Gilgit-Baltistan (Pakistan) : Baba Jan and Iftikhar Husaain sentenced to life imprisonment for the second time – for fighting for the rights of prisoners

Monday 3 November 2014, by AHRC

ASIAN HUMAN RIGHTS COMMISSION - URGENT APPEALS PROGRAMME

Urgent Appeal Update: AHRC-UAU-030-2014

03 November 2014

[RE: AHRC-UAU-029-2014: PAKISTAN: Call to immediately withdraw the sedition charges against the nine human rights defenders for holding a peaceful protest; AHRC-UAU-026-2014: PAKISTAN: Release with immediate effect, Baba Jan and other eleven human rights defenders, sentenced for life imprisonment by an anti-terrorism court; AHRC-UAC-070-2012: PAKISTAN: Human rights defenders were tortured during jail custody in Gilgit-Baltistan; AHRC-UAC-149-2011: PAKISTAN: The law minister of Gilgit-Baltistan produces fake FIR to still the protests against the killing of a father and son by police]

PAKISTAN: Baba Jan and Iftikhar Husaain sentenced to life imprisonment for the second time – for fighting for the rights of prisoners

ISSUES: Human rights defenders; illegal trial; justice system; torture; prisoners; peaceful protest

Dear friends,

The Asian Human Rights Commission (AHRC) has received updated information regarding the continuous persecution of human rights defenders in Gilgit and Baltistan, the occupied lands by Pakistan. Mr. Baba Jan and his associate Mr. Iftikhar Hussain were sentenced for the second time for life imprisonment by an Anti Terrorist Court (ATC) in Gilgit, the capital of Gilgit and Baltistan. The ATC sentenced them on the charges of instigating prisoners calling for the implementation of jail manuals whilst in detention in 2011 for two years.

The attitude of the State of Pakistan has always remained adamant and indifferent towards the occupied lands i.e. in Kashmir, Gigit Baltistan and Federally Administrated Tribal Areas, where extra judicial killings, arbitrary arrests and victimization of activists and torture is rampant. No questions are allowed to be asked, and accepting any voice of dissent is not allowed. Such, voices are blamed as being that of agents of foreign countries particularly as agents of India.

UPDATED INFORMATION:

Information received from Europe Solidaire Sans Frontières (ESSF) and Awami Workers Party state that Mr. Baba Jan and Mr. Iftekhar Hussain, both prominent human rights defenders from Gilgit Bltistan, have been again sentenced to life imprisonment for the second time in a row on the charges of instigating the jail inmates during their detention in 2011 to implement jail manuals.

According to information received, on October 29 Baba Jan and Mr. Hussain have been sentenced for second time for life imprisonment in just one month’s time. This is a continuous series of persecution of human rights defenders in the Gilgit and Baltistan provinces which does not come under the constitutional or any legal framework of the State of Pakistan. In this backdrop, the occupying force has no locus standi to arrest, try or sentence any locals for making demands for a better life, freedom or to protect the environment of the areas.

Baba Jan and 11 other human rights activists were previously sentenced to life imprisonment on 25 September 2014 by an Anti-Terrorism Court in Gilgit. The other nine activists including the president of Supreme Court Appellate Bench were booked on the charges of sedition under section 124 A of the Pakistan Penal Code (PPC) for holding a peaceful protest against the life imprisonment to 12 human rights defenders. Please see the above mentioned links of the relevant cases of persecution of human rights defenders in occupied land of Gilgit and Baltistan (For further details, please see: AHRC-UAU-029-2014).

In that instance, Baba Jan along with11 others were sentenced to life imprisonment after they led a mass movement in Hunza valley against killing of two persons a father and his son by a police firing squad in 2011. They also demanded just compensation for the families of the victims who were so killed and whose entire village was lost to them in the Atta Abbad lake disaster following the huge land slide that buried the village and blocked the path of the Kabul river.

This time around, Baba Jan and Iftikhar Hussain were charged with instigating prisoners in Gilgit Jail to protest against inhuman treatment of jail authorities while Baba Jan was in jail for two years in 2011.

Baba Jan led a movement of the prisoners to demand just treatment for all those in jail according to the procedures laid down in the Jail Manual. He demanded to be provided with healthy food, meat twice a week, milk, fresh bread and tea twice a day and other facilities which according the Manual the prisoners were entitled to. He also demanded proper health facilities and doctor’s visits to all prisoners on a regular basis.

After successful protest in the prison during 2011, which united for the first time Shia and Sunni prisoners, the jail authorities were forced to accept the demands and for weeks prisoners were provided food and health facilities according to the Jail Manuals. During this time, Baba Jan and Iftikhar Husain were framed in another case while they were in prison for instigating prisoners under terrorist laws.

Today, both these human rights defenders have been handed down life imprisonments for the second time in this case. Baba Jan is known as Bhaghat Singh of the valley. Bhaghat Singh, a freedom fighter against British colonial rule also led a movement for prisoner’s right to decent treatment. Baba Jan and Iftikhar are the first political prisoners in Pakistan and Gilgit Beltistan history who got a life imprisonment for standing up against the worsening conditions of prisoners in these provinces. He also led the peaceful movement in which no physical attacks were made on any prison officials,they merely refused to cooperate.

