Thursday, February 16, 2012

ISPR Rejects Human Rights Watch Report

ISPR Rejects Human Rights Watch Report



Human Rights Watch (HRW) Report on
Judicial Commission on Saleem Shehzad Murder Case Not Correct


A spokesman of ISPR said that the press release issued by HRW New York on January 30th, 2012 has been found to be extremely derogatory, biased and contradictory in terms. In one stroke Mr Brad Adams has discredited the Judicial Commission that investigated Saleem Shehzad's alleged murder, demonized the ISI and castigated the Government of Pakistan, going on to suggest a darker destination of evidence if pursued again. It is unclear where Mr Adams forms opinions like these from but one thing is evident that his thought process and ability to logically analyze a given situation suffers from serious bias.
The spokesman added that the Judicial Commission in question was headed by a very honourable Judge of the same Supreme Court of Pakistan which is highly respected for its integrity and courage of conviction. It is not without reason that the Supreme Court of Pakistan is the guarantor of the rule of law and the architect of constitutional future of our country. To expect the Judicial Commission probing Saleem Shehzad's alleged murder headed by Honourable Justice Saqib Nisar, to spare or shy away form the so called 'culpable ISI' is not only disrespectful but also out of character of the Honourable Court. HRW should visit the Supreme Court website to see what kind of historic and hitherto unheard of court actions have been initiated by the apex court regarding ISI / intelligence agencies and the unprecedented obedience / compliance they have readily commanded.
Spokesman further said that Brad Adams may have his head buried deep in sand and HRW may be choking under heaps of bias but it is quite apparent that such diatribe is exceptionally disparaging despite an ' extensive examination -------' by the Commission, to quote HRW press release. It raises serious questions on the partisan nature of HRW and Brad Adam's objectivity.
Spokesman said we would seriously urge HRW to read the Report of the Commission of Enquiry into the incident and see facts as they are. Some relevant reference can be found in the statement of Saleem Shehzad's very close friend Mr Zafar Mehmood Sheikh (CW 12) on pages 30 to 35, Judicial Commission's remarks about ISI's compliance and detailed testimony on pages 58, 59 and 66 (Admiral Adnan Nazir's, testimony before the Commission), regarding none of the witnesses / documents being able to 'point a finger towards anyone' on page 86 and about the unsubstantiated accusations of heavy handedness against journalists and the Commission's remarks on page 89.
Any involvement of ISI in Mr Saleem Sehzad's alleged murder is categorically denied. It is maintained that:-
a. The allegations levelled against ISI are baseless ab-initio. They are untenable both by evidence and logic.
b. Judicial Commission probing murder case had complete freedom of action and ISI spared no effort to cooperate and comply with all their requirements.
c. The press release in question is part of a well orchestrated and sinister media campaign, in which, HRW and the likes of Brad Adams and Ali Dayan Hassan may have been unwittingly drawn into.
d. With this press release, HRW appears to have seriously jeopardized the bipartisan and objective nature of its work.
It will be in fitness of things to expect HRW to withdraw this biased statement, Spokesman concluded.

Pakistan: Shahzad Commission Results Marred by Free Ride for ISI

Government has to Take on Military and Intelligence Services and end Impunity
January 30, 2012
Syed Saleem Shahzad
The commission's failure to get to the bottom of the Shahzad killing illustrates the ability of the ISI to remain beyond the reach of Pakistan's criminal justice system. The government still has the responsibility to identify those responsible for Shahzad's death and hold them accountable, no matter where the evidence leads.
Brad Adams, Asia director at Human Rights Watch
(New York) – The Pakistani government should redouble efforts to find the killers of the journalist Saleem Shahzad, following the failure of the judicial inquiry commission to identify those responsible, Human Rights Watch said today. The commission concluded in its January 10, 2012 report to the government that the police failed to question Pakistan's military intelligence officials in its criminal investigation.

