PAKISTAN: Pakistani embassy in Switzerland denies the renewal of passports to its citizens on the instructions of intelligence agencies

ASIAN HUMAN RIGHTS COMMISSION - URGENT APPEALS PROGRAMME

Urgent Appeal Case: AHRC-UAC-120-2010
ISSUES: Migrant workers, Rule of law,

Dear friends,

The Asian Human Rights Commission (AHRC) has received information that the Pakistan Embassy in Bern, Switzerland, has refused the renewal of passports to a Pakistani family allegedly on the instructions of intelligence officials of Pakistan. One official from the embassy privately told the family that intelligence agencies have objections on granting the renewal of Passports. The request from the federal minister of Interior to the authorities to issue the passports was not entertained. The embassy’s officials have confiscated the passports after taking the fee for the renewal of the passports. The renewal applications were pending before the Pakistani embassy since March 2010. 

The family belongs to a prominent political leader of the Pakistan side of Kashmir and living in asylum in Switzerland. 

CASE NARRATIVE:

Mr. Sardar Shaukat Kashmiri, chairman of United Kashmir Peoples National Party was residing in Switzerland after getting asylum in 2001 at the time of military dictatorship in Pakistan. His family, including wife and children, migrated to Switzerland in 2002 as the family re-union of accepted refugee. The passports of his family members expired in 2007 and the seven persons from the family applied for renewal in the first week of March 2010 as the mother of his wife was bed ridden.

After receiving the passports, the visa officer at Pakistan embassy at Bern, capital of Switzerland, asked them to come after one week as embassy has to take clearance from foreign office in Pakistan. This practice of the embassy officials was continued for several weeks and always saying that clearance has not come. In the month of June, Sardar Shaukat contacted one Senator, Mr. Hasil Bizenjo, to pursue the ministry of interior. Senator talked about the case with Mr. Rahman Malik, the federal minister of interior affairs who asked the complaint in writing (For further details, please see a copy of the letter recommendaded by Minister). Senator Bizenjo submitted complaint to the minister who directed on June 27 to director general immigration and passport to renew the passports. The directorate general through Mr. Arfeen Zubair Minhas, assistant director (policy) sent a letter to embassy of Pakistan at Bern on 1 July requesting it to renew the passports (For further details, please see the letter issued by Directorate General of Immigration and Passport).

The letter from directorate of immigration and passport, Islamabad, worked quickly and Mr. Hassan Habib, the first secretary at embassy asked the applicants to submit the fee for renewal of passports (For further details, please see the receipt provided by the Embassy).

The payment of fee means that certainly passports would be available with in three days. The fees for passports were paid on 5 July 2010 and since then authorities in the embassy refusing to renew and even declining to give back the passports to them. The applicants were continuously contacting personally embassy staff but it was said that clearance from Islamabad has not reached. The one staff from the embassy has told privately to the applicants that because of Sardar Shaukat the intelligence agencies are reluctant to give clearance for the renewal of passports.

Sardar Shaukat again contacted Senator Bizenjo who told him that ISI, the military intelligence agency, is the main hindrance in clearing passports applications. He has been informed that because of Sardar Shaukat the ISI would not give the clearance.

The names of applicants whose applications for renewal of passports were not cleared by the ISI;

Nasim Akhtar, passport number, KA 352709- Saira Sardar Shaukat, KA 352708- Kamran Sardar Shaukat, KA 352710-Farhan Sardar Shaukat, KA 352711- Zeshan Sardar Shaukat, KA 352669-

Roman Sardar Shaukat, KA 352670- Saina Sardar Shaukat, KA 352671.

BACKGROUND INFORMATION:

Sardar Shaukat Kashmiri is the Chairman of United Kashmir Peoples National Party (UKPNP) which is striving for the independent of whole Kashmir from India and Pakistan. Sardar was arrested by the intelligence agencies of Pakistan, first, in 1992 and second time in 1998, and was kept in incommunicado in military torture cells for many months. He was severely tortured and forced to denounce the independence of whole Kashmir. He was offered by the ISI to work for Jihad and he would get prominence at international level. He left Pakistan in 1999 and applied asylum. He got asylum status in 2000.

SUGGESTED ACTION:

Please write the letters to the authorities asking them to renew the passports of the applicants as this the right of every citizen of Pakistan and the denial of renewal tantamount violations of basic rights of the civilians. It is against the civil liberties and freedom of movement as well. Please urge them to hold a probe in to the matter that how embassy officials deny the basic right of the citizens and bring them before the law.

Please note that the Asian Human Rights Commission has already written separate letters to the Special Rapporteur on the Human Rights of Migrants, UN High Commissioner for Refugees.

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

SAMPLE LETTER

Dear __________,

PAKISTAN: Diplomats and intelligence agency refuse renewal of passport of migrant nationals 

 

Names of victim:

1. Nasim Akhtar, Pakistani Passport No. KA 352709
2. Saira Sardar Shaukat, Pakistani Passport No. KA 352708
3. Kamran Sardar Shaukat, Pakistani Passport No. KA 352710
4. Farhan Sardar Shaukat, Pakistani Passport No. KA 352711
5. Zeshan Sardar Shaukat, Pakistani Passport No. KA 352669
6. Roman Sardar Shaukat, Pakistani Passport No. KA 352670
7. Saina Sardar Shaukat, Pakistani Passport No. KA 352671

All are residents of Grubenstrasse12, 3322, Urtenen-Schonbuhl, Switzerland

Home address in Pakistan: Villege- Papanar,Tahsil: Palandhry, District: Sudhnuti, Post Office:Trarkhal, Poonch Azad Kashmir, PAKISTAN

Names of alleged perpetrators:
1. Mr. Hassan Habib, First Secretary, Pakistan Embassy, Bern, Switzerland
2. Inter Services Intelligence- ISI, Islamabad-PAKISTAN
3. Directorate of Immigration and Passport (Head Quarters), Government of Pakistan, Islamabad, PAKISTAN

Date of incident: March 2010
Place of incident: Bern, Switzerland

I am writing to voice my deep concern regarding the denial of renewal of passports to the Pakistani citizens residing in Switzerland on the instructions of state intelligence agency, the ISI.

