CHINA

N.W.FP IR •

o Peshawar _- ,t Islamabadii I I Rawalpindi •4:•4",

Gutranwala • • • Dera Ismail Khan • Lahore

PUNJAB

• • Quetta Multan

INDIA IRAN BALUCHISTAN

ARABIAN SEA N.W.F p:NORTH -WEST FRONTIER PROVINCE ontents

THE ISLAMIC REPUBLIC OF PAKISTAN

HUMAN RIGHTS CONCERNS 1 INTRODUCTION 2 1. RECOMMENDATIONS 3 POLITICAL AND CONSTITUTIONAL DEVELOPMENTS 8 1947 to 1977 8 After July 1977 9 THE EROSION OF FUNDAMENTAL RIGHTS 11 The legality of martial law 11 Constitutional amendments since July 1977 12 The Provisional Constitution Order 1981 13 "The power of the courts has been snatched The judiciary 14 away and there is no door left for legal shelter and protection." (From a letter written to POLITICAL IMPRISONMENT 16 Amnesty International in May 1981). Scope 17 Arrests since July 1977 17 1981 20 Arbitrary arrests 23 Incommunicado detention 25 The suspension of habeas corpus 26 S. THE LAWS 28 Detention without trial 28 Political activities banned 28 Military Courts 29 Secret trials 31 6. TORTURE, FLOGGING, AMPUTATION AND STONING TO DEATH 32 Deaths in custody 35 Flogging 37 Amputations 40 Stoning to death 41 THE DEATH PENALTY 42 Offences carrying the death penalty 42 Numbers 43 Lack of safeguards 44 APPENDIX 1: Detention without trial: three cases 46 APPENDIX 2: Floggings for political offences 48 APPENDIX 3: Sentences of amputation 51

AMNESTY INTERNATIONAL—A WORLDWIDE CAMPAIGN 52 An international effort 52 The mandate 53 Amnesty International at work 53 Continuous research 53 A permanent campaign 54 Policy and funds 54

The boundaries on the cover map reflect those normally shown on international maps in 1981. OTHER AMNESTY INTERNATIONAL REPORTS 55 Amnesty International takes no position on territorial disputes. u an ri ts concerns The Islamic Republic of Pakistan

