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Conflict In Balochistan Article-Introduction To Pakistan-Handout, Exercises of Pakistan Studies and Culture

This handout is for Introduction to Pakistan course. It was provided by Prof. Ahmad Shah at Nalanda Open University. It includes: Conflict, Balochistan, HRCP, Fact-finding, Mission, Activists, Armed, Forces, Bombing, Paramilitary, Racism

Typology: Exercises

2011/2012

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HRCP fact-finding missions’ report 1

Conflict in Balochistan

HRCP fact-finding missions

December 2005 - January 2006

Executive summary

Disturbed by reports of renewed armed conflict in parts of Balochistan that began to pour in during December 2005, an HRCP fact-finding team visited the troubled areas near Kohlu and in January, as fighting expanded, another mission visited Dera Bugti and Sui.

The fact-finding mission to Balochistan was led by HRCP chairperson Asma Jahangir. Former chairperson Afrasiab Khattak and Dr Mubashir Hasan formed a part of the team which visited Quetta and Sibi from 26th^ to 28th^ December. Ms Jahangir, Mr Khattak, Balochistan vice-chairperson Zahoor Ahmed Shahwani and Mr Zainuddin visited Dera Bugti and Sui from 8th^ to 10th January to assess the situation there.

The teams talked to local people, including those who had suffered as a result of the conflict, activists, political leaders and members of the local administration.

Human rights abuses

In both Dera Bugti and the Kohlu area, HRCP received evidence that action by armed forces had led to deaths and injuries among civilians. Populations had also been subjected to indiscriminate bombing.

Many of the victims were women and children. Lists of casualties are included in the report. The dead included some Hindus, many of whom had been forced to leave their homes due to the fighting.

There was also an immense sense of fear prevailing among ordinary people, particularly in Dera Bugti, from where 85 percent of the population had fled. Many of the citizens that the HRCP team members spoke to complained about the heavy deployment of paramilitary forces in the area, use of excessive force by the Frontier Constabulary, a paramilitary force, and harsh behaviour towards the people, including children, by personnel linked to these forces.

The views expressed by ordinary people contradicted the opinions put forward by FC officials, who maintained citizens appreciated their presence in the area. Members of the paramilitary forces and the district administration, while extending cooperation to HRCP, gave detailed accounts of abuses they alleged had been committed by the Baloch tribal leaders. They also blamed fugitives or ‘furraris’ for much of the unrest in the province. Racism directed towards the Baloch people surfaced quite openly during some of the discussions.

HRCP fact-finding missions’ report 3

Conclusions and recommendations

  1. There is currently a war-like situation, militarization and politico-economic conflict in Balochistan. By denying this the government is only confusing the issue and making it more intractable.

a) There must be an immediate ceasefire and parliament must meet in a special session to ensure a sustained process of negotiations and dialogue, which must continue till the underlying issue of provincial autonomy and the rights of the people of smaller provinces is resolved. At the same time, a time-bound plan must be drawn up and publicly announced for the demilitarization of the province, which must start immediately. b) In the short term all constitutional mechanisms of an inter-provincial nature must be reactivated with a genuine desire to include all shades of opinions while reaching consensus. However, in the long term, the political forces will have to make a stronger bid for the restoration of the democratic process, which will fully respect the federal foundations of Pakistan. c) The economic and political rights of the tribal population must also be shown due respect. d) All unnecessary check-points erected in Balochistan must be dismantled forthwith and the recommendation of the parliamentary committee on Balochistan respected. e) HRCP urges all Baloch militant parties and groups to desist from laying land mines and to cooperate in clearing those that are already in place. f) The authorities must not stoke inter-tribal feuds, nor arm militias themselves. Such tactics cannot alter the political reality on the ground, they will only aggravate it. g) The official campaign of disinformation must immediately come to an end. In particular, exaggerated accounts of ethnic disharmony must not be propagated from government forums. The law enforcement apparatus must remain confined to its specified legal role and not indulge in any form of propaganda. h) Till normalcy is restored, the government must appoint independent human rights monitors, acceptable to all sides, in the area of conflict.

