|
IDHAE
INFORMATION
|
|
Mr. Malik had been kept incommunicado detention
for a week while being held at the Attock Jail. His cell measures just four
feet wide and five feet high which makes it extremely difficult if not impossible
for him to move comfortably. He was taken out shortly only once in a day to
breathe some fresh air. At day time, his detention cell was completely dark
but at night a powerful bulb was put on, therefore making it extremely
difficult for him to sleep. He was not allowed any visitors to ascertain his
condition inside the jail following his arrest, particularly his family. In one instance, the superintendent of the Attock
jail, told Mr. Malik soon after he was taken in detention that he was the
first victim of Chief Justice Choudhry. This superintendent told him that he
would take revenge against all those persons who had worked to restore the
ousted Chief Justice. Only after Mr. Malik’s urine started to emit
traces of blood was he taken to a government hospital for treatment. But
despite having not recovered fully, after few days of being at the hospital
he was again taken back to the Attock Jail. On November 22, Mr. Malik was taken to the
Islamabad, PIMS hospital (Pakistan Institute of Science Management) but his
condition has since worsened. This time, he was admitted to the hospital’s
Intensive Care Institute (ICU) after the physicians examining him discovered
the severity of his condition. However, despite these findings by his
physicians, the policemen who took him to the hospital at first refused to
admit him for immediate treatment. But after the alarming news of his condition
spread out, the authorities withdrew the policemen deployed outside the ICU
where Mr. Malik was finally admitted. When Mr. Malik regained consciousness
he told his physicians that while he was in jail the jail authorities gave
him liquid to drink, or juice, as he was told, forcing him to take them. It
happened after he was taken back to jail from the hospital. Mr. Malik told
the doctors that the drink and food ration that the jail officers have given
him might have contain poison. While in detention, the jail guard also
deprived him of any regular medication. Since then his condition continues to
deteriorate. The medical examination performed on Mr. Malik
disclosed that both his kidneys and liver are no longer functioning properly
and that his urine continues to emit traces of blood. He has now received
dialysis twice in order for him to gain immediate relief from his condition.
On November 25, the physicians examining Mr. Malik informed him that the next
two days would be critical. The government has already claimed it already
released Mr. Malik from detention following pressure by the legal community.
However, security forces attached to the government’s anti-terrorist squad
have not been pulled out from the hospital where he is admitted. In Pakistan,
this squad is reported to have more power than the police. Mr. Malik is reported to be one of the lawyers
known to have suffered brutal and inhumane treatment following their arrest
on November 3 after the emergency rule was imposed. BACKGROUND
INFORMATION: Mr. Munir A. Malik is the key person who started
the movement for the restoration of Mr. Ifekhar Choudhry, Chief Justice of
Pakistan, who was suspended on March 9 by General Pervez Musharraf. The
government of President Musharraf has since been dismissive of him. In
October 2006, when Mr. Malik was elected as president of the Supreme Court of
Bar Association (SCBA), the government refused to acknowledge his leadership. Mr. Malik’s election to the bar association was
also challenged by Mr. Malik Qayyum, the present Attorney General. In refusing
to acknowledge his leadership, the government appointed Mr. Qayyum as the
SCBA’s parallel president which led to the division in the bar association.
However, Mr. Malik challenged Mr. Qayyum’s legitimacy. He was later
acknowledged by the bench of Supreme Court, headed by Chief Justice Chowdhry,
as the duly elected president of the SCBA. In the past few days, the government has
announced that it has released thousand of detainees, including lawyers,
judges, journalist, political activist, human rights workers and others.