Shahzad, a reporter for the Hong Kong-based Asia Times Online and for Adnkronos International, the Italian news agency, disappeared from central Islamabad on the evening of May 29, 2011. His body, bearing visible signs of torture, was discovered on May 31, near Mandi Bahauddin, 130 kilometers southeast of the capital. The circumstances of the abduction raised concerns that the military's feared Inter-Services Intelligence (ISI) agency was responsible. In June 2011, the Supreme Court, at the request of the government, instituted a commission of inquiry into the killing.

"The commission's failure to get to the bottom of the Shahzad killing illustrates the ability of the ISI to remain beyond the reach of Pakistan's criminal justice system," said Brad Adams, Asia director at Human Rights Watch. "The government still has the responsibility to identify those responsible for Shahzad's death and hold them accountable, no matter where the evidence leads."

The ISI has a long and well-documented history of abductions, torture, and extrajudicial killings of critics of the military and others. Those abducted are routinely beaten and threatened, their relatives told not to worry or complain as release was imminent, and then released with the threat of further abuse if the ordeal is made public. Pakistani and international human rights organizations, including Human Rights Watch, have extensively documented the ISI's intimidation, torture, enforced disappearances, and killings, including of many journalists.

The five-member commission, which included two judges, two senior police officers, and one journalist, convened on June 21, 2011. Over six months it interviewed 41 witnesses, including Shahzad's family members, journalists, senior ISI officials, and others. It also conducted an extensive examination of documents, including relevant emails, telephone records, and investigation reports, as well as reports by previous similar commissions.

Among those interviewed were Ali Dayan Hasan of Human Rights Watch and Hameed Haroon, president of the All Pakistan Newspaper Society (APNS) and publisher of the Dawn Group. Each had received emails from Shahzad in 2010 complaining of threats by ISI agents for his reporting on links between the ISI and al-Qaeda. On October 19, 2010, Shahzad sent an email to Human Rights Watch outlining his meeting with the ISI and asking for the email to be released "in case something happens to me or my family in future." Shahzad sent the same email and information about other threats to Haroon, and to colleagues at Asia Times Online.

ISI officials maintained to the commission that Shahzad had cordial relations with them until shortly before his killing. Despite strong indications of ISI involvement, the commission concluded that the Pakistani state, militant groups including the Taliban and al-Qaeda, and unnamed 'foreign actors' could all have had a motive to kill Shahzad on the basis of his writings.

"The commission appeared fearful of confronting the ISI over Shahzad's death," said Adams. "Shahzad had made it clear to Human Rights Watch that should he be killed, the ISI should be considered the principal suspect. He had not indicated he was afraid of being killed by militant groups or anybody else."

Human Rights Watch said that the investigation's weakness was exemplified by the failure to interview another journalist, Umar Cheema, who was abducted, tortured, and then dumped 120 kilometers from his residence in Islamabad in September 2010. Cheema alleged that his abductors were from Pakistan's intelligence agencies. It is inexplicable that the commission failed to seek Cheema's testimony despite his very public allegations against the ISI and repeated offers to testify before the commission, Human Rights Watch said.

"At great personal risk, scores of journalists, human rights activists, and others presented themselves before the commission to offer accounts of ISI and military involvement in human rights abuses," Adams said. "The commission repaid this courage by muddying the waters and suggesting that just about anyone could have killed Shahzad."

The commission's recommendation that all intelligence agencies should be made accountable through "parliamentary oversight" and judicial redress should be promptly implemented by the government through appropriate legislation, Human Rights Watch said. The commission also recommended that "the balance between secrecy and accountability in the conduct of intelligence gathering be appropriately re-adjusted" and a "statutory framework carefully outlining their respective mandates and role" be developed. It also urged that the intelligence agencies' "interaction with the media be carefully institutionally streamlined and regularly documented."

"ISI abuses will only stop if it is subject to the rule of law, civilian oversight, and public accountability," Adams said. "It is the government's duty to insist on such accountability and the military's duty to submit to it. The ISI needs to stop acting as a state within a state."

Human Rights Watch expressed grave concern that the commission found it appropriate to recommend that the "press be made more law-abiding and accountable through the strengthening of institutions mandated by law to deal with legitimate grievances against it.

