UPDATE (Pakistan): A politician allegedly abducted once again by secret service agents after giving his statement in Sindh High Court

ASIAN HUMAN RIGHTS COMMISSION - URGENT APPEALS PROGRAMME

Urgent Appeal Case: UP-001-2007
ISSUES: Enforced disappearances and abductions,

Dear Friends,

The Asian Human Rights Commission (AHRC) has received the information that Mr. Salim Baloch, the acting president of Jamhoori Watan Party was allegedly abducted once again by secret service personnel on 31 December 2006 just 15 days after his release from an army torture cell. His present whereabouts are unknown. The AHRC has earlier reported on 23 December 2006 about his first arrest and subsequent disappearance (To see further: UA-413-2006). According to the information we have received, the victim was abducted within 36 hours after he gave his statement about his ordeal of 9 months of torture and illegal detention in military cells in different cities of Pakistan. In his statement made before the Sindh High Court, Mr. Salim Baloch believed that he would be rearrested by the secret military agencies as he was threatened by the military officers that it would happen if he told about his arrest and torture. Mr. Baloch requested the High court to provide protection but court did not pay any attention to his plea.

UPDATED INFORMATION:

Mr. Salim Baloch was arrested for the first time on 9 March 2006 and since then his whereabouts had not been known until he was released on 14 December 2006. On December 19 after his release he addressed a press conference on at the Karachi Press Club where he told how he was kidnapped and tortured in different military cells by the army personnel. The High Court disposed off his habeas corpus case saying that the case is no longer valid due to his release. The Court neither ordered an inquiry about his torture and illegal detention by the army nor took subsequent action to locate the disappeared persons, who are still detained in the military torture cells in Rawal Pindi. To see details of this matter, please go to: UA-413-2006.

According to the information we have received, on 31 December 2006, the members of the secret agencies allegedly approached to Mr. Salim Baloch by red colour Toyota Corolla with no registration number plate. They then forcibly pushed him into the vehicle and shortly after transferred him to a white coloured Vtx Cultus with registration number 7389 at around 6:30am. Mr. Salim Baloch was on his way back home from his morning prayers. Eye witnesses report that there was a small police vehicle along with the two cars when he was abducted. It should also be noted that the victim had been abducted persons in the same model of a red colour Toyota Corolla on 9 March 2006.

Mr. Salim Baloch is the acting president of Jamhoori Watan Party after the killing of its president Mr. Sardar Akbar Bugti by a military operation at his hide out in Kohlo, Baochistan province on 30 August 2006.

On 29 December 2006, Mr. Salim Baloch appeared before the Sindh High Court comprising of a division bench headed by Judge Musheer Alam and elaborately explained the details of over 9 months of his incarceration by the secret agencies. He pledged that what he told the court is truth and requested security for his life by the superior court. It is regretted that he was allegedly abducted by the members of the secret agencies less than 36 hours after he requested this security. If the Sindh High Court had responded to his request, Mr. Salim Baloch would have not been abducted again.

The news of Mr. Salim Baloch’s abduction was reported to the Lyari town police office shortly after the incident, and one of the officers informed Mr. Salim Baloch’s brother at around 11:05am on the same day. The police officer Mr. Asif told the victim’s brother that he had been abducted by several government personnel but refused to provide more information about the incident. Other family members of the victim also contacted Lyari town police immediately and the police officers denied their involvement into the victim’s abduction. Mr. Salim Baloch’s whereabouts remains unknown.

The AHRC is gravely concerned for Mr. Salim Baloch’s safety and security. We believe that he was abducted due to his brave appeal to the Sindh High Court and calling for justice. He might be tortured or even killed by the secret service agent this time. We also believe that Mr. Salim Baloch was kidnapped because the secret agencies wanted to show the people that anyone who dares to speak out against them will suffer severe consequences.