  1. The security forces as well as the decision-makers have remained completely unaccountable for the

Conflict in Balochistan 4

gross human rights violations in the province, including responsibility for the internally displaced people. a) A high-level investigation, under an independent public prosecutor, must be carried out into the reports of extra-judicial, summary and arbitrary execution, torture, disappearances and injury caused due to excessive use of violence. The perpetrators of any offence committed must be brought to justice. In addition, an internal inquiry should be also held into allegations of excesses by the security forces. b) All places of irregular detention must be immediately closed down and the interior ministry should submit a report on this issue to a parliamentary committee. The committee must have the authority and mandate to be able to scrutinize this process, so that they can publicly assure the people that all necessary steps have been taken towards abandoning such abhorrent practices c) All intelligence agencies of the country should be reined in and made accountable to oversight bodies as well as to public representatives. d) It is critical that the superior courts play their appointed role in the protection of citizens. They must use the legal tools at their disposal to punish abuses perpetrated by the agents of State. e) The media, and indeed all civil society organizations, must not be denied access to specific areas of the country nor must information about events taking place be deliberately distorted. On the contrary, it is the obligation of government to facilitate adequate media coverage of areas under special circumstances. f) To enable the many internally displaced people to return home, it is essential not only that a ceasefire go into place but also that all roads be opened and the Frontier Corps be removed from pickets in the interior of towns and cities. Compensation to people who have suffered human, financial or other losses must be granted. g) The law enforcement agencies must be given training in human rights and humanitarian law. Their chain of command must be strictly adhered to and rules of engagement made public.

  1. There is great mistrust of the government across Balochistan. The credibility of government must be rebuilt to narrow the immense gap that has developed between citizens and the State in the province. HRCP is convinced that the writ of the government can only be respected by the people if it is based on principles of fairness, rule of law and a lack of discrimination. a) The government of Pakistan, must as a first step, review its agreement with the International Committee of the Red Cross (ICRC) and enlarge its scope. In case of doubt, as exists in Balochistan over loss of life and injury, the government must utilize the services of the ICRC to regain the confidence of the people. b) Misguided obsession with State versions of development while children are not able to go to school because of ongoing confrontation, will undermine development itself. In order to ensure that children attend school, it is essential to win the confidence of civil society and the public at large, by reducing the presence of paramilitary forces.
  2. There is a growing lack of cohesiveness between the people of all provinces. This is promoted by the fact that the structures of governance are dependent upon the goodwill of the central government and have lost the will to retain independence. In order to re-involve the people in the decision-making process, confidence building measures are urgently required at all levels. a) The government must provide complete and unimpeded access to human rights organizations to
  • Conflict in Balochistan

HRCP fact-finding missions’ report 7

Introduction

The Balochistan issue

The Human Rights Commission of Pakistan (HRCP) is deeply concerned at the increasing number of reports it has received from across the Country, over the last few of years, of disappearances and systematic torture at the hands of security and intelligence agencies.

However, a number of such reports from Balochistan reflected a distinct pattern of persecution. The human rights abuses in the province receive only limited attention as certain areas remain virtually inaccessible to the national media and civil society, while many parts of the rest of the province are poorly connected to major cities elsewhere in Pakistan. Human rights violations are, therefore, poorly documented and patchily reported. HRCP, nevertheless, observed a pattern of consistent abuse of human rights in the province and decided to send a fact finding mission in October 2003.

The October 2003 mission visited a number of towns, cities and villages in Balochistan to assess the situation. In its report, HRCP urged closer monitoring of the rights situation and recommended a “breakthrough in meeting Balochistan’s aspirations for provincial autonomy”. It also called for a revamping of the law and order machinery and making the intelligence agencies accountable, and warned of the dangers of militarization of the people. The mission noted:

“The dangers of militarization of the people cannot be exaggerated. Even a minimum degree of respect for the history of Balochistan demands that any extension of defence establishments in the province should be subject to double scrutiny and it should be undertaken only after convincing the people of its justification. The need to reduce the military’s presence in jobs traditionally and rightly reserved for civilians is even greater in Balochistan than in other provinces.”