I am appalled to know that the Pakistani embassy in Bern, Switzerland, has accepted the passports of the seven Pakistani from a family of Pakistani citizen who is on refugee status but denying to renew them since six months, which is gross violations of freedom movement and rights of citizenships of the individual as well as the right to leave, and return to, own country under Article 12 of the International Covenant on Civil and Political Rights (ICCPR).

The detail of the case is that Mr. Sardar Shaukat Kashmiri, chairman of United Kashmir Peoples National Party was residing in Switzerland after getting asylum in 2001 at the time of military dictatorship in Pakistan. His family, including wife and children, migrated in 2002 as the family re-union of accepted refugee. The passports of his family members expired in 2007 and the seven persons from the family applied for renewal in the first week of March 2010 as the mother of his wife was bed ridden.

After receiving the passports, the visa officer at Pakistan embassy at Bern, capital of Switzerland, asked them to come after one week as embassy has to take clearance from foreign office in Pakistan. This practice of the embassy officials was continued for several weeks and always saying that clearance has not come. In the month of June, Sardar Shaukat contacted one Senator, Mr. Hasil Bizenjo, to pursue the ministry of interior. Senator talked about the case with Mr. Rahman Malik, the federal minister of interior affairs who asked the complaint in writing. Senator Bizenjo submitted complaint to minister who directed on June 27 to director general immigration and passport to renew the passports. The directorate general through Mr. Arfeen Zubair Minhas, assistant director (policy) sent a letter to embassy of Pakistan at Berne on July first requesting it to renew the passports.

The letter from directorate of immigration and passport, Islamabad, worked and Mr. Hassan Habib, the first secretary at embassy asked the applicants to submit the fee for renewal of passports. The payment of fee means that certainly passports would be available with in three days. The fees for passports were paid on July 5 and since then authorities in the embassy refusing to renew and even declining to give back the passports to them. The applicants were continuously contacting personally embassy staff but it was said that clearance from Islamabad has not reached. The one staff from the embassy has told privately to the applicants that because of Sardar Shaukat the intelligence agencies are reluctant to give clearance for the renewal of passports.

Sardar Shaukat again contacted Senator Bizenjo who told him that ISI, the military intelligence agency, is the main hindrance in clearing passports applications. He has been informed that because of Sardar Shaukat the ISI would not give the clearance.

I am very shocked to know that when passports are issued from the government of Pakistan than what was the need for embassy staff to get clearance from intelligence agencies which means that still the state intelligence agencies are monitoring every movement of the every citizens. The act of the Pakistani embassy staff at Bern exposes the real governance in the country where the minister for interior is more important, who is the real authority to issue or renew the passports, but intelligence agencies are more important than ministry.

The acts of the Pakistani embassy staff at Berne are against the freedom of citizens of Pakistan and tantamount to violation of fundamental rights of the Pakistani citizens to choose to travel freely in their own country.

I urge upon you to renew the passports of the applicants as this the right of every citizen of Pakistan and the denial of renewal tantamount the violations of basic rights of the civilians. It is against the civil liberties and freedom of movement as well. I also urge you to hold a probe in to the matter that how embassy officials deny the basic right of the citizens and bring them before the law. The role of intelligence agencies particularly of the ISI must be stopped who runs the parallel government.

Yours sincerely,

—————-
PLEASE SEND YOUR LETTERS TO:

1. Mr. Asif Ali Zardari
President of Pakistan
President’s Secretariat
Islamabad
PAKISTAN
Tel: +92 51 9204801/9214171
Fax +92 51 9207458
Email: publicmail@president.gov.pk

2.Mr. Syed Yousaf Raza Gilani
Prime Minister of Pakistan
Prime Minister House
Islamabad
PAKISTAN
Fax: + 92 51 9221596
E-mail: secretary@cabinet.gov.pk, pspm@pmsectt.gov.pk

3. Mr. Makhdoom Shah Mehmood Querashi
Minister for Foreign Affairs,
Government of Pakistan
Islamabad
PAKISTAN
Tel: + 92-51-9210335
Fax: 92-51-9207600
Email: fop.portalteam@gmail.com

4. Ms. Ayesha Riyaz
Ambassador
Embassy of Pakistan
Bernastrasse 47
3005 Bern
SWITZERLAND
Tel: + 41 313501790
Fax: + 41 313501799
E-mail: parepberne@bluewin.ch

 

5. Mr. A. Rehman Malik
Federal Minister for Interior
Government of Pakistan,
R block, Pak Secretariat
Islamabad
PAKISTAN
Tel: +92 51 9212026
Fax: +92 51 9202624
Email: ministry.interior@gmail.com, interior.complaintcell@gmail.com

6. Mr. Syed Mumtaz Alam Gillani
Federal Minister for Human Rights
Ministry of Human Rights
Old US AID Building
Ata Turk Avenue
G-5, Islamabad
PAKISTAN
Fax: +9251 9204108
Email: sarfaraz_yousuf@yahoo.com

7. Dr. Faqir hussain
Registrar
Supreme Court of Pakistan
Constitution Avenue, Islamabad
PAKISTAN
Fax: + 92 51 9213452
E-mail: mail@supremecourt.gov.pk

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

Document Type : Urgent Appeal Case
Document ID : AHRC-UAC-120-2010
Countries : Pakistan,
Issues : Migrant workers, Rule of law,