ADDITIONAL COMMENTS:

A few days after his release from the army torture cell, on 20 December 2006, Mr. Salim Baloch attended a court hearing relating to his habeas corpus case at the High Court of Sindh and testified about the torture.  He also gave names of persons who had been detained and tortured by the military in the army cells and sought the intervention of the court to release them. The names of the detained victims are listed in our previous Urgent Appeal (see UA-413-2006). Despite his statement, the High Court simply closed the disappearance case of Mr. Salim Baloch and another two persons, Mr. Saeed Barohi and Mr. Raus Fasoli who were released on the same day, saying that the case is not constituted because they are already released. The Court neither ordered an inquiry about his torture and illegal detention by the army nor took subsequent action to locate the disappeared persons, who are still detained in the military torture cells in Rawal Pindi.

SUGGESTED ACTION:
Please write to the concerned authorities listed below and urge them to take prompt and strong action to locate the victim, ensure his security and conduct an investigation into his abduction. If the victim is detained in the army torture cell, he should be immediately released without any condition. Please also urge them to locate and then release the disappeared persons who are believed to be detained in the military torture cells, according to Mr. Salim Baloch’s testimony before Sindh High Court. Please urge them to establish an effectively mandated independent commission, which will inquire all the allegation of illegal arrests, detention, torture and forced disappearances committed by the military and the police.

 

To support this case, please click here: SEND APPEAL LETTER

SAMPLE LETTER

Dear________,

PAKISTAN: A politician allegedly abducted again by the secret service agents after giving his statement in Sindh High Court

Name of victim: Mr. Salim Baloch, Acting President of Jamhoori Watan Party, Sindh Province, Pakistan
Alleged perpetrators: Several persons who are believed to be from the secret service agency. They came to abduct the victim in a red colour Toyota Corolla with no registration number plate and a white coloured Vtx Cultus with registration number 7389
Place of incidence: Near the victim’s house in Mehrab Khan Road, Nawahlane, Shahjahan Pan House, Lyari, Karachi, Sindh province, Pakistan
Date of incidence: At around 6:30am on 31 December 2006

I am writing to request your immediate and strong action to locate Mr. Salim Baloch, the acting president of Jamhoori Watan Party, who was allegedly abducted by the secret service agents again on 31 December 2006 just after15 days of his release from his first arrest and illegal detention on 14 December 2006.

I want to inform you that his abduction took place within 36 hours after he gave his statement about his ordeals of 9 months torture in the military cells in different cities of Pakistan on December 29. The statement that Mr. Baluch had delivered before a division bench of Sindh High Court contained apprehensions that he would be arrested by the secret military agencies again as he was threatened by the military officers that on the pretext of his disclosures upon his release, he would be kidnapped once again and killed. Mr. Salim had also requested the High court to provide protection but court ignored his request.

Mr. Salim Baloch was abducted by several persons in red colour Toyota Corolla with no registration number plate and a white coloured Vtx Cultus with registration number 7389 when he was walking to his home from morning prayer at the mosque at about 6.30 am on December 30. I was also informed that a small police vehicle along with the two cars that abducted him. I also want to draw your attention that the same model of a red colour Toyota Corolla, which had been used for the victim’s first abduction on 9 March 2006, was used again in this time. His whereabouts remains unknown.

Mr. Salim Baloch’s abduction was reported to the Lyari town police in Karach, Sindh province on the same day and the police officer namely Mr. Asif reportedly confirmed the victim’s brother about his abduction by several government personnel again but refused to provide more information about the incident. The police also denied their involvement into the victim’s abduction but have not taken serious action to locate the victim despite the family’s request.

It is sad to note that the victim’s abduction was followed soon after High Court’s refusal to provide protection to the victim, who requested safety and security of his life on December 29. If Sindh High Court had responded to his request, Mr. Salim Baloch would have not been abducted again. I condemn such great negligence of the High Court that has been mandated to provide a protection of the rights of citizens including the persons who were disappeared. Such attitudes of the judicial authorities have revealed the existence of no proper judicial system and no justice at the country. That would also severely disgrace the international reputation of Pakistan’s judiciary.

