Threats to the lives of a minor who was gang raped and her father; a police officer suspended and transferred for taking action against the rapists

BUP_DFT_DFT-6_03-1The Asian Human Rights Commission (AHRC) has received informationthat a 13 year old girl was brutally gang raped during an entire night, by six infamous criminals who belong to a political party. The station head officer (SHO) has been suspended and thereafter transferred for filing charges of gang rape and assault against the rapists. The rapists have been identified in court by the victim and the court had ordered the arrest of the perpetrators. However, local police have ignored the orders of the court to arrest the suspects due to the nexus between the criminals and police officers. One perpetrator was handed over to police and the criminals are trying to exonerate all other suspects by converting the FIRs into C class reports, a term to make the preliminary FIR infectious.

CASE NARRATIVE:

Miss FauziaKhaskheli 13 years old, daughter of MukhtarKhaskheli, resident of TandoAllahyar, Sindh, was abducted and gang raped on May 29 during an entire night by six notorious criminals who are wanted by the police in more than 30 cases and they have been given head money from government of Sindh for their arrests – dead or alive. The place of gang rape incident was not far away from the A Section police station TandoAllahyar but her cries did not attract the police attention. Next day in early morning she was thrown near the Railway line at NasarpurPhatak. The girl was in dilapidated conditioned which infuriated villagers who have protested outside the police station. There were more than 200 people there,but police officials at the A Section police stations have been more concerned about the perpetrators as they belong to a nationalist cum political party, the Sindh Taraqipasand Party (STP). As the station head officer (SHO) Inspector SohailMirza came to know about the rape case he had immediately contacted his superior, the Deputy Superintend of Police (DSP) Noor Mohammad Marri. The DSPhad told him he cannot file a police case and that he himself(theSHO) can decide on his own behalf as the perpetrators are notorious and dangerous criminals. The SHO had then taken permission from Senior Superintendent of Police (SSP), Mr. Javed Baloch.

 

The SHO Mirza filed the First Information Report (FIR) under sections of 376 (B)-364 (B)-324-and 3337 of Pakistan Penal Code, the sections on gang rape, forcibly kidnapping, attempt to murder, causing hurt. He had also written a letter to the public hospital for an immediate medical examination to be conducted on the victim. The medical report confirmed gang rape.

 

The higher police officers of the district particularly the DSP Marri has immediately suspended Inspector Mirza (SHO) from the SHO and had requested senior officers  to conduct a disciplinary inquiry against him. When SHO Mirza was cleared in the inquiry and he had requested to be   reinstated in his position he had been transferred to another district but the charge had not been handed over to him.

In the meantime the victim, FauziaKhaskheli, was produced before the local magistrate for the statement under section 164 and also to identify the accused persons. She identified the alleged rapists by seeing their photographs before the court. The perpetrators also demonstrated outside the court by showing their arms, however when police reached the scene all ran away as they were wanted in more than 30 cases. According to reports , the perpetrators have also  threatened the victim and her father that if they do not withdraw the rape case the girl would again face similar consequences and might not survive. The police are still refusing to file the FIR for the threats to the lives of the victim and her father.

 

According to information received by the AHRC, the police are working allegedly on the instructions of one AltafJaskani, the vice president of STP as his younger brother, Mr. AsadJaskani, was also involved in the gang rape. AsadJaskani runs notorious groups, extorting money from businessmen and police. The FIR for gang rape mentions the name of AzherJatoi, ShakeelKhoso, AsadJaskani, Abdullah Nayo and GullanJogi alias GullaJogi.

 

Further information revealed that when the rapists were identified by the victim, they have made a deal with the police that they will produce one perpetrator before the police and the police will file a case only against one accused person and all others will be exonerated from the gang rape charges. Following this deal, the criminals have produced AzharJatoi, however the SSP had not allowed any such deal to make the initially filed  FIRs into a “C” class FIR as the victim has herself given a statement under 164 CrPc.

 

The lives of FauziaKhaskheli, the victim, and her father are in danger and we fear that the victim can may be murdered or abducted by the perpetrators in order to  eliminate the evidence of the crime.