Amnesty International has noted a steady sentenced to imprisonment and flogging for deterioration in respect for human rights in non-violent political activities which Amnesty Pakistan was created in 1947 as a separate state for the Muslims of the subcontinent. It had two wings: West Pakistan, particularly since the beginning of International believes amount to no more than Pakistan and East Pakistan. In 1971 East Pakistan became the independent state of Bangladesh. Pakistan the peaceful exercise of the rights to freedom covers an area of 803,943 square kilometres and has an estimated population of 77.9 million. Islam is the 1981. The powers and independence of the state religion and some 97 per cent of the population are Muslim. (This excludes the disputed area of judiciary have been further eroded under the of opinion, expression and association Kashmir. The part held by Pakistan, there called Azad-Kashmir, has an area of 83,807 square kilometres military government The ability of the civilian guaranteed to all citizens by the Universal and an estimated population of more than one million. Figures date from 1 January 1979.) courts to enforce and protect human rights has Declaration of Human Rights, and in Articles been progressively restricted by a series of 17 and 19 of the Pakistan Constitution itself. Pakistan is a federation of four provinces: Punjab, Sind, Baluchistan and the North West Frontier martial law provisions and constitutional Province. Each has its own distinctive ethnic, linguistic and cultural identity. Fifty seven per cent of the Political prisoners are tried by military population live in the Punjab which is the most developed province economically, and from which the amendments, culminating in the 24 March Pakistan armed forces have traditionally been recruited. 1981 Provisional Constitution Order. This courts, without the right to appeal to a court of grants the President power to change the law or the right to defence by a lawyer. The After the partition from India in 1947, political and military power was concentrated in West Pakistan, constitution at will — it effectively annuls the procedures in such courts fall far short of although the majority of the population lived in the smaller wing, East Pakistan. There, the Awami League internationally accepted standards for a fair led by Sheikh Mujibur Rahman campaigned on a program of increased provincial autonomy for which it 1973 constitution which guaranteed fundamental rights to Pakistan's citizens. It trial, as laid down, for example, in the obtained massive support. In December 1970. in the first general election held on the basis of universal International Covenant on Civil and Political suffrage, the Awami League won 160 of the 162 seats reserved for East Pakistan and obtained an absolute marks the end of an independent judiciary and majority in the National Assembly, giving it the right to form the central government. In West Pakistan the removes the long-established supervisory Rights. Trials of political prisoners have also Pakistan People's Party (PPP), formed in 1967 on a socialist program, won a substantial majority of the powers of the Supreme and High Courts to been held in camera, inside prison. seats, especially in the two most populous provinces of Sind and the Punjab. The Awami League's election enforce respect for human rights. In taking victory increased political tension, and on 26 March 1971, one day after the Pakistan army intervened in the Particularly since the beginning of 1981 these steps, the government has consistently East, Sheikh Mujibur Rahman proclaimed the independence of Bangladesh. A bitter civil war resulted, Amnesty International has received a growing ignored the directives set by the Supreme which led, after India's military intervention, to the separation of East and West Pakistan. These events number of reports that political prisoners are have increased the federal government's sensitivity about demands for greater regional autonomy, in Court in its November 1977 judgment which being held incommunicado, and substantial particular from Baluchistan and the North West Frontier Province. imposed conditions on the legality of the evidence has emerged that prisoners are being government tortured systematically. Between January Pakistan became a member of the non-aligned movement in 1979 following its withdrawal from CENTO Thousands of political prisoners have been (Central Treaty Organization) in March that year. It is an active participant in the Islamic Conference, and 1980 and August 1981 at least 10 people, maintains close links with most Islamic states in the Middle East, notably Saudi Arabia. It has also held under martial law, most considered by including three political prisoners, died in developed close economic and political relations with China. Since independence Pakistan has fought three Amnesty International to be prisoners of police custody, allegedly as a result of torture wars with neighbouring India, and although relations have improved, they remain sensitive. Relations with conscience, imprisoned for expressing their and ill-treatment. Pakistan's other neighbour, Afghanistan, became increasingly strained after the Soviet military intervention in beliefs. All major political parties are December 1979, and the influx of well over one million Afghan refugees has added to Pakistan's political proscribed and all political and trade union Hundreds of people have been executed problems. Pakistan's controversial nuclear program prompted the United States to cut off development aid in 1979, but a military and economic aid package worth 3.2 billion dollars was accepted by the Pakistan activity is banned. Under martial law arbitrary each year, and the President has turned down Government in September 1981, confirming the recent rapprochement in relations between Pakistan and arrest and detention have been widely used, every single petition for clemency presented to the United States. and since the March 1981 Provisional him. Most of those sentenced to death were Constitution Order was passed political tried by military tribunals, and in many cases prisoners have lost the protection of the right the prisoners were executed without even to habeas corpus. Critics of the government being granted the right to appeal to a higher (and sometimes their relatives) have been court. Among those executed in 1981 were arrested without warrant, without being two political prisoners. informed of the grounds for arrest, and often their families have not even been told where Amnesty International believes that the they are being held. They have been detained abuses described in this report amount to a without trial, or tried by military courts using consistent pattern of gross violations of human summary procedures. Many have been rights. Intro uction eco en ations Economic, Social and Cultural Rights and the For many years Amnesty International has On 18 March 1978 Zulfikar Ali Bhutto and Recommendations Optional Protocol to the first covenant. four of his co-defendants were sentenced