Under the circumstances, I strongly believe that the victim’s life is in great danger. I also believe that the victim was abducted due to his brave appeal to the Sindh High Court calling for justice. I gravely worry that he might be tortured or even killed by the secret service agent this time.

In light of the above, I strongly urge your immediate intervention into this case including the following:

1. Conduct thorough and independent investigation into Mr. Salim Baloch’s abduction without further delay;
2. Find Mr. Salim Baloch whereabouts, ensure his security and provide legal protection to him;
3. Inquire about the alleged involvement of the secret service agency and the police into the victim’s abduction and bring those responsible to justice;
4. Locate and then release the disappeared persons who are believed to be detained in the military torture cells, according to Mr. Salim Baloch’s testimony before Sindh High Court;
5. Establish an effectively mandated independent commission, which will inquire all the allegation of illegal arrests, detention, torture and forced disappearances committed by the military and the police;
6. Immediately ratify the major international covenants and conventions, in particular the International Covenant for Civil and Political Rights and Convention Against Torture (CAT) and implement into domestic laws in order to stop the human rights violations especially torture, illegal detention and abduction by state agents and eradicate all the criminal impunities widely enjoyed by them;
7. Effectively activate the judicial measures regarding cases of torture, forced disappearance and extra-judicial killing allegedly committed by the state agents.

I look for your immediate intervention into this matter.

Yours Sincerely,

——————-

PLEASE SEND YOUR LETTER TO:

1. General Pervez Musharraf
President
President’s Secretariat
Islamabad
PAKISTAN
Fax: +92 51 922 1422, 4768/ 920 1893 or 1835
E-mail: (please see – http://www.presidentofpakistan.gov.pk/WTPresidentMessage.aspx)

2. Justice Iftikhar Muhammad Choudhry
Chief Justice of Pakistan
Supreme Court of Pakistan,
Constitution Avenue,
Islamabad
PAKISTAN
Tel: + 92 51 9213767
Fax: + 92 51 921 3452
E-mail: cjpakistan@yahoo.com

3. Dr. Faqir Hussan
Registrar
Supreme Court of Pakistan
Constitution Avenue, Islamabad
PAKISTAN
Tel: +92 51 921 3770
E-mail: registrar@supremecourt.gov.pk

4. Mr. Aftab Ahmed Khan Sherpao
Federal Minister of Interior
Room#404, 4th Floor, R Block,
Pak Secretariat
Islamabad
PAKISTAN
Tel: +92 51 9212026
Fax: +92 51 9202624
E-mail: minister@interior.gov.pk

5. Mr. Muhammad Wasi Zafar
Minister of Law, Justice and Human Rights
S Block,
Pakistan Secretariat,
Islamabad,
PAKISTAN
Fax: +92 51 920 2628
E-mail: minister@molaw.gov.pk

6. Justice Sabih Uddin
Chief Justice of Sindh High Court
High Court Building
Saddar
Karachi
PAKISTAN
Fax: +92 21 9213220
E-mail: info@sindhhighcourt.gov.pk

7. Dr. Arbab Abdul Rahim
Chief Minister of Sindh
Chief Minister House
Karachi
PAKISTAN
E-mail: cm.sindh@sindh.gov.pk

8. Ms. Louise Arbour
United Nations High Commissioner for Human Rights
OHCHR-UNOG
8-14 Avenue de la Paix
1211 Geneva 10
Switzerland
Fax: +41 22 917 9012/0213

9. Ms Leila Zerrougui
Chairperson
Working Group on arbitrary detention
Attn: Mr Miguel de la Lama
OHCHR-UNOG
1211 Geneva 10
SWITZERLAND
Fax: +41 22 917 9006 (ATTENTION: WORKING GROUP ARBITRARY DETENTION)

Thank you.

Urgent Appeals Programme
Asian Human Rights Commission (ahrchk@ahrchk.org)

Document Type : Urgent Appeal Case
Document ID : UP-001-2007
Countries : Pakistan,
Issues : Enforced disappearances and abductions,