Hotline Asia Urgent Appeals -- UA030917(8)

Extrajudicial Killing
~ PAKISTAN ~
17 September 2003

Action Requested || Sample Letter || Background
Please respond before 30 October 2003

Summary

Christian youth, Sunil Samuel, aged 18, was sexually assaulted by inmates at Camp Jail, Lahore. After lodging a complaint he was tortured to death by two jail officials on 19 August 2003. He was being held in custody at the jail prior to trial in a robbery case that appears to have been fabricated against him following an employment dispute.

According to the Human Rights Commission of Pakistan, extra judicial killings have increased compared to previous years. During 2002 at least 236 people were killed in 'encounters' with law enforcement officials and more than 50 fell victim to 'target killings'.

From 1 January to 31 July 2003 there have been 25 custodial deaths in Lahore district and suburbs. Christians are over-represented among the victims with approximately 13% of victims being Christian while Christians comprise only 2% of the population.
 

Action Requested

Please write polite letters expressing concern at the rising number of extrajudicial killings in Pakistan, and the over-representation of Christians among the victims. Please request that the relevant authorities:

  1. Conduct an impartial investigation into Sunil Samuel's case, and all other cases of custodial deaths;

  2. Arrest the culprits and bring them to justice;

  3. Take measures to ensure that torture and extra judicial killings are stopped; and

  4. Ensure that Pakistan signs, ratifies and implements the Convention Against Torture.

Send letters to:    
H.E. Pervez Musharaf
President of Pakistan
President House, Islamabad
PAKISTAN		 Fax: 92-51-9203938
92-51-9211018
Send copies to:    
Faisal Saleh Hayat
Minister of Interior,
R- Block, Pak Secretariat, Islamabad
PAKISTAN		 Fax: 92-51-9202624
Lt. General (R) Khalid Maqbool
Governor of Punjab
Governor's House, Lahore
PAKISTAN		 Fax: 92-42-9200025
Chaudhry Pervez Elahi
Chief Minister of Punjab
Chief Minister Secretariat
90, Sharah-e-Quid-e-Azam, Lahore
PAKISTAN		 Fax: 92-42-9203254
Diplomatic Representatives of Pakistan in your country.    
 

Sample Letter

We are gravely concerned about the death in custody of a Christian youth, Sunil Samuel aged 18, of Lahore at Camp Jail Lahore on August 19, 2003.

According to inmates at the jail, Sunil Samuel was sodomized by three inmates Mehboob, Naeem and Naseer at Camp Jail Lahore. Not only did the jail authorities fail in their duty of care to protect this young man from sexual assault while in their custody, but when he lodged a complaint he was tortured to death by two jail officials. He was hanged by the neck from a ceiling fan by the jail officials in order to fabricate a suicide case. We are informed that an autopsy report listed torture and sodomy as causes of death. A case has been registered against the Jail Superintendent, Jail Warden and three prisoners Mehboob, Naseer and Naeem.

The death in custody of this young man while awaiting trial is part of a larger pattern of increasing numbers of extra judicial killings. It appears that Christians are over-represented among the victims of such killings. Christians comprise only 2% of the population but make up approximately 13% of the victims of extrajudicial killings in the Lahore area in the year to date. The low socio-economic status of minorities leaves them particularly vulnerable to violence and in need of the protection of the state.

An impartial investigation into Sunil Samuel's case, and all other cases of deaths in custody, is needed in order to bring the culprits to justice. While torture for the purpose of extracting evidence is already expressly banned by Article 14(2) of the Constitution, there is an urgent need to put in place measures to ensure an end to torture and extrajudicial killings in Pakistan.

We respectfully suggest that signing and ratifying the Convention Against Torture would assist the Government of Pakistan to eliminate torture and extrajudicial killings as it contains a range of measures to achieve this end.
 

Background

A Christian youth, Sunil Samuel aged 18, started working at an internet café in Mall Road owned by Mr Jute. When Sunil Samuel demanded his wages Mr Jute tried to delay payment and a hot exchange between them followed. It is alleged that Mr Jute threatened the youth with 'dire consequences'.

It is reported that Mr Jute, with the assistance of sub-Inspector Ghulam Hussain of Qilla Singh Police Station, registered a false charge of robbery against Sunil Samuel and others. The police arrested Sunil and tortured him in the presence of the complainant. He was sent to Camp Jail Lahore on 9 August where he was held together with convicted criminals.

Inmates at Camp Jail Lahore report that Sunil was sodomized by three inmates Mehboob, Naeem and Naseer. The jail authorities failed in their duty of care to protect this young man from sexual assault while in their custody. When Sunil recorded a complaint with the jail officials, the Deputy Superintendent Zia-ullah reportedly ordered that he be punished along with the accused.

Jail staff, Iqbal and Abbas then tortured the three accused along with Sunil. Sunil begged to be spared as he was the victim but the officials accused him of being a party to the crime of sodomy and demanded five thousand rupees as a bribe. When he refused they tortured him for two days resulting in his death on 19 August 2003. He was hanged by the neck from a ceiling fan in order to fabricate a suicide case. It is not clear whether or not Sunil Samuel was already dead at the time of the hanging.

Inmates at the jail disclosed details of the case to the media through their relatives.

The family of deceased claim that an autopsy report names torture and sodomy as causes of death. They have registered a case against the Jail Superintendent, Jail Warden and three prisoners Mehboob, Naseer and Naeem.

The Constitution of Pakistan expressly forbids torture: "No one shall be subjected to torture for the purpose of extracting evidence" (Article 14 (2)). Police abuse of power is commonly expressed in torture, arbitrary detention, rape and death in custody, and inhuman prison conditions.

According to the Human Rights Commission of Pakistan, extra judicial killings have increased compared to previous years. During 2002 at least 236 people were killed in 'encounters' with law enforcement officials and more than 50 fell victim to 'target killings'.

From 1 January to 31 July 2003 there have been 25 custodial deaths in Lahore district and suburbs. Christians are over-represented among the victims with approximately 13% of victims being Christian while Christians comprise only 2% of the population.

For further information see Chapter 9 of the National Commission for Justice & Peace's Human Rights Monitor 2002 - 2003.

The text of the Convention Against Torture can be found at http://www.unhchr.ch/html/menu3/b/h_cat39.htm or http://www.hrweb.org/legal/cat.html
 

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