HRCP regrets that since then the situation in Balochistan has been allowed to deteriorate, and all its warnings have been ignored by policy makers. HRCP had hoped that by identifying some contentious issues,

HRCP fact-finding missions’ report 9

Sui and Dera Bugti from January 8th^ to 10th, 2006. Official statistics and documents as well as verified newspaper reports are also used in the report.

Asma Jahangir, chairperson HRCP, Mr. Afrasiab Khattak former Chairperson and senior leader of HRCP, Dr. Mubashir Hasan were members of the team visiting Quetta and Sibi. They were assisted in this mission by members of HRCP in Balochistan. Vice Chairperson Mr. Zahoor Ahmed Shahwani and former chairperson of HRCP Mr. Tahir Mohammad Khan gave invaluable insights. The logistic arrangements organized by the Balochistan chapter of HRCP in difficult circumstances made the mission possible.

The mission to Sui and Dera Bugti was carried out by Asma Jahangir, chairperson HRCP, Mr. Afrasiab Khattak former chairperson, vice chairperson, Mr. Zahoor Ahmed Shahwani and Mr. Zainuddin, member HRCP. A number of journalists accompanied the mission.

The mission to Quetta also went to Sibi, Talli and drove beyond Talli in the direction of Kahan, but returned some 20 kilometres short of Navand.

They were able to meet a large number of political leaders and activists, NGOs, members of the press, lawyers, leaders of various tribes in Balochistan, victims and their families and local people in Quetta as well as during their travel. They also met with Major Zafar and Major Bangash of the Frontier Corps. The mission was able to exchange information and views with other personnel of the Frontier Corp, the military and government officials working at the District Hospital Sibi. In Quetta, Colonel Naeem, met a member of the team and gave some valuable information.

The team did not attempt to seek appointments with any senior government official in Quetta because of the short time at their disposal.

The team was able to clarify some facts through telephonic interviews with those who were either not reachable or not available because of security and safety concerns. They were also able to meet with some women who testified to the violence they experienced or saw being carried out in Dera Bugti on 17,h^ March

As usual, the mission was impressed by the courtesy and hospitality offered to them by the people. HRCP would like to thank the officials they met for the cooperation and courtesy they extended to the mission. Members of the mission were particularly struck by the remarkable clarity with which the press briefed them in Quetta. At the same time they remained disturbed by the first hand accounts of torture they heard from victims.

Further reports of bombings and rocket attacks on Sui and Dera Bugti prompted the next mission. The government denied that there was army action or an operation in the area, while the Bugtis claimed heavy use of military force. According to the government they were engaged in dealing with a “law and order” crisis created by some “miscreants”. The Governor of Balochistan denied that the area was made inaccessible and extended an invitation to human rights bodies as well as to the press to visit it. As such the authorities were notified of the mission through the media and Mr. Mushahid Hussain, secretary-general of the ruling Pakistan Muslim League (PML).

During the mission the team visited Sui and Dera Bugti. They met with a large number of locals and officials. They included Mr. Abdul Samad Lasi, the District Coordination Officer (DCO) of Dera Bugti and the Commandant Bambore Rifles, Dera Bugti, Lt. Colonel Fooqan. The team also had the privilege of a briefing from the Inspector General of the Frontier Corps, Shujat Zameer Dar on the telephone. The team met with Nawab Akbar Bugti, the Sardar^1 of the Bugti tribe. The Nawab had moved from his house in Dera Bugti and) relocated himself elsewhere-at an undisclosed location after escalation of violence on December 30th, 2005.