However, it is reported that over 1,000 lawyers have remained in jail. The
names, place of detention and reasons as to why they are continuously
detained have not been made public by the government. In the press release the issued by the AHRC
AHRC-PL-051-2007, serious concerns were raised with regard to the great risk
that persons remaining in jail face of being tortured, maltreated, killed or
disappeared, unless they are fully accounted for and their families are
allowed access to visit them to ascertain their condition. The government has
continuously failed to provide basic information regarding the condition of
these detainees, particularly their names and their places of detention. It
is extremely difficult to ascertain the exact number of person in jail and
those who could have disappeared because of this condition. SUGGESTED
ACTION: SAMPLE LETTER: PAKISTAN:
Prominent lawyer tortured, poisoned in detention; two others held
incommunicado Name of
the victim in serious condition: Dear __________, I am writing to express my grave concern regarding the
present health condition of Mr. Munir Malik, former president of the Supreme
Court of Pakistan Bar Association (SCBA) who is presently admitted at a
hospital due to his serious condition. As you are aware, at the early stage of his arrest and
detention, we have already drawn your attention to Mr. Malik’s deteriorating
condition. We rightly mentioned that his urine had already started emitting
traces of blood due to severe beatings. Though the security forces who taking
custody of him following his arrest on November 3 took him to hospital for
treatment they did not allow him to fully recover. They took him back to the
detention center and did not provide his regularly medications for his
injuries. He was held incommunicado in Attock Jail, a remote jail in
a mountainous area in the north western frontier province for a week, in an
isolation cell which is just only four feet wide and five feet high. The
security officers only allowed him to emerged shortly from his cell once a
day; however, all day his cell in completely dark and all night a powerful
bulb is put on making it extremely difficult if not impossible for him to
fall asleep. I have also learned that the drink and food rations given to him
could have contained poison. The victim has told the physicians examining him that his
condition has worsened after he was forced to take the drinks and food
supplied to him. The physicians examining Mr. Malik have found out that his
kidney and liver are no longer functioning properly. His urine has likewise
continued to emit traces of blood as it was before and they have had to
perform dialysis treatment twice now for him to gain immediate relief. I am extremely shocked by the manner security forces have
treated Mr. Malik while he is in detention. The complicity by the jail
authorities and the security forces that arrested and detained him following
his arrest is completely unacceptable. In doing so, the government blatantly
violates international laws and standards which require the minimum
requirement for treatment of prisoners. As you are aware, freedom from
torture is a non-derogable right by which the government is obliges to
observe regardless of the country’s condition. I therefore urge you to ensure that Mr. Malik obtain
remedies and redress from the violation perpetrated on him. The government
must take action to ensure that those responsible of brutally torturing and
inhumanely treating him are held to account. It must also ensure that
adequate and appropriate medication is afforded to him for his complete
recovery. Also, I urge you to take action to prevent similar brute
and inhumane treatment perpetrated against the detainees arrested on the
pretext of the state of emergency. I have learned that two other persons, Mr.
Ali Hmed Kurd, former President of Pakistan Bar Council and Mr. Tariq
Mehmood, a former president of Supreme Court Bar Association, have been held
incommunicado ollowing their arrest. It is extremely difficult to ascertain
the exact details of their present condition however due to restriction
imposed on the information of this nature. As you are aware, although the government have announced
it already released thousand of detainees, the details regarding the names,
places of detention and the present condition of those who remained in jail,
have not been made in public. Once again, I urge you to ensure that these
information are made available in public as a requirement to prevent this
persons from being subject to torture, maltreatment, and other forms of
abuses. Please ensure that each of the detainees and those arrested
are fully accounted for and their respective families are allowed access to
visit them to ascertain their condition. The detainees and their family must
also be informed properly as to why they are continuously detained and that
necessary assistance must be afforded to them. Appropriate medications must
also be afforded to for the sick detainees and those needing treatment. I trust that your action in this serious matter is
forthcoming. Yours sincerely, -------------- 1. General Pervez Musharraf 2. Mr. Afzal Haider 3. Federal Minister of Interior 4. Secretary 5. Dr. Faqir Hussain |
|||
|
|
Ali Ahmed Kurd was moved from Jhelum Jail to Rawalpindi on 26
November. He is standing as a candidate in the general elections scheduled
for January 2008,
Atizaz Ahsan was moved from Adiala jail in Rawalpindi to his home in
Lahore, where he currently remains under house arrest. 