"It is perverse to use an investigation into the killing of a journalist as a way of limiting press freedom," said Adams.

Pakistan remains one of the most dangerous countries in the world for journalists. At least 10 journalists, including Shahzad, were killed in 2011. In January 2011, a Geo TV reporter, Wali Khan Babar, was fatally shot in Karachi shortly after covering gang violence in the city. In May, the president of the Tribal Union of Journalists, Nasrullah Khan Afridi, was killed when his car blew up in Peshawar; the provincial information minister described the act as a "targeted killing by the Taliban."

In August, two men on a motorcycle shot to death an Online News Agency reporter, Munir Ahmed Shakir, after he covered a demonstration by Baloch nationalists in the Khuzdar district of Balochistan. In November, the body of Javed Naseer Rind, a sub-editor with the Urdu-language Daily Tawar, was found with torture marks and gunshot wounds in Khuzdar town. On January 17, 2012, Mukarram Khan Atif, a reporter for the Voice of America, was killed by the Taliban in the Charsadda district of Khyber Pakhtunkhwa province.

Brig. Gen. Zahid Mehmood of the ISI told the commission that the ISI/ISPR (Inter Services Public Relations) and other agencies "should stop patronising and protecting 'favorite' journalists." Government payoffs to journalists not only distorts the news reaching the public, but the withdrawal of such patronage and "protection" can result in threats and violence, said journalists who spoke to the commission. Human Rights Watch called on the government to pass legislation to prohibit the country's security and intelligence agencies to end the practice of the ISI and other agencies planting agents in media organizations or providing secret payments to journalists to write or not write stories.

"Journalists are under attack from all directions in Pakistan, including by the military," said Adams. "This murderous free-for-all will only end when the government can protect journalists from militants and its own intelligence agencies. Arresting the killers is the best way to do that."

Demonstration in front of Pakistan's Supreme Court by relatives of "disappeared" persons from Balochistan province, January 5, 2010

Pakistan: Security Forces 'Disappear' Opponents in Balochistan
Government Fails to Confront Military, Intelligence Agencies on Abuses
July 28, 2011

