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Download This Report CRIME OR CUSTOM? Violence Against Women in Pakistan Human Rights Watch New York AAA Washington AAA London AAA Brussels Copyright 8 August 1999 by Human Rights Watch. All rights reserved. Printed in the United States of America. ISBN: 1-56432-241-6 Library of Congress Card Number: 99-066772 Cover photo by M. Kaursheed (Associated Press). Victims of domestic abuse Nusrat Prveet, 30, right, and Tasneen Bibi, 25, pose in a hospital in Islamabad, Pakistan, September 1997. Parveen had her nose cut off by her husband and Bibi had acid thrown in her face by her in-laws. Cover design by Rafael Jiménez Addresses for Human Rights Watch 350 Fifth Avenue, 34th Floor, New York, NY 10118-3299 Tel: (212) 290-4700, Fax: (212) 736-1300, E-mail: [email protected] 1630 Connecticut Avenue, N.W., Suite 500, Washington, DC 20009 Tel: (202) 612-4321, Fax: (202) 612-4333, E-mail: [email protected] 33 Islington High Street, N1 9LH London, UK Tel: (171) 713-1995, Fax: (171) 713-1800, E-mail: [email protected] 15 Rue Van Campenhout, 1000 Brussels, Belgium Tel: (2) 732-2009, Fax: (2) 732-0471, E-mail:[email protected] Web Site Address: http://www.hrw.org Listserv address: To subscribe to the list, send an e-mail message to [email protected] with Asubscribe hrw-news@ in the body of the message (leave the subject line blank). Human Rights Watch is dedicated to protecting the human rights of people around the world. We stand with victims and activists to prevent discrimination, to uphold political freedom, to protect people from inhumane conduct in wartime, and to bring offenders to justice. We investigate and expose human rights violations and hold abusers accountable. We challenge governments and those who hold power to end abusive practices and respect international human rights law. We enlist the public and the international community to support the cause of human rights for all. HUMAN RIGHTS WATCH Human Rights Watch conducts regular, systematic investigations of human rights abuses in some seventy countries around the world. Our reputation for timely, reliable disclosures has made us an essential source of information for those concerned with human rights. We address the human rights practices of governments of all political stripes, of all geopolitical alignments, and of all ethnic and religious persuasions. Human Rights Watch defends freedom of thought and expression, due process and equal protection of the law, and a vigorous civil society; we document and denounce murders, disappearances, torture, arbitrary imprisonment, discrimination, and other abuses of internationally recognized human rights. Our goal is to hold governments accountable if they transgress the rights of their people. Human Rights Watch began in 1978 with the founding of its Europe and Central Asia division (then known as Helsinki Watch). Today, it also includes divisions covering Africa, the Americas, Asia, and the Middle East. In addition, it includes three thematic divisions on arms, children=s rights, and women=s rights. It maintains offices in New York, Washington, Los Angeles, London, Brussels, Moscow, Dushanbe, Rio de Janeiro, and Hong Kong. Human Rights Watch is an independent, nongovernmental organization, supported by contributions from private individuals and foundations worldwide. It accepts no government funds, directly or indirectly. The staff includes Kenneth Roth, executive director; Michele Alexander, development director; Reed Brody, advocacy director; Carroll Bogert, communications director;Cynthia Brown,program director; Barbara Guglielmo, finance director; Jeri Laber special advisor; Lotte Leicht, Brussels office director; Patrick Minges, publications director; Susan Osnos, associate director; Maria Pignataro Nielsen, human resources director; Jemera Rone, counsel; Wilder Tayler, general counsel; and Joanna Weschler, United Nations representative. Jonathan Fanton is the chair of the board. Robert L. Bernstein is the founding chair. The regional directors of Human Rights Watch are Peter Takirambudde, Africa; José Miguel Vivanco, Americas; Sidney Jones, Asia; Holly Cartner, Europe and Central Asia; and Hanny Megally, Middle East and North Africa. The thematic division directors are Joost R. Hiltermann, arms; Lois Whitman, children=s; and Regan Ralph, women=s. The members of the board of directors are Jonathan Fanton, chair; Lisa Anderson, Robert L. Bernstein, David M. Brown, William Carmichael, Dorothy Cullman, Gina Despres, Irene Diamond, Adrian W. DeWind, Fiona Druckenmiller, Edith Everett, Michael E. Gellert, Vartan Gregorian, Alice H. Henkin, James F. Hoge, Stephen L. Kass, Marina Pinto Kaufman, Bruce Klatsky, Joanne Leedom-Ackerman, Josh Mailman, Yolanda T. Moses, Samuel K. Murumba, Andrew Nathan, Jane Olson, Peter Osnos, Kathleen