Conflict in Balochistan 10

The context of the report

Human Rights violations cannot be justified even in times of emergencies. Governments bear an obligation to respect basic human rights norms, at all times, and there can be no derogation in respect of certain fundamental human rights principles. For example, torture or abduction under State patronage as well as arbitrary detentions are unacceptable under any circumstances. According to customary international law, excessive, disproportionate, indiscriminate or unauthorized use offeree is illegal and amounts to gross human rights violations. All killings under such conditions would also be considered extrajudicial or summary executions. HRCP has consistently spoken out against extrajudicial killings by State agencies and killings with impunity by non-State players. At the same time, it would like to emphasize that, states bear a greater responsibility to protect its citizens and to operate within the law. The Geneva Convention on the Protection of Civilian Persons in Time of War, adopted on 12 August 1949, lays down guidelines on protecting civilians against death, injury, or torture even in times of war. Humanitarian law extends to non-international armed conflicts and protects civilian population against the effects of hostilities. HRCP will continue to focus its attention on the state of human rights in Balochistan. At the same time it hopes that through this report the complex socio-political environment of Balochistan can also be briefly presented so that a better understanding of the root-causes of lingering hostilities in the province can lead to wiser conclusions. The analysis is also important as it will enable HRCP and others to make principled and meaningful recommendations for upholding the values of human rights, peace and democracy.

Conflict in Balochistan 12

asked to wait till permission was sought for them to proceed. After an hour and a half, they were warned that mines had been laid on the road and occasional firing by the “furraris”^2 was common. To assess the situation, the team decided to take the risk and travelled for an hour and a half on this road. They were unable to see a single human being apart from military personnel and a few locals who were living in proximity to the main check post. They confirmed that rocket launchers and gun fire was exchanged by both sides - the military and the local tribesmen. They also verified that gunship helicopters and fighter jets flew regularly over the area and that they heard sounds of bombardment. The team saw heavy artillery, including canons and tanks at various bunkers of the military. There was fear amongst the few locals that the HRCP team spoke to and they expressed resentment over the military presence as well as their use of force. Despite repeated interrogation, the locals did not confirm that there were “furrari” camps in their area. The military personnel claimed that some distance away, the FC had set up a bunker after taking over a “furrari” camp. The team doubts that the place was a “furrari” camp because locals claimed it was a temporary settlement of Marri nomads. TheHRCPteampasseditand saw a reservoir of water collected for household use, remains of earthen ovens (‘tandoors’) and other household items. Subsequently, HRCP activists made further inquiries from locals and confirmed the FC had fired upon this settlement of nomads, based at Arand, and had established a position for themselves there, with heavy artillery and other weapons visible. As such claiming that it was a furrari camp were not valid. The Talli road leading to Kahan, on which the team was travelling, was being built by the army. Bulldozers were reportedly sent out a month earlier. It was also reported that because of the use of force by the FC, and the bombardment, the sparse local population in the area had fled. It is difficult to give the numbers of internally displaced persons in this area, as most of them are nomads. The HRCP team noticed that except for their vehicle, no other travellers were being allowed beyond the Talli check point. The three roads leading to Kahan, they learnt, were all closed. The team met a number of people in Quetta, including journalists and Marris, who confirmed Kahan had been cordoned off and made inaccessible by the FC forces along all three routes, Dera Bugti, Kohlu and Sibi. Local transporters bore this out. People whom the team met told the team bombardment had been carried out in Jabbar^3 , Pekal, Siyah Koh, Mayhaee, Bambore, Taratani, Soraf, Sakhin and Sorakhor. However, HRCP cannot give first-hand information either of the bombings or of the fatalities or casualties caused. The team did however receive a list of those dead and injured in Pekal and Jabbar. They were subsequently able to verify the authenticity of these

Displaced persons; where will they go?

HRCP fact-finding missions’ report 13

lists through HRCP sources.

The FC, while denying they had surrounded the area, did admit the FC was acting to destroy the eight identified ‘furrari’ camps in these places.

The development plans of the government are being challenged by the local tribes. They accuse the government of laying down infrastructure for the mobility of the military in order to access their lands and take over their natural resources. The construction of the Talli-Kahan road is one such example. Along this road there is no sign of development or of settlements, but it is being given priority in terms of development.

HRCP, however, found evidence that the Baloch militants had planted mines in the area. It denounces the use of mines and is deeply disturbed by this information. It urges all parties involved in the conflict to desist from planting mines and discontinue this dangerous practice forthwith.