Pakistan's security forces are engaging in an abusive free-for-all in Balochistan as Baloch nationalists and suspected militants 'disappear,' and in many cases are executed. The national government has done little to end the carnage in Balochistan, calling into question its willingness or ability to control the military and intelligence agencies."
Brad Adams, Asia director
(New York) – Pakistan's government should immediately end widespread disappearances of suspected militants and activists by the military, intelligence agencies, and the paramilitary Frontier Corps in the southwestern province of Balochistan, Human Rights Watch said in a report released today. Several of those "disappeared" were among the dozens of people extrajudicially executed in recent months in the resource-rich and violence-wracked province.
The 132-page report, "'We Can Torture, Kill, or Keep You for Years': Enforced Disappearances by Pakistan Security Forces in Balochistan," documents dozens of enforced disappearances,in which the authorities take people into custody and then deny all responsibility or knowledge of their fate or whereabouts. The report details 45 alleged cases of enforced disappearances, the majority in 2009 and 2010. While hundreds of people have been forcibly disappeared in Balochistan since 2005, dozens of new enforced disappearances have occurred since Pakistan returned to civilian rule in 2008.
"Pakistan's security forces are engaging in an abusive free-for-all in Balochistan as Baloch nationalists and suspected militants 'disappear,' and in many cases are executed," said Brad Adams, Asia director at Human Rights Watch. "The national government has done little to end the carnage in Balochistan, calling into question its willingness or ability to control the military and intelligence agencies."
The report is based on over 100 interviews by Human Rights Watch in Balochistan in 2010 and 2011 with family members of "disappeared" people, former detainees, local human rights activists, lawyers, and witnesses to government abductions.
Human Rights Watch investigated several cases in which uniformed personnel of the Frontier Corps, an Interior Ministry paramilitary force, and the police were involved in abducting Baloch nationalists and suspected militants. In others cases, witnesses typically referred to abductors as being from "the agencies," a term commonly used to describe the intelligence agencies, including the military Directorate for Inter-Services Intelligence (ISI), Military Intellilgence, and the civilian Intelligence Bureau.
In all the cases Human Rights Watch documented, the security forces never identified themselves, nor explained the basis for the arrest or where they were taking the person. In many cases, the person being arrested was beaten and dragged handcuffed and blindfolded into the security forces' vehicles. Withoutexception in the cases Human Rights Watch investigated, released detainees and relatives able to obtain information reported torture and ill-treatment of detainees. Methods of torture included beatings, often with sticks or leather belts, hanging detainees upside down, and prolonged food and sleep deprivation.
In some cases relatives told Human Rights Watch that senior government officials, including the Balochistan chief minister, Nawab Aslam Raisani, had freely admitted that intelligence personnel were responsible for the disappearance but expressed an inability to hold the abductors accountable.
Those targeted for enforced disappearance were primarily Baloch nationalist activists or suspected Baloch militants.In several cases, people appeared to have been targeted because of their tribal affiliation, especially when a particular tribe, such as the Bugti or Mengal, was involved in fighting Pakistan's armed forces.
Little information is available about what happens to people who are forcibly disappeared. Some have been held in unacknowledged detention in facilities run by the Frontier Corps and the intelligence agencies, such as at the Kuli camp, a military base in Quetta, the provincial capital of Balochistan.
"Pakistani security services are brazenly disappearing, torturing, and often killing people because of suspected ties to the Baloch nationalist movement," Adams said. "This is not counterinsurgency – it is barbarism and it needs to end now."
The number of enforced disappearances by Pakistan's security forces in recent years remains unknown, Human Rights Watch said. Figures provided by senior officials are grossly inconsistent, and these officials have provided no explanation about how they were reached. In 2008, Interior Minister Rehman Malik said there had been at least 1,100 victims of these disappearances in Balochistan.In January 2011, Balochistan's home minister, Mir Zafrullah Zehri, told provincial legislators that only 55 people were considered missing.
There is increasing evidence to suggest that many of the "disappeared" have been extrajudicially executed while in government custody. Human Rights Watch has recently reported on the killing of at least 150 people across Balochistan since January in acts widely referred to as "kill and dump" operations for which Pakistani security forces may be responsible. Assailants have also carried out targeted killings of opposition leaders and activists. Human Rights Watch reiterated its call to the Pakistan government to end these abuses immediately.
Armed militant groups in Balochistan are responsible for killing many civilians and destroying private property. In the past several years, they have increasingly targeted non-Baloch civilians and their businesses, police stations, and major gas installations and infrastructure. They have also attacked security forces and military bases throughout the province. Human Rights Watch documents abuses by Balochistan militants in a December 2010 report, "Their Future is at Stake."
Under international law, enforced disappearances are considered a continuing offense, one that is ongoing so long as the state conceals the fate or the whereabouts of the victim.
"President Asif Ali Zardari should realize that the disturbing reality of wanton and widespread abuse in Balochistan cannot be wished away," Adams said. "All Pakistanis will pay the price if the government fails to protect Balochistan's population from heinous abuses at the hands of the Pakistani military."
Background
Balochistan has historically had a tense relationship with Pakistan's government, in large part due to issues of provincial autonomy, control of mineral resources and exploration, and a consequent sense of deprivation. During the rule of Gen. Pervez Musharraf, from 1999 to 2008, the situation deteriorated markedly. Two assassination attempts on Musharraf, in 2005 and 2006 during visits to Balochistan, resulted in a crackdown on Baloch nationalists by the armed forces and Military Intelligence, the military's lead intelligence agency in the province. The recent surge in killings and ongoing enforced disappearances can be traced to the 2006 assassination of the prominent Baloch tribal leader Nawab Akbar Khan Bugti and 35 of his close followers, and the murders of three well known Baloch politicians in April 2009 by assailants believed to be linked to the Pakistan military.
Since 2005, Pakistani and international human rights organizations have recorded numerous serious human rights violations by security forces, including extrajudicial executions, torture, enforced disappearances, forced displacement, and excessive use of force against protesters.
Cases From "'We Can Torture, Kill, or Keep You for Years'": Enforced Disappearances by Pakistan Security Forces in Balochistan:
Account of "Rahim" (not his real name), who was held in acknowledged custody until his release:
First, they bound my arms behind my back, and then they threw me on the ground face down and someone sat on my back. Whenever they asked me a question, the interrogators pulled my head back by grabbing my hair and kept asking, "Who are you? Why have you come here to Quetta?"

