Unlawful Detention of President of Balochistan
National Party
This urgent
appeal is to bring into kind attention of the International Communitythe illicit detention and
mortification of Balochistan National Party Chief, Akhtar Mengal by the Pakistan
Security agencies in Karachi
prison.
Akhtar Mengal and
500 senior Balochistan National Party activists arrested
in November 2006,
before President Musharaf visit to Balochistan, to stop BNP from peaceful long
march against military
operation,
enforced disappearances and systematic
Talibanization of Balochistan province by military
rulers.
Akhtar Mengal:
Akhtar Mengal
is president of the Balochistan National Party (BNP) and former Chief Minister
of Balochistan province (1997-1998). After May 1998, nuclear tests conducted by
central government in Balochistan, he resigned from Chief Minister Post and
continued as leader of opposition in Balochistan Assembly.
BNP believes on de-nuclearization
of Baloch region and opposes Pakistan's nuclear and missile development program
for which Balochistan is being used as testing ground since early 1970's.
BNP is a secular, moderate nationalist party which demands political,
economic and social rights of the people. It demands autonomy and
control of the province's natural resources and development
projects (including Gwadar port).
BNP opposes the establishment of military cantonments, unprecedented
troop deployment and check posts established in eastern, southern and western
regions of Balochistan to suppress the progressive Baloch nationalists.
BNP is also concerned over systematic Talibanization of Balochistan by
central government and security agencies. Party believes that Islamabad
policies are intended for consolidating its control of the province's politics
and resources through proxy religious parties, and suppressing moderate,
progressive and nationalist" forces.
Akhtar Mengal unlawful
detention:
On April 2, 2006
Balochistan National Party held a rally
of around one hundred thousand Baloch people, against military operation,
enforced disappearances, establishment of military cantonments, Gwadar port
project and exploitation of resources of Balochistan province by central
government.
After successful political rally and mass support by the people of Balochistan,
military and security forces started new phase of harassment and intimidation
against Balochistan National Party leaders.
On April 5, 2006,
undercover agents of security agencies tried to abduct Akhtar Mengal's school
going children. Akhtar Mengal stopped his car and asked them who they were,
why he was being followed, and what they wanted of him. They refused to give
any satisfactory answer. Considering a security issue, Akhtar Mengal security
guards picked up the two riders of one motorcycle and carried them back to
Akhtar's house intending to hand them over to the police, at which stage the
two admitted to being army personnel. Almost immediately, a large posse of law
enforcement agency men (LEA) arrived at the house, took away their two
companions who had been picked up, and laid siege to the house and its
occupants.
On April 11, Iqbal
Haider, secretary-general of the Human Rights Commission of Pakistan (HRCP)
along with a group of fellow commission members, visited Akhtar's house and that
same night forces were withdrawn from the house and Akhtar Mengal and his
family were free to come and go.
At some later stage, it
was found that a havildar of the Pakistan Army, one Qurban Hussain, had filed
on April 5 2006 an FIR (170/06) at Darakshan Police Station against Akhtar
Mengal and the four concerned guards. On the basis of this FIR, a case (8/06)
was registered in the Anti-Terrorism Court-V (ATC), Karachi. When Akhtar's relatives attempted to
file an FIR against the LEAs, it was refused. A constitutional petition
(D-1917/06) was filed on Akhtar's behalf in the Sindh High Court asking that an
FIR be accepted and registered. On October 13, the court restrained the ATC
from pronouncing a judgment against the four accused. The restraining order is
still in force and despite this restraining order, Akhtar's four guards
named in the FIR, who were under arrest, were convicted on December 9, 2006, by
the ATC and sentenced to several terms of imprisonment, including life, for
each of the offences and each was fined Rs.140,000.
Akhtar Mengal himself remained free to move about at will, which he did,
speaking at public meetings in various places in Balochistan, and continuing
with his normal political engagements until November 28, 2006 when he was
arrested, together with 14 of his party men, by the Balochistan police and
taken to Lassi Farm House in Hub Town, which was declared a sub-jail. He was
kept there until December 26, 2006 when his arrest was disclosed and he was
produced before the same Anti
Terrorist Court. His 14 companions were removed to
an undisclosed destination. Their whereabouts remain unknown.
Akhtar Mengal degrading treatment and Trial:
Akhtar Mengal is not
being trialed in open court but in a Karachi
prison. In camera, Human rights groups and family members are not allowed to
witness the proceedings. Mr Iqbal Haider, secretary-general of the Human Rights
Commission of Pakistan, witnessed the first hearing in his trial and this is
what he saw: "Mr Mengal was brought into the courtroom and shoved into an iron cage
with bars all around that stood in a corner away from his counsel.
Akhtar Mengal's father,
Vetran Baloch nationalist, Sardar Ataullah Mengal, has expressed the fear that
the government
and security agencies might kill his son. Akhtar Mengal is denied
from all basic medical facilities too.
Akhtar Mengal lawyer has
moved three applications, one seeking the provision of medical attention, a
second asking that he be given 'B' class accommodation, and the third for his
release on bail. The hearing of all the applications was deferred. The reason
given for the deferment of the 'B' class application was that no income tax
certificate was available, but when on January 10, a certificate was produced
to the presiding officer, no order was passed. On January 10, when senior
advocate Mr Azizullah Sheikh arrived at Karachi Central Prison to have his
papers signed by his client, Akhtar Mengal, he was denied access to him. Iqbal
Haider from HRCP was also, that same day, was refused permission to meet
Akhtar.
On January 19, 2007 the
judge of an anti-terrorism court disallowed
the Human Rights Commission of Pakistan (HRCP) from observing the proceedings
of a case against former chief minister of Balochistan Akhtar Mengal. Even
the judge had denied entry into the court to the HRCP secretary-general and
other nominated members of commission to witness trial.
All proceedings of trial
are being conducted in camera to intimidate Mr. Mengal and progressive Baloch
politicians to stop them from demanding socio-economic and political
rights of the people of Balochistan.
HRCP secretary-general
said "Hence there is no justification for holding trial inside the prison in
camera and denying presence of even observers of the HRCP and family members".
Akhtar Mengal, as head
of political party, four times elected representative, former chief minister
and leader of opposition of Balochistan assembly and prominent politician is
entitled to all basic legal rights and facilities. However, he has been denied
to all basic legal and human rights just because of his political standing and
opposition to military rule and operation in Balochistan province.
Appeal:
Balochistan National
Party, Appeal to the International Community, European Union, OHCHR, HRW, AI,
and concerned human rights organizations to press upon the Pakistan military
rulers to abide by the domestic and
international covenants
and must not intimidate, harass, disappear, and eliminate minority ethnic
Baloch people and their political representatives, those demanding political
and economic rights of their people and region.
BNP appeals for open and
fair trial for Akhtar Mengal. It is not only in the interest of justice but
also in the interest of the government to allow trials in open courts.
We appeal to the
International Parliamentary Union, Commonwealth and EU Human Rights commission
to appoint observers to monitor Akhtar Mengal trial and investigate in
cases of enforced disappearances of ethnic Baloch and Sindhi people in Pakistan
by the security agencies.
It is also requested
that UN, EU, should take notice of gross human rights violations, systematic
elimination of progressive and secular Baloch nationalists, enforced
disappearances, and political, economic and legal discrimination of ethnic
Baloch minority in Pakistan.
We appeal that large
number of BNP members held behind the bars, and denied by basic legal and prison
rights, should be brought to justice and must be treated according to the
United Nation Standard
Minimum Rules for the Treatment of Prisoners.
Balochistan National Party
Quetta, Balochistan,
Pakistan |