A member of HRCP’s team met four women from Nawab Akbar Bugti’s family. They were present when rockets were fired at the house on March 17,h, 2005. One of them received some injuries, when the women and children were trying to escape. Subsequently, the team was able to visit Dera Bugti and assess the facts for themselves.

Complaints by journalists

Almost every journalist that met the HRCP team complained of threats that they had received from intelligence agencies. A few of them narrated incidents in which they were picked up and then released a day later, after having been warned. Journalists complained that persons claiming to be representatives of the secret services threatened to kidnap their family members unless they succumbed to their demands.

Human rights violations

Arrests and arbitrary detentions

The Interior Minister is quoted in the press as acknowledging having made 4,000 arrests in connection with the Balochistan situation, while speaking to the press in Turbat. This matter was later raised by a leader of PML(N).^4. The charges against a number of these persons have not been disclosed to their families. In some cases it is not known where they are being detained, and furthermore the government has not disclosed the identies of persons arrested during these operations.

Other government members have given contradictory accounts of the number of persons arrested in Balochistan.

Extrajudicial killings

HRCP considers that the present situation in parts of Balochistan including Dera Bugti and Kahan, can be described as armed conflict. On the basis of credible reports it is in a position to conclude that non- combatants have been killed. On more than one occasion, the use offeree was disproportionate and excessive and employed indiscriminately. The HRCP team was able to investigate the facts of the bombing and use of force by the security forces on December 17th, 2005.

The government has denied all reports of bombing civilian populations and continues to insist that there is no unusual army action. According to them, it was a “law and order” situation, created by a handful of miscreants, which was being dealt with. The government’s position cannot be sustained by the evidence made available to HRCP. The team was also able to speak to an independent journalist, Nadeem Syed, the correspondent for’ Dawn’ at Multan. He had visited an area adjoining the district of Kohlu and Dera Bugti – a

HRCP fact-finding missions’ report 15

Pakal

Name Father’s Name Age description

  1. Hamal Jhungal Youth
  2. Kahero Jhungal Child
  3. Kambhir Wazhu Infant
  4. Dhozo GhulamHussain Child
  5. GhulamHussain Ihangav Male
  6. Wazir Hingal Youth
  7. MohdAli Kahiro Infant
  8. Dad Mohammad Mauraiz Infant
  9. Tauraiz Mauraiz Child Names of injured persons

Jabbar

Name Father’s Name Age description

  1. Maddo Bashkia Infant
  2. Nazi Ghulam Mohd Infant
  3. Safiea Ghulam Mohd Child
  4. Bibi Sazo Lalu Child
  5. Khamzadi Lalu Quid
  6. Mohro AUMohd Youth
  7. Aisha TikalKhan Youth
  8. Bibi Arfana MahirJan Child
  9. Nami Amir Infant
  10. Basnaz Amir Child
  11. GulNaz Saidad Youth
  12. Marium Saidad Infant
  13. DilNaz Khuidad Infant
  14. NamirBibi Khuidad Child
  15. Sabirnaz Patekhan Child
  16. BibiShalo Patekhan Child
  17. Hirtho Patekhan Child
  18. Fathema Kahere Infant
  19. Kathema Kahere Child
  20. Murgo Kahere Child
  21. Shah Bibi Hazu Infant
  22. NazBibi Hazu Child

Conflict in Balochistan 16

Disappearances

The Constitution of Pakistan guarantees an inalienable right of protection of life, liberty, reputation and property to every citizen.^5 No person shall be deprived of life or liberty, except in accordance with law.^6 Safeguards to arrest and detention are provided in the Constitution and it is made mandatory that those detained must be produced before a magistrate within 24 hours.^7 HRCP recognizes that the law provides sufficient guarantees from arbitrary arrest but these become meaningless in the absence of an effective judicial mechanism. In addition, there ought to be specific legal machinery —including laws and oversight bodies-for the effective accountability of law and security agencies. All misuse of power by them must carry penal sanctions and the culture of impunity must end. HRCP is deeply concerned that superior courts in the country have not been able to uphold the principles of the rule of law. HRCP has received reports of disappearances from across the country. The families are often hesitant to come forward because of threats by intelligence agencies warning them to remain silent. For reasons of confidentiality, the HRCP is unable to give details of every such case received by them. We do, however, have a fair number of documented cases which can be made public. They present a dark picture. The reports reflect a pattern of intimidation and abuse; people are threatened to remain silent, they are blindfolded and handcuffed and tortured through various means, including the injection of unknown chemicals, humiliation and stripping. It appears that there is a network of private torture cells run by intelligence agencies throughout the country. Some victims have also been able to describe the locations and structures of such torture cells.