I explained that I was a farmer in Awaran [district of Balochistan], and they also asked about my family, and about Dr. Naseem and Ilyas [Baloch nationalist activists]. When I told them that they were my friends, they screamed, "You are lying to us! Dr. Naseem is a separatist. Tell us what Naseem is doing. Why is he involved in separatism?"

They beat me all over my body and on the soles of my feet with their fists and feet. They hit me for around one to two hours continuously in the morning, then again in the evening. At night they would not let me sleep or lie down, I was forced to stand. If I started to fall asleep they would hit me on the back and shoulders to keep me awake.

Enforced Disappearance of Din Mohammad Baloch
On June 29, 2009, Din Mohammad Baloch, age 40, a physician, was on a night shift at a small medical clinic in the Ornach area of Khuzdar district.
A staff member, "Bukhtiar" (not his real name), was also in the clinic. He told Baloch's family that at around 2:30 a.m. seven men entered the clinic. A few of them tied Bukhtiar up and locked him in a room, while the others went into Baloch's office. It was dark, Bukhtiar said, and he could not see the men clearly or determine whether they were wearing uniforms. Bukhtiar said he could hear loud noises that sounded like a scuffle between Baloch and the men, and then he heard the men dragging Baloch out.
When Bukhtiar finally freed himself around 30 minutes later, he informed Baloch's family. The family went to the local police station, but the police refused to lodge a criminal complaint, known as a First Information Report (FIR), offering no explanation. Two days later the police lodged the report, based on an interview with Bukhtiar. It said Baloch was taken by unknown men.
Several months later, local newspapers reported that the Frontier Corps had arrested Baloch and two others in connection with an armed attack on the Frontier Corps on August 14, 2009, nearly two months after Baloch was abducted. Baloch's brother spoke to the author of the article, who told him that the information came from the Special Branch of the Police, the intelligence arm of the Balochistan Police Service. However, government authorities have not officially confirmed that Baloch is in Frontiers Corps custody or specified the charges against him.
Baloch's family told Human Rights Watch they believed Baloch had been abducted by intelligence agencies because he was a senior member of the Baloch National Movement. Baloch's brother said that he had met with the chief minister of Balochistan, Nawab Mohammad Aslam Raisani, on July 15 and in August 2009. On the latter occasion the chief minister told him that Baloch was in the custody of the intelligence agencies, but did not specify which one. Human Rights Watch wrote to Chief Minister Raisani seeking confirmation that he had made these allegations, but received no response.
A lawyer acting on behalf of Baloch's family filed a petition regarding Baloch's "disappearance" with the Balochistan High Court on July 4, 2009. On May 27, 2010, the court ordered police to locate him, with the presiding judge saying that they should "do everything" needed to find him. But the court has had no further hearings in the case.
The Voice for Baloch Missing Persons, a local Baloch nongovernmental organization, filed a separate petition on Baloch's disappearance with the Pakistan Supreme Court. In June 2010, the Supreme Court told Baloch's lawyers that the ISI had reported to the court that Baloch was not in their custody but was being held by the chief of the Mangal tribe. However, the ISI did not provide any further details about these claims to the court, and the court did not share their submissions with Baloch's lawyers.
The family has not been able to obtain any further information about Baloch's fate or whereabouts.