 

SUGGESTED ACTION:

Please write the letters to the aforementioned authorities calling them to provide protection to gang rape victim, FauziaKhaskheli, and her father who are under life threats from the alleged rapists who belong to a notorious gang and have the head money announced by the government of Sindh. Please also urge them to take action against the DSP Noor Mohammad Marri and officials of the  A Section police station, TandoAllahyar, for providing police protection to the rapists. The authorities must also immediately restore InspectorSohailMirza as the SHO of A section police station who was punished for filing the case of gang rape.

The AHRC writes a separate letter to the UN Special Rapporteurs on the Question of Violence against Women and Child Rightscalling for his intervention into this matter.

 

To support this appeal, please click here:  

 

SAMPLE LETTER:

Dear ………………..,

 

PAKISTAN:  Threats to the lives of a minor who was gang raped and her father; a police officer suspended and transferred for taking action against the rapists

 

Name of victim:

FauziaKhaskheli 13 daughter of MukhtarKhaskheli,resident of Kumar Para, Soomra Colony, TandoAllahyar, Sindh

 

Mr. MukhtarKhaskheli, resident of Kumar Para, Soomra Colony, TandoAllahyar, Sindh

 

 

 

Names of alleged perpetrators:

 

AzherJatoi, alleged rapists, resident of Nasarpur, TandoAllahyar, Sindh

ShakeelKhoso, resident of Nasarpur, TandoAllahyar, Sindh

AsadJaskani,resident of Nasarpur, TandoAllahyar, Sindh

Abdullah Nayo,resident of Nasarpur, TandoAllahyar, Sindh

GullanJogi alias GullaJogi.resident of Nasarpur, TandoAllahyar, Sindh

Mr. Noor Mohammad Marri, Deputy Superintendent of Police (DSP), Nasarpur, TandoAllahyar, Sindh

 

 

Date of incident:29 May, 2014

Place of incident:Nasarpur, near A Section police station, TandoAllahyar, Sindh

 

I am writing to voice my deep concern regarding the gang rape of a 13 year girl by the six notorious criminals who have head money by the Sindh government who are well protected by the TandoAllahyar Police. The lives of victim and her father are under serious threat as the perpetrators on the backing of the police can murder them to eliminate the evidence of rape.

 

Miss FauziaKhaskheli 13 years old, daughter of MukhtarKhaskheli, resident of TandoAllahyar, Sindh, was abducted and gang raped on May 29 during an entire night by six notorious criminals who are wanted by the police in more than 30 cases and they have been given head money from government of Sindh for their arrests – dead or alive. The place of gang rape incident was not far away from the A Section police station TandoAllahyar but her cries did not attract the police attention. Next day in early morning she was thrown near the Railway line at NasarpurPhatak. The girl was in dilapidated conditioned which infuriated villagers who have protested outside the police station. There were more than 200 people there , but police officials at the A Section police stations have been more concerned  about the perpetrators as they belong to a nationalist cum political party, the Sindh Taraqipasand Party (STP). As the station head officer (SHO) Inspector SohailMirza came to know about the rape case he had immediately contacted his superior, the Deputy Superintend of Police (DSP) Noor Mohammad Marri. The DSP had  told him he cannot file a police case and that he himself ( the SHO) can decide on his own behalf as the perpetrators are notorious and dangerous criminals. The SHO had then taken permission from Senior Superintendent of Police (SSP), Mr. Javed Baloch.

 

I have learnt that the SHO Mirza filed the First Information Report (FIR) under sections of 376 (B)-364 (B)-324-and 3337 of Pakistan Penal Code, the sections on gang rape, forcibly kidnapping, attempt to murder, causing hurt. He had also written a letter to the public hospital for an immediate medical examination to be conducted on the victim. The medical report confirmed gang rape.

 

The higher police officers of the district particularly the DSP Marri has immediately suspended Inspector Mirza (SHO) from the SHO and had requested senior officers  to conduct a disciplinary inquiry against him. When SHO Mirza was cleared in the inquiry and he had requested to be   reinstated in his position he had been transferred to another district but the charge had not been handed over to him.