to sought to prevent violations of human rights presented to President b) Amnesty International also recommends death after a controversial trial. Two lawyers within its mandate in Pakistan. This report that the government introduce legislation to attended the Supreme Court appeal hearing on Zia-ul-Haq arising from the reflects its efforts to secure the effective ap- restore fully the fundamental rights guaranteed behalf of Amnesty International; the Supreme 1981 Amnesty International plication of international standards for the pro- in the 1973 constitution, by revoking con- Court upheld the death sentence in a split tection of human rights under successive govern- report on Pakistan stitutional amendments listed in this report ments, and several Amnesty International dele- decision. Amnesty International publicly pre- The military administration took power at a that curtail those rights, in particular the gations have visited Pakistan to discuss human sented legal arguments as to why the sentence time of serious and widespread civil disorder, March 1981 Provisional Constitution Order. rights concerns during the last decade. should be commuted, particularly in view of the and proclaimed martial law stating that its limited In August 1971 an Amnesty International unconvincing nature of the evidence produced in purpose was to restore "law and order and delegate visited Pakistan under the then military the trial. The former Prime Minister was executed normalcy" in Pakistan. However Amnesty Inter- The judiciary's powers to government From 23 April to 12 May 1976 a on 4 April 1979, his four co-defendants several national believes that the measures that the delegation visited the country and met govern- months later. protect human rights government has taken infringe basic human ment officials, lawyers and political prisoners In the months that followed Amnesty Inter- rights, contravening international human rights The powers of Pakistan's judiciary to protect under the civilian administration of Prime Minis- national noted a steady deterioration in the law and the 1973 Pakistan Constitution, as fundamental human rights had been eroded by ter Zulfikar Ali Bhutto. Based on the findings of human rights situation. It wrote to President Zia- endorsed by the Supreme Court of Pakistan. previous administrations. However a series of that mission, Amnesty International published a ul-Haq on 1 November 1979 and 26 September Article 4 of the International Covenant on Civil constitutional amendments and martial law pro- report outlining its concerns about human rights 1980 describing its concerns in detail and making and Political Rights provides that even in times visions passed since 1977 and culminating in the in May 1977: An Amnesty International further recommendations to the government. of "public emergency which threatens the life of March 1981 Provisional Constitution Order has Report including the Findings of a Mission to The texts of the letters were later made public. the nation and the existence of which is officially virtually ended the long-established independence of Pakistan, 23 April-12 May 1976. However Amnesty International received no proclaimed" states have an absolute obligation Pakistan's judiciary. (See Chapter 3.) The juris- reply and the recommendations presented to the After the present military administration took to uphold the right to life, the freedom from diction of the civilian courts has been restricted Pakistan Government have still not been im- power in July 1977 an Amnesty International torture or cruel, inhuman or degrading treatment to an unprecedented extent by the loss of all plemented. delegation visited Pakistan in January 1978 and or punishment, the right not to be tried under powers to review military court proceedings and discussed measures for the protection of human Reports of serious human rights violations retroactive law, and the right to freedom of executive actions. Pakistan's Supreme Court rights with General (later President) Zia-ul- reached Amnesty International with increasing thought, conscience and religion.' Most of these and High Courts traditionally used these powers Hach and officials of his government However frequency. In May 1981 Amnesty International human rights are not upheld in Pakistan today. to enforce respect for fundamental rights. Political the delegates were not allowed to meet former presented evidence of human rights violations in prisoners in Pakistan are no longer protected by Prime Minister Zulfikar Ali Bhutto who was Pakistan to the United Nations, noting the the right to habeas corpus, in contravention of then in Lahore Jail on trial before the Lahore deterioration since the beginning of the year. International Human the guarantees in Article 9 of the International High Court on charges of conspiracy to murder a Rights Instruments Covenant on Civil and Political Rights. Nor can political opponent. After its mission Amnesty Considering the persistent and serious nature International made a number of recommendations of these human rights abuses, Amnesty Inter- The United Nations has repeatedly called upon I Article 4, paragraph 2 of the covenant states: "No derogation national has compiled a report for presentation all governments to ratify the international covenants from Articles 6,7,8 (paragraphs 1 and 2), I I, 15,16 and 18 may to the government. However it did not receive a be made under this provision". reply and the first public executions in Pakistan to the Pakistan Government by its Secretary on human rights.2 Within Asia regional non- General with an urgent request to halt human 2 UN General Assembly Resolution 2200 ( AIXXI) of 1966, and were reported in March 1978. These develop- governmental organizations have endorsed this reaffirmed in subsequent resolutions. rights violations and to take immediate steps to cal1.3 In order to secure the effective protectiOn ments prompted Amnesty International to pub- 3 The 6th Lawasia Conference, meeting in Colombo from 27 to 30 lish the findings of its 1978 mission: Short protect the human rights of Pakistani citizens. To of human rights in Pakistan, August 1979, reiterated "the validity and applicability of the Report of an Amnesty International Mission to this end, Amnesty International respectfully Universal Declaration of Human Rights to all people within the submits a set of recommendations to the Pakistan 1 a) Amnesty International recommends that Lawasia region". It urged: "the ratification of the International the Islamic Republic of Pakistan, 20-25 Januacy Covenants relating to Human Rights by governments within the the Pakistan Government accede to the In- 1978. Government. Lawasia region, and to move towards adherence to the UN ternational Covenant on Civil and Political instruments in the field of Human Rights including those con- Rights and the International Covenant on cerning law enforcement and refugees". 