Pakistan: The Uzma Ayub Rape Case

AHRC-STM-204-2011
December 15, 2011

A Statement from the Asian Human Rights Commission

Pakistan: The Uzma Ayub Rape Case--Justice Is Not As Important As The Honour And Prestige Of The Judiciary

PESHAWAR, Dec 13: In the case of the murder of the brother of a teenage pregnant girl, the Peshawar High Court Khyber Pakhtunkha province took a Suo Motu notice and directed the provincial home secretary and the Provincial Police Officer (PPO) ordering them to ensure the arrest of the accused within three days and the immediate suspension of the relevant District Police Officer (DPO), the highest police officer of the district.

The court also took great exception to the policemen's rally against the judiciary and for their three colleagues arrested over the girl's alleged abduction and gang rape, and directed the Deputy Inspector General of police (DIG), investigating to visit Karak district, hold an inquiry into the incident and submit a report within 10 days.

The court's action of Sou Moto came after the report that before the murder of Alamzeb, the brother of the rape victim Uzma Ayub, the police in Takhte Nusrati Tehsil (town) held a protest rally against the judiciary and within a couple of hours her brother was murdered in the court premises. After the action from the High Court the provincial police became active and started hot pursuit against the killers and the police involved in the murder and rape of the victim.

It was evident that before the judiciary was attacked by the police and the perpetrators things were going on in a routine manner. That is to say: nothing was being done. Subsequently the brother of the rape victim was killed. He was a young man who was desperate to obtain justice for his sister but failed to get justice for himself. The entire police of the province have a nexus with the perpetrators and was failing to provide protection to the victim and her family. The family was continuously reporting the threats they were facing from the local police, Taliban and local leaders of the ruling parties. Even in the court the perpetrators had said that they wanted to settle out of court and the court allowed their request despite the fact that a request to settle out of court is a confession of the crime to avoid the judicial process through threats and intimidation. This was allowed to be done as up until that point in time the court had not been targeted by the perpetrators, the police and the army man.

The court adjourned the case up to December 10 and the brother of the victim was killed in the court premises with an official pistol. The irony is that the court did not take the murder that occurred within the court premises seriously but rather took more notice of the protest rally of the policemen, treating it as a matter of the honour of the judiciary. The killing of the victim was just a cover up issue to twist the arms of the police.

The courts, police and provincial government were well aware that four days before the killing, the rape victim, Uzma Ayub, had rejected an out-of-court deal offered by the accused police officers. On December 6, she had claimed that about 30 -- 40 elders from ASI Hakeem Khan's area Gudikhel, including Shah Abdul Aziz, a member of provincial assembly had come to her house on December 2 and told her brother Alamzeb that Hakeem Khan, Pir Mohsin Shah and Ameer Khan had confessed to their crime before them and were ready to accept the aggrieved family's demands. The rape victim was receiving threatening calls from the police officials and Taliban to withdraw the case against the police officials and soldier. A call from Sub inspector Hakeem Khan from jail was also received by the victim in whom he categorically warned the mother of the victims saying that "I am anyway in jail, but soon Bilqees Begum (Uzma's mother) will receive a gift from me."

These things had never bothered the judicial officers to activate the law of the land.

The silence from the provincial government is conspicuous on the illegal protest rally of the police and yet no action has been taken by the government. According to the law and police order 2002 amended in 2006:

The police is not allowed to hold any demonstration, procession or strike or resorts to or in any way abet any form of strike or coercion or physical duress to force any authority to concede anything, shall, on conviction, for every such offence be punished with imprisonment for a term which may extend to three years and with fine.

With the provincial government's indifferent attitude towards the events involved in Uzma's case It looks as if the government is either not aware of the law or ignoring the illegal demonstration by avoiding action against the police. The government was well aware of the activities of assistant sub inspector Hakeem Khan, the main accused in the rape case of Uzma, who is hired by powerful persons for illegal arrest, kidnapping for ransom and killing. It is also alleged that members of the provincial assembly also take the help of Hakim Khan to silence their opposition.

It is now hoped that as the judiciary has been targeted by the police and also by the perpetrators the rape victim will get justice. The provincial police have taken action against some police officials of the Karak district that was still threatening the victim's family.

The High Court and provincial government have still not done anything against the soldier, Naseeb Ullah Khan, who kept Uzma for one year in the cantonment area of the Quetta, capital of Balochistan province, where she was repeatedly raped under his custody. The army has used its good services to silence the media and the local authorities. The courts are also avoiding issuing orders for the arrest of the soldier.

The human right organizations in the country are hoping that courts will perform their duty and treat every citizen equally under the law of the land. It is also hoped that they will now order the arrest of the soldier, Naseeb Ullah Khan.

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About AHRC: The Asian Human Rights Commission is a regional non-governmental organisation that monitors human rights in Asia, documents violations and advocates for justice and institutional reform to ensure the protection and promotion of these rights. The Hong Kong-based group was founded in 1984.

ENDS

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