The attitude of the state of Pakistan always remained adamant and indifferent towards the occupied lands like Kashmir, Gigit Baltistan and Federally Administrated Tribal Areas, where extra judicial killings, arbitrary arrests and victimization of activists and torture are rampant. No questions can be raised and any voice of dissent is not allowed. Such voices are blamed as the agents of foreign countries particularly blamed as being agents of India.

ADDITIONAL INFORMATION

Gilgit-Biltistan (GB) is not part of Pakistan under any legal document! It’s not mentioned even in the Constitution of Pakistan as it’s part!

After the dispute over the Jammu and Kashmir between India and Pakistan in 1948, the United Nations allowed Pakistan to assume control over the Gilgit-Biltistan. The evidence to prove this fact is after that UN resolution, the UN stationed official representing the UN Military Observer Group for India and Pakistan in both Gilgit and Skardu cities.

Legally speaking, being an occupying power in the Gilgit-Biltistan, the Pakistan’s army, security agencies and bureaucracy are bound to observe all international laws including the relevant Geneva Conventions and fulfil their responsibilities and duties over this occupied land.

The responsibilities and duties of the occupying power are spelled out primarily in the 1907 Hague Regulations (arts 42-56) and the Fourth Geneva Convention (GC IV, art. 27-34 and 47-78), as well as in certain provisions of Additional Protocol and customary international humanitarian law.

Though several Pakistan human rights groups and some left groups are actively defending the human rights of the people of the Gilgit-Biltistan, they continue to believe the Pakistani Establishment’s distortion of facts that the status of the Gilgit-Biltistan has changed from an occupied area to an integrated “fifth province” of the country. Nothing could be far from the truth!

The legal and constitutional status of the Gilgit-Biltistan has yet to be determined in accordance with the UN resolution.

In this backdrop, the occupying force has no locus standi to arrest, try or sentence any local for making demands for a better life, freedom or to protect the environment of his areas.

Therefore, all charges, trial or conviction, if any person has been convicted, under anti-terror laws or sedition laws of Pakistan, must be declared unlawful ab initio.

Additionally, international human rights organisations are also duty-bound to actively run campaigns in order to put pressure on Pakistani authorities to stop harassing and violating the human rights of the people of the Gilgit-Biltistan.
(Saqlain Imam-socialist_pakistan_news yahoogroups.com)

SUGGESTED ACTION:

Please write the letters to the authorities calling them to withdraw all cases against the human rights defenders including Baba Jan, Iftikhar Hussain with immediate effect. Please also urge them to withdraw the sedition charges against the nine human rights defenders of Gilgit and Baltistan for holding a peaceful protest for the release of Baba Jan and other 11 activists who were sentenced to life imprisonment and against the misuse of the Anti-Terrorism Act in Gilgit Baltistan. Call upon them to stop harassing and violating the human rights of the people of the Gilgit-Biltistan.

Please draw their attention to the fact that the occupying force have no locus standi to arrest, try or sentence any local for making demands for a better life, freedom or to protect the environment of the areas. The jail authorities must be prosecuted for not following the jail manuals and depriving the prisoners of their rights in the prison. The Anti Terrorist Courts in the Gilgit and Baltistan must not be allowed to operate as the government of Pakistan does not have any authority in these occupied lands.

The AHRC will write a separate letter to the UN Special Rapporteur on the Situation of Human Rights Defenders calling for his intervention into this matter.

To support this appeal, please click here:

http://www.urgentappeals.net/support.php?ua=AHRC-UAU-030-2014

SAMPLE LETTER:

Dear ………………,

PAKISTAN: Baba Jan and Iftikhar Husaain sentenced to life imprisonment for the second time – for fighting for the rights of prisoners

Name of victims:
1. Mr. Baba Jan, son of Abdullah Baig, resident of Gilgit Baltistan
2. Mr. Iftikhar Hussain, son of Muhammad Ishaq, resident of Gilgit Baltistan
3. Mr. Irfan Ali, son of Arman Shah, resident of Gilgit Baltistan
4. Mr. Aleemullah Khan, son of Taighoon Shah, resident of Gilgit Baltistan
5. Mr. Sher Khan, son of Hamadullah Baig resident of Gilgit Baltistan
6. Mr. Rashied Minhas Anees, son of Abdul Mateen, resident of Gilgit Baltistan
7. Mr. Sarfaraz, son of Ghulam Musa, resident of Gilgit Baltistan
8. Mr. Musa Baig, son of Abdul Rehman resident of Gilgit Baltistan
9. Mr. Shukrullah Baig, son of Amanullah, resident of Gilgit Baltistan
10. Mr. Ahsan Ali, Advocate and President of Supreme Appellate Court Bar Association, Gilgit Baltistan
11. Mr. Israruddin Israr , Coordinator Human Rights Commission of Pakistan (HRCP),Gilgit
Baltistan
12. Mr. Muhammad Farooq, Coordinator International Human Rights observer, Gilgit Baltistan
13. Mr. Safdar Ali, Balawaristan National Front, Aziz Ahmed, Gilgit Baltistan
14. Mr. Kalamuddin, president of Pakistan Tehreek-e-Insaf, District Hunza/Nagar, Gilgit Baltistan
15. Mr. Faizan Mir, GB Students Federation, Gilgit Baltistan
16. Mr. Javed Rizwan, Progessive Youth Front, Gilgit Baltistan
17. Mr. Nader Hussain, a retired Colonel of the Pakistan Army and a nationalist leader based in Gilgit Baltistan

