Your Excellency,
I am deeply concerned following
reports of the attack against the vehicle carrying Parvez Aslam Choudhry,
Aslam Masih, Ijaz Victor and Mubarak Masih, all members of Legal Aid for the
Destitute and Settlement (LADS), and of accusations brought against Aslam
Masih. LADS provides legal support to poor detainees and works against
discriminatory laws in Pakistan.
On 25 April 2008, at approximately
12:15am, the car in which Parvez Aslam Choudhry, Aslam Masih, Ijaz Victor
and Mubarak Masih were travelling was hit from behind and from the
right-hand side by a red van. The back windscreen was broken, the bumper
was damaged and there were minor injuries to all passengers. The members
of LADS were on their way to the Nasirabad police station to make an
inquiry about a blasphemy case in which Parvez Aslam Choudhry was the
defence lawyer.
I have previously issued an urgent
action appeal about the attack suffered by Parvez Aslam Choudhry on 7
April 2008 when he arrived at court for a bail hearing on the same case
of blasphemy, and the death threats he has received in relation to the
case.
The complaints that Parvez Aslam
Choudhry made about the attack on 7 April 2008 have now been registered
(First Information Report [FIR] No 477 / 2008). However, an allegedly
unfounded complaint (FIR No 478 / 2008) was filed hours after that of
Parvez Aslam Choudhry, by Sadaran Bibi and Mohammed Jehangir, both of
whom were involved in attacking him that day. Their accusations were
against Aslam Masih under section 354 of the Pakistan Penal Code (PPC)
“Assault or criminal force to woman with intent to outrage her modesty”.
It is believed that these allegations were filed to distract attention
from the accusation Parvez Aslam Choudhry had brought against Sadaran
Bibi and Mohammed Jehangir.
Members of LADS and their families
have received death threats and been attacked because of their work in
the past. Most notably, on 11 May 2006, Rana Javed Refiq was killed
whilst Parvez Aslam Choudhry and Ijaz Victor were hospitalised after the
car in which they were travelling was reportedly rammed off the road.
I believe that the attacks on the
members of LADS and the accusations made against Aslam Masih are related
to their legitimate work as human rights defenders, especially their work
against discriminatory laws in Pakistan. I believe that the attack and
accusations are part of an ongoing trend of harassment against human
rights defenders in Pakistan. I am concerned for the physical and
psychological integrity of Parvez Aslam Choudhry, Aslam Masih, Ijaz
Victor and Mubarak Masih, as well as that of all members of LADS and
their families.
I urge the authorities in Pakistan
to:
1. Carry out an immediate, thorough
and impartial investigation into the attack on the car of the members of
LADS with a view to publishing the results and bringing those responsible
to justice;
2. Drop all charges against Aslam
Masih, as it is believed that they have only been brought against him
because of his legitimate work as a human rights defender;
3. Guarantee the security and
physical and psychological integrity of all members of LADS, as well as
that of their family members;
4. Ensure that all human rights
defenders in Pakistan, including lawyers, carrying out their legitimate
work in the defence of human rights, are able to operate free of
restrictions and reprisals.
I respectfully remind you that the
United Nations Declaration on the Right and Responsibility of Individuals
Groups and Organs of Society to Promote and Protect Universally
Recognized Human Rights and Fundamental Freedoms, adopted by consensus by
the UN General Assembly on 9 December 1998, recognises the legitimacy of
the activities of human rights defenders, their right to freedom of association
and to carry out their activities without fear of reprisals.
I would particularly draw your
attention to Article 9 (1): ”In the exercise of human rights and
fundamental freedoms including the promotion and protection of human
rights as referred to in the present Declaration, everyone has the right,
individually and in association with others, to benefit from an effective
remedy and to be protected in the event of the violation of those
rights”, to Article 11: “Everyone has the right, individually and in
association with others, to the lawful exercise of his or her occupation
or profession (...),” and to Article 12 (2): “The State shall take all
necessary measures to ensure the protection by the competent authorities
of everyone, individually and in association with others, against any
violence, threat, retaliation, de facto or de jure adverse
discrimination, pressure or any other arbitrary action as a consequence
of his or her legitimate exercise of the rights referred to in the
present Declaration.”
Yours sincerely,