Peratis, Bruce Rabb, Sigrid Rausing, Orville Schell, Sid Sheinberg, Gary G. Sick, Malcolm Smith, Domna Stanton, and Maya Wiley. Robert L. Bernstein is the founding chair of Human Rights Watch. ACKNOWLEDGMENTS This report was researched and written by Samya Burney and edited by Regan E. Ralph and Cynthia Brown. The chapter on the international community=s response was written by Kerry McArthur. Invaluable research and editorial input were contributed by Kerry McArthur, Kinsey Dinan, and Patricia Gossman. The report follows a 1992 report, Double Jeopardy: Police Abuse of Women in Pakistan, which documented sexual abuse of women by state agents. The women=s rights division of Human Rights Watch gratefully acknowledges the assistance of the many individuals, government officials, and institutions in Pakistan who were instrumental in our efforts to investigate the barriers to justice faced by women victims of violence in Pakistan. Our work would not have been possible without the courageous women who were willing to speak to us of their experiences in seeking redress for abuse and assault through the criminal justice system in Pakistan. We would like to extend our particular thanks to human rights attorney Hina Jilani, who has been a key source of support and encouragement since the inception of this project. We would also like to thank the staff of War Against Rape, Shirkat Gah, the Human Rights Commission of Pakistan, Lawyers for Human Rights and Legal Aid, and AGHS Legal Aid Cell for their critical assistance. In addition, we are grateful to the staff of the Police Surgeon=s Office, Karachi, Justice Dr. Ghous Muhammad of the Sindh High Court, Julie Chadbourne, Nadeem Fazil Ayaz, Sohail A. Warraich, Zia Awan, Danish Zuberi, Muhammad Ali, Mahboob Khan, and Nausheen Ahmed for their invaluable help. The women=s rights division of Human Rights Watch gratefully acknowledges the support of the Sandler Family Supporting Fund, the John D. and Catherine T. MacArthur Foundation, the Ford Foundation, the Moriah Fund, and the Shaler Adams Foundation. TABLE OF CONTENTS I. SUMMARY .....................................................................................................1 II. RECOMMENDATIONS................................................................................6 III. BACKGROUND.........................................................................................18 IV. PAKISTAN=S OBLIGATIONS UNDER INTERNATIONAL LAW.........26 V. THE SCOPE OF THE PROBLEM OF VIOLENCE AGAINST WOMEN.29 VI. THE STATE RESPONSE TO VIOLENCE AGAINST WOMEN.............33 Domestic Law.......................................................................................33 Rape .......................................................................................33 Domestic Violence.................................................................40 Gender Bias in the Criminal Justice System.........................................45 Role of the Police.................................................................................52 Delayed and Mishandled Processing of Complaints ..............52 Harassment and Abuse of Victims .......................................57 Inadequate and Improper Investigations ................................59 Medicolegal Examinations ...................................................................63 Importance of Forensic Evidence in Cases of Sexual Assault and Domestic Violence ...............................63 Late Referrals and Other Police Delays .................................65 Inaccessibility of Doctors.......................................................68 Lack of Training of Medicolegal Personnel...........................72 Inadequate Equipment and Facilities .....................................77 Inadequate and Abusive Examinations: Sexual Assault Cases...........................................................80 Purpose of Medicolegal Examination......................80 Inappropriate Focus on Virginity Status ..................82 Haphazard Procedures .............................................86 Mistreatment of Victims ..........................................87 Inadequate and Abusive Exams: Adultery or Fornication Cases ................................................89 Role of the Office of the Chemical Examiner ......................................90 Use of Medical Evidence at Trial.........................................................92 VII. THE RESPONSE OF THE INTERNATIONAL COMMUNITY.............95 The United States .................................................................................95 Other Bilateral Assistance ....................................................................96 The European Union ............................................................................96
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