Names of alleged perpetrators:
Government of Gilgit and Baltistan
Date of incident: October 18, 2014
Place of incident: Gilgit Baltistan

I am writing to voice my deep concern regarding the continuous persecution of human rights defenders by the government of Gilgit and Baltistan for demanding the rights of the displaced persons by a land slide at Atta Abad Lake and rights of prisoners.

I am shocked to learn that Mr. Baba Jan and Iftikhar Hussain, the prominent human rights defenders and political workers of the Gilgit Baltistan, were again sentenced to life imprisonment by an Anti Terrorist Court on the charges of holding peaceful protest against the non- implementation of the Jail Manuals that have always remained under the corruption of jail authorities.

I have received information that that Mr. Baba Jan and Mr. Iftekhar Hussain, both prominent human rights defenders from Gilgit Bltistan, have been again sentenced to life imprisonment for the second time in a row on the charges of instigating the jail inmates during their detention in 2011 to implement jail manuals.

Accordingly on October 29 Baba Jan and Mr. Hussain have been sentenced for second time for life imprisonment in just one month’s time. This is a continuous series of persecution of human rights defenders in the Gilgit and Baltistan provinces which does not come under the constitutional or any legal framework of the State of Pakistan. In this backdrop, the occupying force has no locus standi to arrest, try or sentence any locals for making demands for a better life, freedom or to protect the environment of the areas.

Gilgit-Biltistan (GB) is not part of Pakistan under any legal document and is not referred to in the Constitution of Pakistan, as being part of Pakistan. After the dispute over the Jammu and Kashmir between India and Pakistan in 1948, the United Nations allowed Pakistan to assume control over the Gilgit-Biltistan. Evidence clearly shows, that following the UN resolution, the UN stationed official representing the UN Military Observer Group for India and Pakistan in both Gilgit and Skardu cities. Being an occupying power in the Gilgit-Biltistan, the Pakistan’s army, security agencies and bureaucracy are bound to observe all international laws including the relevant Geneva Conventions and fulfil their responsibilities and duties over this occupied land.

In this backdrop, the occupying force has no locus standi to arrest, try, nor sentence any local for making demands for a better life, freedom or to protect the environment of his areas.

Therefore, all charges, trial or conviction, if any person has been convicted, under anti-terror laws or sedition laws of Pakistan, must be declared unlawful, null and void.

In view of the above , I call on your good offices to take necessary action to withdraw all cases against the human rights defenders including Baba Jan, Iftikhar Hussain with immediate effect. I urge you to also withdraw the sedition charges against the nine human rights defenders of Gilgit and Baltistan for holding a peaceful protest for the release of Baba Jan and other 11 activists who were sentenced to life imprisonment and against the misuse of the Anti-Terrorism Act in Gilgit Baltistan. I call upon you to stop harassing and violating the human rights of the people of the Gilgit-Biltistan. Please draw their attention to the fact that the occupying force have no locus standi to arrest, try or sentence any local for making demands for a better life, freedom or to protect the environment of the areas. The jail authorities must be prosecuted for not following the jail manuals and depriving the prisoners of their rights in the prison. The Anti Terrorist Courts in the Gilgit and Baltistan must not be allowed to operate as the government of Pakistan does not have any authority in these occupied lands.

Yours sincerely,

PLEASE SEND YOUR LETTERS TO:

1. Mr. Mian Nawaz Sharif
Prime Minister
Prime Minister House
Islamabad
PAKISTAN
Fax: +92 51 922 1596
Tel: +92 51 920 6111
E-mail: secretary cabinet.gov.pk, or pspm pmsectt.gov.pk

2. Mr. Syed Mehdi Shah
Chief Minister of Gilgit Baltistan
Chief Minister’s Secretariat, Gilgit
PAKISTAN
Tel: +92-5811-920573
Fax: +92 5811 50-201
Email: info gilgitbaltistan.gov.pk

3. Mr. Tahir Shahbaz
Registrar
Supreme Court of Pakistan
Constitution Avenue, Islamabad
PAKISTAN
Fax: +92 51 9213452
Email: mail supremecourt.gov.pk

4. Mr. Pervez Rashid
Federal Minister
Ministry of Information & Broadcasting
4^th Floor, Cabinet Block,
Pak. Secretariat,
Islamabad, Pakistan.
Fax:92-51-9206399
Email: webmaster infopak.gov.pk, OR contact molaw.gov.pk

Thank you.

Urgent Appeals Programme
Asian Human Rights Commission (ua ahrc.asia)

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