The Human Rights Actions Network
www.derechos.org/human-rights/actions/
ACTION REQUEST
VIOLENCE AGAINST WOMEN
Case PAK 120499.1.VAW
Follow-up Case PAK 120499.VAW
Geneva, June 30 1999
The International Secretariat of OMCT has received new information on
the following situation in Pakistan.
Brief reminder of the situation
The International Secretariat of OMCT was gravely concerned over the
killing of Ms. Samia (or Saima) Sarwar, a 29 year old woman, mother of
two boys, by a gunman hired by her family. She was killed on 6 April
1999 in the offices her attorneysAsma Jahangir, United Nations Special
Rapporteur on Extrajudicial, Arbitrary and Summary Executions and her
sister Ms. Hina Jilani, a human rights advocate, in Lahore, Pakistan.
According to the information, Ms. Samia Sarwar, who lived in Peshawar
with her parents for four years after leaving her husband, fled to Lahore
after her family threatened to kill her if she tried to divorce her husband.
She was given shelter at Dastak, a organisation run by the legal aid team
headed by Ms. Hina Jillani and Ms. Asma Jahangir. Ms. Hina Jilani was
representing Ms. Samia Sarwar in her divorce procedure.
Following her escape, Ms. Samia Sarwar's family said they were prepared
to accept her divorce and she agreed to meet her mother (but no other
members of the family) in Ms Jilani's office so that they could give her
the appropriate papers. Her mother did not come alone as agreed, and
before the meeting began, the killer - a driver in the government
Education Directorate in Peshawar - drew out a pistol and shot Ms.
Samia Sarwar through the head. She died instantly. A shot fired at Ms.
Hina Jilani missed. The killer was shot dead by a security guard.
This murder was another in a series of so-called "honour killings" -
killing by family members to protect the "honour" of the family. Instead
of protecting the women, in many cases the police and the judiciary side
with the family and the killings often go unpunished. In addition, the
family of SamiaSarwar were apparently closely connected to the
government and the International Secretariat had serious grounds for
concern that these links might prejudice the investigation and
prosecution of those involved.
New Information
The International Secretariat of OMCT is gravely concerned over the
evolution of the above-mentioned case, particularly for possible
interference from the Lahore Police aimed at deterring a proper
investigation of the killing.
The original case regarding Samia's murder was filed by Hina Jilani,
Samia's lawyer, in Lahore. The FIR (First Information Report given to the
Police for registration of case) mentions as the accusedSamia's father,
mother,
uncle, murderer - who was killed in the same incident.
The case was registered on 6 April 1999. However, none of the accused
were arrested before Ghulam Sarwar (Samia's father) moved for bail on 29
April 1999.
To date, the police investigation report has not been submitted to the
authorities. One witness has changed his statement over and over again.
He has been constantly harassed. Other eye-witnesses are also being
constantly harassed.
In the first week of May, Hina Jilani filed a writ in the Lahore High Court
against the police for not submitting the investigation report. The police
filed an interim reply but so far there has been no progress.
In the second hearing of Hina's writ, held on 15 June 1999, the Crime
Investigation Agency (CIA) official submitted a written explanation of
the delays to the court, stating that the matter is complicated and that a
second case has been registered in Peshawar, and that the ballistic report
has not yet been received from the laboratory.
Indeed, on 11 May 1999 (44 days after the murder took place), Samia
Imran's father, Ghulam Sarwar, filed a second police case in the NWFP
province, accusing Hina Jilani and Asma Jehangir, amongst others, of
abducting Samia with intent to murder.
On 15 June 1999, the Peshawar High Court accepted to hear Hina Jilani's
writ to quash the second case and ordered the Frontier Police not to take
any adverse action on the basis of the FIR. It is alleged, however, that
the Lahore Investigating Officer seems to fully support the accused.
Action requested
Please write to the authorities of Pakistan urging them to
i. guarantee an impartial and exhaustive inquiry into the murder of
Ms. SamiaSarwar and the allegations concerning the alleged
police action to turn the investigation in favour of the accused,
bring those responsible before a competent and impartial tribunal
and apply the penal, civil and/or administrative sanctions
provided by law;
ii. take effective measures to stop harassment of witnesses and
guarantee that they be able to give free affidavits on the case;
iii.publicly condemn such "honour killings", and all other forms of
violence against women and ensure all human rights of women as
guaranteed in the Convention on the Elimination of All Forms of
Discrimination Against Women, the Declaration on the
Elimination of Violence Against Women and other human rights
instruments;
iv. ensure in all circumstances respect for human rights and
fundamental freedoms in accordance with national laws and
international human rights standards.
Addresses
President Rafiq Tarar, Office of the President, Islamabad, Pakistan. Fax +
92 51 920 40 67/921 10 18
Prime Minister Nawaz Sharif, Office of the Prime Minister, Islamabad,
Pakistan.
Fax + 92 51 920 88 90/920 15 45
Chief Minister Punjab, Lahore, Pakistan , Fax+92-42 921-0707
Inspector General Police, Punjab, Pakistan, Fax +92-42 921-0064
Senior Superintendent Police, Lahore, Pakistan, Fax +92-42 921-1553
Pakistan Permanent Mission to the United Nations in Geneva, Fax 0041
22 734 80 85
The Embassy of Pakistan in your respective countries.