In the meantime the victim, FauziaKhaskheli, was produced before the local magistrate for the statement under section 164 and also to identify the accused persons. She identified the alleged rapists by seeing their photographs before the court. The perpetrators also demonstrated outside the court by showing their arms; however when police reached the scene all ran away as they were wanted in more than 30 cases. According to reports , the perpetrators have also  threatened the victim and her father that if they do not withdraw the rape case the girl would again face similar consequences and might not survive. The police are still refusing to file the FIR for the threats to the lives of the victim and her father.

 

I also understand that the police are working allegedly on the instructions of one AltafJaskani, the vice president of STP as his younger brother, Mr. AsadJaskani, was also involved in the gang rape. AsadJaskani runs notorious groups, extorting money from businessmen and police. The FIR for gang rape mentions the name of AzherJatoi, ShakeelKhoso, AsadJaskani, Abdullah Nayo and GullanJogi alias GullaJogi.

 

Further information received stated that when the rapists were identified by the victim, they have made a deal with the police that they will produce one perpetrator before the police and the police will file a case only against one accused person and all others will be exonerated from the gang rape charges. Following this deal, the criminals have produced AzharJatoi, however the SSP had not allowed any such deal to make the initially filed  FIRs into a “C” class FIR as the victim has herself given a statement under 164 CrPc.

 

The lives of FauziaKhaskheli, the victim, and her father are in danger and we fear that the victim can may be murdered or abducted by the perpetrators in order to  eliminate the evidence of the crime.

 

Therefore, I urge you to take immediate action to protect the lives of both the gang rape victim, FauziaKhaskheli, and her father who are under serious life threats from the alleged rapists who belong to a notorious gang and have the head money announced by the government of Sindh. I also you to take action against the DSP Noor Mohammad Marri and officials of  the  A Section police station, TandoAllahyar, for providing police protection to the rapists and to look into the matter of reinstating  Inspector SohailMirza as the SHO of A section police station who was unwarrantedly punished for protecting the victim of this brutal gang rape.

Yours sincerely,

……………….

PLEASE SEND YOUR LETTERS TO:

1. Mr. Mian Nawaz Sharif
Prime Minister
Prime Minister House
Islamabad
PAKISTAN
Fax: +92 51 922 1596
Tel: +92 51 920 6111
E-mail: secretary@cabinet.gov.pk or pspm@pmsectt.gov.pk

2. Federal Minister of Law and Human Rights
Ministry of Law, Justice and Human Rights
Old US Aid building
Ata Turk Avenue
G-5, Islamabad
PAKISTAN
Fax: +92 51 9204108
Email: contact@molaw.gov.pk

3. Dr. Faqir Hussain
Registrar
Supreme Court of Pakistan
Constitution Avenue, Islamabad
PAKISTAN
Fax: +92 51 9213452
Email: mail@supremecourt.gov.pk

4. Chaudhry Nisar Ali Khan
Federal Minister for Interior
R Block, Pak Secretariat
Islamabad
PAKISTAN
Tel: +92 51 9212026
Fax: +92 51 9202624
Email: interior.complaintcell@gmail.comministry.interior@gmail.com

5. Syed Qaim Ali Shah
Chief Minister of Sindh
Karachi, Sindh Province
PAKISTAN
Fax: +92 21 920 2000
Email: pressecy@cmsindh.gov.pk

6. Chief Justice of Sindh High Court
High Court Building
Saddar, Karachi
Sindh Province
PAKISTAN
Fax: +92 21 9213220

7.Justice (Rtd) MajidaRazvi
Chairperson, Human Rights Development
Government of Sindh
Barrack number 92 Sindh Secretariat
4. B, opposite to Sindh Assembly Building
Karachi
PAKISTAN
Tel: +92 21 99207042-43
Fax: +92 21 99207044
E-mail: ministerhrd@sindh.gov.pk

 

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Urgent Appeals Programme
Asian Human Rights Commission (ua@ahrc.asia)

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