and
injury and respect and preserve human life” both of the suspects and
uninvolved persons.
Extrajudicial executions are strictly prohibited under the Constitution of
Pakistan which in Article 9 provides, "No person shall be deprived of life
and liberty, save in accordance with law". The Universal Declaration of
Human Rights provides in Article 3, "Everyone has the right to life, liberty
and security of the person". The Principles of the Effective Prevention and
Investigation of Extra-legal, Arbitrary and Summary Executions provide
that"Exceptional circumstances including a state of war or threat of war,
internal political instability or any other public emergency may not be
invoked as a justification of such executions".
"Disappearances"
Since May 2005, Amnesty International has issued a series of urgent actions
relating to some of the large number of reported “disappearances” in
Balochistan. The organisation fears that people who are "disappeared" are
particularly at risk of torture as perpetrators feel safe in the knowledge
that their actions will not be made known and that they will not face
criminal charges
*On 9 December 2005, 18 members of the Pakistan Petroleum Workers' Union
from Balochistan who had gone to Karachi for negotiations with their
management were detained by security forces from their hotel. Their
whereabouts remain unknown.
*Dr Hanned Shareef, a writer, medical doctor and member of the BSO was
arrested on 18 November 2005 in Turbat by men in the uniform of the
paramilitary Frontier Corps. State officials have refused to confirm that he
has been arrested. When his family members attempted to file a complaint
against the Frontier Corps soldiers involved, police at the Turbat city
police station refused to accept it [AI Index: ASA 33/032/2005].
International standards and human rights guarantees in the Constitution of
Pakistan absolutely prohibit “disappearances”. The Constitution of Pakistan
provides in Article 10 that every detainee has the right to be informed of
the charges against them, to consult and be defended by a lawyer of their
choice and be brought before a magistrate within 24 hours of arrest. The
Universal Declaration of Human Rights provides in Article 7: "All are equal
before the law and are entitled without any discrimination to equal
protection of the law ...". These provisions guarantee that everyone
including those persons who may be suspected of offences against the state
have a right to be treated in accordance with law and not to be
discriminated against on that account.
Background
In Balochistan, the perception of the local population that they have
not benefited from the exploitation of the extensive natural resources of
the province, and their resentment at the slow pace of provincial economic
development and the influx of people from other provinces, have led to
social and political tensions. Four waves of violent unrest took place in
1948, 1958-59, 1962-63 and 1973-77. In early 2005, tensions in Balochistan
again increased, with numerous clashes reported between security forces and
Baloch tribesmen. The rape in early January 2005 of Dr Shazia Khalid, a
young doctor employed at Pakistan Petroleum Limited at Sui, allegedly by an
army officer, who was publicly exonerated by President Musharraf prior to
any inquiry, exacerbated anger among the tribal population. Following a
rocket attack on President Musharraf on 14 December 2005 during his visit to
Kohlu, when he announced a large development package for the region
including the construction of roads, schools and health centres, a security
operation, assisted by paramilitary units, was launched in the province.
While the government portrays it as a law and order operation against
"miscreants", that is Baloch rebels, local people see it as a crackdown on
Baloch opponents of a development program which will only benefit non-Baloch
people migrating into the province. The government claims that the
resistance is encouraged by tribal leaders who fear losing their hold on the
region. The confrontation between Baloch nationalists and the state is
complicated by rivalries and strategic alliances between tribes and
sub-tribes and by human rights abuses committed by all sides.
Through nonviolent means,
The World Sindhi Institute works
relentlessly
for universal human rights and humanitarian law for
the
Sindhis of Sindh, in southeastern Pakistan. |
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