Missing persons

♦ Ali Asghar Bangulzai Baloch, a tailor master by profession, was arrested on June 1st, 2000, by security and intelligence agencies in the presence of his nephew, Naserullah. Three people entered his shop and called him outside, where three vehicles with tinted glasses were parked. According to Naserullah, and later Ali, three army officials were sitting with G-3 rifles in their hands. Ali was whisked away and his nephew threatened into silence with a promise made of releasing Ali after interrogation. He was later released after 14 days. According to Ali’s relatives, he was tortured and interrogated in connection with the murder of Justice Nawaz Marri. Months later, on October 18th, 2000, he was picked up again along with his relative Mr. Iqbal, while riding a bicycle past Degree College, Quetta. Mr. Iqbal was released after 22 days. Ali remains missing. On April 27th, 2002, Ali’s family gave up hope of his returning and made some efforts for his release. They met Corps Commander Abdul Qadir Zari and sought his help. On May 15th, 2002, two officials of the ISI visited the family and assured them that Ali was well and would soon return. They also discouraged them from protesting, implying that in doing so, they would damage the interest of the abductee. After receiving no word of Ali’s whereabouts, the family met Brigadier M. Sadique of the ISI who made inquiries from Colonel Bangish. According to the testimony of the family, the Brigadier received a file from the Colonel, which he inspected. He then comforted the family and promised to help. After the meeting, the family visited several officials and at each occasion begged for the Brahim Baloch release of Ali or delivery of his dead body. Each time they were promised that

Ali Asghar Bangulzai

Conflict in Balochistan 18

respected member of the Marri tribe. According to a number of interlocutors met by HRCP team, Haji was described as a wise man and a mediator of disputes who encouraged non-militant behavior. On July 22nd, 2005, he was picked up by the police in the presence of at least two eye-witnesses. His whereabouts remain unknown. ♦ Amember of the Balochistan National Party (BNP), Aslam Gargnari, disappeared after a peaceful protest rally staged by his party. The police filed reports of treason against all speakers at the rally including Aslam Gargnari. On May 16th, 2004, his car was discovered at the airport, however, he remained missing. His political colleagues were initially told that he was in the custody of the crime branch and was detained under the Maintenance of Public Order (MPO) regulations. Later his whereabouts could not be found. The family has filed a habeaus corpus petition but Gargnari has so far not been located. His party organized a protest rally on May 21st, 2004. Cases of treason were registered against the speakers at the rally. ♦ Faiz, son of Hamza, 60 years of age, was walking past a construction company in Turbat city when an explosion took place on May 18th, 2005. Faiz was severely injured but was arrested by the police on suspicion of having caused the bomb blast. The police (in Turbat) handed him to the Anti-Terrorist Forces. Faiz was produced in the High Court of Balochistan in a severely injured condition and, therefore, the court ordered that he be admitted to the Jail Ward of the Civil Hospital, Quetta. On October 12lh, 2005, the court released Faiz on bail but he was rearrested and has since been missing. He has not been produced in any court. ♦ Shoukat Bugti, son of Muhammad Ali Bugti, and his relative Hasan Bugti, son of Haji Abdul Wahid, are residents of Mach, district Bolan, Balochistan. They were arrested by the security forces from their house on June 10th, 2005, in the presence of family members. They have since not been produced in any court and nor have their whereabouts been disclosed to their families. ♦ On November 18th, 2005, a leading poet and writer, Dr. Hanif Sharif, was detained by the military from a restaurant in Turbat. Anumber of poets and writers were present at the time that he was ‘picked up’The president of the Balochistan Academy for Arts, Ghani Parvaz, has stated that many academy members saw Sharif being taken away. Police had earlier refused to register a case, but now claim unofficially that Sharif has been arrested. His whereabouts are as yet not known.