Enforced Disappearance of Mir Abdul Waheed Resani Baloch
Over the last 15 years, Pakistani security forces have detained Mir Abdul Waheed Resani Baloch, 45, a senior member of the Balochistan Republican Party (BRP) central committee, numerous times. He was held in Frontier Corps jails in Mastung and in Quetta.
On January 2, 2010, a court in Khozdar ordered Baloch released after a 10-month detention in Khozdar central jail. However, within minutes of his release, the police picked him up again in the street in front of multiple witnesses. The police took him to Mastung police station, where he tried to speak to the news media.
A relative of Baloch told Human Rights Watch that a senior police officer interrupted Baloch, announced that he would like to "talk to Baloch in private," and took him to another room. The relative told Human Rights Watch:

We waited for about 10 minutes and then asked about him. The officer came back and said, "Sorry, we had to transfer him somewhere and we cannot tell you where, so you should all leave." We waited for about six hours, and then left. The same day, officers from the [police] anti-terrorist unit came to our house, claiming they were looking for him. They pretended he had escaped from custody. Of course, they knew he was not there, and instead of looking for him they just looted our house, taking away money, jewelry, mobile phones, and expensive clothes.

On January 4, Baloch's relatives went to the police, who denied having any knowledge of his whereabouts. They accepted an FIR, which simply said that Baloch was "missing." Three days later the family filed a petition with the Balochistan High Court. The court sent inquiries to the chief minister, home minister, and inspector-general of the police. Their representatives, who appeared in court, denied having any knowledge of Baloch's whereabouts and claimed they were looking for him.
Baloch's relatives said that after his forced disappearance, Chief Minister Aslam Raisani temporarily suspended the district police officers (DPOs) for Mastung and Much because the Mastung DPO allegedly had handed Baloch over to the Much DPO. A month later, however, both officers were reinstated.
Baloch's fate and whereabouts remain unknown.
Enforced Disappearances of Mazhar Khan and Abdul Rasool
At around 10 p.m. on December 19, 2009, a group of armed men abducted Mazar Khan, 21, and Abdul Rasool, 26, from Khan's house near Kili Station in Noshki district.
A witness to the abduction told Human Rights Watch that seven men in civilian clothes, their faces covered with scarves, broke down the gate to Khan's house and burst in, firing their pistols in the air. The witness said Rasool resisted and one of the men hit him on the temple with his pistol butt, but Khan did not resist. The assailants tied the men's wrists and ankles and blindfolded them. Then they dragged the victims outside, put them into one of their three pickup trucks, and drove away.
The next day, relatives of Khan and Rasool reported the abductions to police at Kili Station.
"The police said they cannot do anything about kidnappings," one of Khan's relatives told Human Rights Watch.
In mid-February 2010, Rasool was released by his captors. He told Human Rights Watch about his ordeal:
On the day of the abduction, after travelling for 15 to 20 minutes by car, it stopped and I was dragged outside and into a room. I don't remember anything about the building I was in because I was still blindfolded. But after whoever brought me in had left, I removed my blindfold and saw that I was alone in a small, dark room. I had no idea where Mazhar was.
Rasool said that soon after he had been brought in, some men entered the room and asked him if he was involved in Baloch political activities. They kept him in this room for a month and 25 days, and then moved him to another location, a three-hour drive away. They kept him there for another five days. Then at night the captors put Rasool into a vehicle, blindfolded and handcuffed. They drove for a few hours. His captors stopped the car, removed Rasool, still blindfolded and handcuffed, and told him he was being released on Chaman Road on the outskirts of Quetta and then drove off.
Fearful of being abducted again, Rasool did not approach government authorities about his disappearance. But Khan's family filed an application for a first report with police in Noshki on February 17, 2010. Although the police registered the FIR, it only stated that Khan was a missing person and made no mention of the circumstances of his abduction. On February 21, relatives of both men filed a statement about the abductions with the Balochistan High Court. The next day, relatives of Khan and Rasool met representatives of the Balochistan Home and Tribal Affairs Ministry, who said they would record Khan's abduction but could do nothing to investigate it.
In March 2010, the Balochistan High Court accepted a habeas corpus petition asking the federal Ministries of Defense and Interior, the Balochistan provincial government, Military Intelligence, the ISI, and the Kili police station to provide information on charges brought against Khan and Rasool. The high court has since held five hearings but only police representatives have ever appeared before it. They have denied having any knowledge of the abductions.
Khan's whereabouts remain unknown.

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