Summary
Mr. Javed
Hashmi, a leader of the opposition party, Pakistan Muslim
League-Nawaz (PML-N), has been detained since 29 October
2003, for allegedly defaming the Pakistan army; Mr.
Hashmi denies this. He was denied access to a lawyer or
to meet his family and was only formally charged with
treason on 24 January 2004. His on-going trial, a closed-door
hearing, started on 7 February.
Local sources reported that he was tortured in detention,
that the conduct of the police and the manner of his
detention violated his legal rights. It was also reported
that he has not been provided medical facilities which
doctors had advised. Human rights organizations and
political parties believe that the case is politically-motivated
and are demanding his release.
According to Human Rights Watch, since the military coup
that brought President Pervez Musharraf to power in 1999,
one of the most pressing human rights abuses concerns
political opponents. Political detentions are becoming a
part of the political culture in the country.
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Background
Mr. Javed
Hashmi, president of Alliance for the Restoration of
Democracy (ARD), acting president of the opposition
Pakistan Muslim League-Nawaz (PML-N), and a member of the
National Assembly, was arrested for allegedly defaming
the Pakistan army by forging a letter using army
stationery. Although Mr. Hashmi claimed in a press
conference that he received the letter by post from an
unknown sender, he was arrested a few days after. He was
detained incommunicado and was later charged with 8
offences* including sedition and defamation. He is
currently detained in Adyala jail in Rawalpindi, where
his trial, which began on 7 February 2004, is being
carried out.
A wide range of human rights obligations guaranteed in
the Constitution of Pakistan, Pakistan law and
international law have been violated. The Pakistan
Constitution, for example, guarantees the right to
freedom of association (Art. 17) and freedom of
expression (Art. 19). Article 10 also states that every
detainee has the right to be informed of the charges
against him or her, to consult and be defended by a
lawyer of his or her choice and be brought before a
magistrate within 24 hours of arrest. Harassment, arrest
and incommunicado detention of anyone expressing
different opinions from the government policies violate
these rights.
Human Rights Watch executive director, Mr Brad Adams,
speaking at a press conference on 31 January 2004,
expressed concern over the state of human rights in
Pakistan, particularly about the deteriorating rule of
law, government's increasing intolerance of press
freedom, arbitrary arrests and disregard for the due
process of law.
Torture and Arbitrary Arrests of Dissidents and
Political Opponents
Given the widespread use of torture and other cruel,
inhuman and degrading treatment in places of detention in
Pakistan, Amnesty International has expressed fear for
the life and safety of detainees. Those being held
incommunicado are particularly at risk of torture and ill-treatment.
Basic civil and political rights of suspects are also
ignored.
According to the Human Rights Watch, torture is used in
Pakistan by military agencies primarily to "punish"
politicians, political activists, and journalists who
challenge the government's actions. Torture by the
military usually takes place after the victim has been
abducted, to frighten victims into changing their
political stance or loyalties or at least to cease
criticizing the military authorities.
Rights groups have raised the case of the detention and
torture of Mr. Rana Sanaullah Khan, an opposition
legislator who was whipped, beaten, held incommunicado,
and interrogated for a week in police custody before
eventually being released in November 1999.
In the case of Mr. Hashmi, an opposition leader, the
Human Rights Commission of Pakistan has said that the
arrest, and the levelling of an extraordinary set of
charges against him, falls in line with the increasingly
obvious official policy of harassing opposition
politicians, political activists and other dissidents.
In a statement issued by the Commission, the manner in
which Mr. Hashmi was taken into custody, after being
forcibly dragged out of his car, and the planned campaign
of intimidation by security agency operatives that had
preceded this, suggests a deliberate policy targetting
those who speak out against the military's continued
dominance over national affairs.
Mr Adams of Human Rights Watch has expressed concern over
the denial of transparent trial to Mr. Javed Hashmi.
"I would not like to comment whether he is guilty of
the charges that have been levelled against him, but a
trial in prison is no trial," he said. "It's a
mockery of justice."
The multiple complaints received by the Human Rights
Commission of Pakistan in 2003, of harassment and
intimidation by agencies mocks the government's claims to
the restoration of democracy and civilian government. The
failure to punish those responsible for such actions will
only worsen the situation.
Responses of Local Groups
The issue of Mr. Hashmi is a cause of concern in Pakistan.
Campaigns and protests were held for his release. In
November 2003, leaders of the Alliance for Restoration of
Democracy (ARD), the largest opposition alliance, and the
Muttahida Majlis-e-Amal, pressured the government to
release Mr. Javed Hashmi and former prime minister
Benazir Bhutto's husband, Mr. Asif Ali Zardari (he has
been kept in jail since 1996 although no cases have yet
been proved after more than 7 years of trial, and he is
still being refused release on bail), as well as other
political prisoners. They have planned to hold large-scale
protests in all major cities.
In early January 2004, Ms. Maimoona Hashmi, daughter of
Mr. Javed Hashmi, asked human rights organizations to
take notice of Mr Hashmi's arrest and highlight the case
at international forums and media to expose the "real
face of democracy in the country".
* Charges under the Pakistan Penal Code (PPC):
Section 119: Public servant concealing design to
commit offence which it is his duty to prevent;
Section 131: Abetting mutiny or attempting to
seduce a soldier, sailor or airman from his duty;
Section 124-A: Sedition;
Section 468: Forgery for the purpose of cheating;
Section 469: Forgery for the purpose of harming
reputation; Section 471: Using as genunie a forged
document;
Section 500: Punishment for defamantion; and
Section 505: Statements conducing public mischief.
Sources:
Human Rights Watch, Amnesty International,
Human Rights Commission of Pakistan,
Hotline Pakistan,
South China Morning Post, The Dawn, The News, Daily Times
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