Torture

Torture is endemic in Pakistan. The United Nations Special Rapporteur on Torture visited Pakistan in

  1. He concluded: “Torture, including rape, and similar cruel, inhuman or degrading treatment are rife in Pakistan, although those with important family, political or international connections are somewhat less at risk of the most extreme forms of torture.”^8 He observed that allegations he had received throughout his tenure indicated that torture of persons in the custody of the police, the paramilitary and the armed forces was common, widespread and systematic in Pakistan. The HRCP finds the situation extremely alarming and urges the parliamentarians to pay special attention to this very serious human rights violation, which is being committed with impunity. Regrettably, the courts too

Dr. Hanif Sharif Baloch

HRCP fact-finding missions’ report 19

have failed to take serious notice of torture and accept it as a common reality.

The Constitution of Pakistan does not give absolute protection against torture. Article 14 guarantees “the dignity of man” and it is followed by a sub-article stating:

“No person shall be subject to torture for the purposes of extracting evidence.” There can be no derogation from the right not to be tortured even in times of emergency, conflict or external war. HRCP is of the view that the constitutional guarantee against torture should be unqualified. Pakistan’s law enforcement and decision makers must be acquainted with the provisions of the United Nations Code of Conduct for Law Enforcement Officials. Article 5 of the Code states:

“No law enforcement official may inflict, instigate or tolerate any act of torture or other cruel, inhuman or degrading treatment or punishment, nor may any law enforcement official invoke superior order or exceptional circumstances such as state of war or a threat of war, a threat to National Security, internal political instability or any other public emergency as a justification of torture or other cruel, inhuman or degrading treatment or punishment.” The government of Pakistan should sign to the UN International Covenant on Civil and Political Rights and its Optional Protocol. In particular, the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment must be signed and ratified.

HRCP must emphasize that the reports regarding allegations of torture received by them are the tip of the iceberg. Amongst the reports which cannot be reported are those which do not sound credible or are not verified or consistent. In addition to this, a number of victims and their families do not wish to be identified.

Allegations of torture

♦ Seven members of Balochistan Students’ Organization (BSO) were arrested between the night of 24th^ and 25th^ March, 2005, from Karachi, after attending a peaceful rally protesting against the army operation in Balochistan. Amongst them were Dr Imdad Baloch, Dr Yousaf Baloch, Dr Naseem Baloch, Ghulam Rasool, Dr. Allah Nazar, Akhtar Nadeem and Ali Nawaz.. Dr Yousaf Baloch, Dr Naseem Baloch, Ghulam Rasool and Dr Imdad Baloch were produced in police station Sakhi Sarwar in Dera Ghazi Khan after having been kept in illegal confinement and tortured by intelligence agencies. They were released on 24th^ May. Dr Allah Nazar was eventually produced in a court in Rahimyar Khan on 13th^ August. He was then shifted to Balochistan and charged for terrorist acts. He is currently at Central Jail Quetta. He is virtually paralysed and has lost a substantial part of his memory. HRCP vice chairperson Mr Zahoor Ahmed Shawani met Dr Allah Nazar, who reiterated he had suffered torture and as a consequently is physically and mentally impaired. ♦ Akhtar Nadeem, son of Lai Bakhsh, and Ali Nawaz were released on November 2nd, 2005. They had been kept in anti-terrorist sub-jail at Quetta. Both have given detailed accounts of torture. [See Appendix ‘B’ for a detailed account by Dr. Imdad Baloch]. ♦ Alam Pirkani Baloch, belonging to the Pirkani tribe, was arrested by the CIA on September 24 th, 2000, in Jehaniah, Multan District, Punjab province. He was arrested by DSP Sheryar