4 PAKISTAN PAKISTAN 5 the courts grant them bail or other forms of behalf of a prisoner. The government rarely Since 1977 the powers of the military courts in Torture and cruel, inhuman interim relief as they had previously under Article publishes any information on the arrest or release Pakistan have been widely extended at the or degrading treatment 199 of the constitution. The courts can no longer of political detainees. expense of the civilian judiciary. Military courts Amnesty International believes that the wide- hear appeals from political prisoners challenging now have almost exclusive powers to try civilians, Amnesty International has described allegations of spread practice of arrest, release and rearrest the legality of their detention, or of their trial or including political prisoners, for offences punish- torture and ill-treatment under previous ad- without legal safeguards amounts to a pattern of conviction by a military tribunal. So political able under martial law and the penal code. Such ministrations in its earlier reports. In the last arbitrary arrest and detention in contravention of prisoners no longer have any legal redress against trials arc by their nature summary: the evidence three years Amnesty International has received Article 9 of the International Covenant on Civil human rights abuses. The 1981 Provisional need not be taken down in full, summary military reports of torture citing both the police and, with and Political Rights. ( See Chapters 4 and 5.) Constitution Order has facilitated further human courts do not allow the right to defence by a increasing frequency, the army. Serious com- rights violations: at least two political prisoners lawyer, and courts are composed of military 3. a) Amnesty International recommends that plaints have come from all over Pakistan. They were executed shortly after its promulgation. judges who are not members of the Bar. They are the government review current detention prac- include allegations that prisoners have been The right to habeas corpus protected by an career army officers and cannot be considered tices with a view to releasing immediately all beaten on the soles of the feet and other parts of independent judiciary is a basic legal safeguard. independent judges within the meaning of Article prisoners of conscience against whom there is the body for long periods, that prisoners have Its suspension has, in Amnesty International's 10 of the Universal Declaration of Human no prima facie evidence of criminal activity. It been hung upside down, burned with cigarettes, experience, often facilitated grave human rights Rights. Military courts pass sentences on recommends that all prisoners detained simply given electric shocks, suffered sensory deprivation violations. political prisoners without having to give a for the non-violent exercise of their human and been threatened with execution. ( See Chap- reasoned judgment and convicted prisoners are rights, including those named in this report, be ter 6.) Both the Pakistani and the international 2. Amnesty International therefore recom- denied any appeal to a court of law. Some trials set free. This could be implemented by the press have reported such instances. Amnesty mends that the government take immediate have been held in camera, inside prison. ( See declaration of a general amnesty for political International has itself examined several pri- steps to restore the independence of the judiciary Chapters 5 and 6.) in Pakistan. It recommends that its full powers prisoners in Pakistan. soners released during the last three years who to protect and enforce respect for human A mnesty International also recommends Amnesty International reiterates its belief that alleged that they were tortured, and gave detailed descriptions of their treatment. It has also re- rights, as originally provided in Article 199 of that the government introduce legislation re- political prisoners who are civilians should be ceived documented evidence, in the form of the constitution, be completely restored by voking laws allowing preventive detention of tried before the ordinary courts of law, in the signed statements, containing allegations of tor- revoking the relevant constitutional amend- political prisoners as specified in this report, open, by an independent judiciary, and with the ments listed in this report, including the Con- including Martial Law Order 78 (incorporating protection of full legal safeguards to ensure a fair ture which are consistent and which are the more authoritative as the prisoners concerned were stitution ( Second Amendment) Order of 1979, Martial Law Order 12) and the Maintenance trial. Article 14 of the International Covenant on held in incommunicado detention. In Amnesty Presidential Order No. 1 of 1980 and the 24 of Public Order Ordinance. Civil and Political Rights and Article 10 of the March 1981 Provisional Constitution Order, Universal Declaration of Human Rights lay International's experience ill-treatment and tor- Amnesty International recommends that as well as accompanying martial law in- down internationally accepted standards. Cur- ture are facilitated when political prisoners are until preventive detention is abolished, the struments, including Martial Law Order 77. rent practice in Pakistan falls far short of these held incommunicado. In recent years, the torture government regularly publish in the press the international human rights standards (see Chap- of women political prisoners has been reported names of individual political prisoners arrested ter 5). for the first time. At least 10 prisoners died in Arrest and Detention or released, and that in all cases relatives be custody between January 1980 and August informed immediately of the arrest of the 4. a) Amnesty International recommends that 1981, allegedly as a result of torture; three were Detention without trial is part of the constitutional prisoner and of the place of detention. the government review martial law legislation political prisoners. framework in Pakistan and the Maintenance of which inhibits the peaceful exercise of fun- Amnesty International concludes that there is Public Order Ordinance and martial law orders damental rights. It recommends that the govern- evidence that torture is practised systematically allow for preventive detention in broadly defined Trials of political prisoners ment introduce legislation to revoke such in Pakistan. terms, without the legal safeguards applicable in martial law provisions, including Martial Law ordinary law. When Martial Law Order 12 was Martial law provisions prohibit normal political Regulations 4, 5, 13, 18 and 33 and other Torture is prohibited in Article 5 of the replaced by Martial Law Order 78 political activity and seriously curb fundamental rights. provisions listed in this report which curb the Universal Declaration of Human Rights and prisoners no longer had to be informed of the Martial Law Regulations 4, 5, 13, 18 and 33 fundamental rights of Pakistani citizens. Article 7 of the International Covenant on C ivil grounds for their detention. No judicial review of have often been used by the government to arrest and Political Rights. A rticle 3 of the UN Dec- the legality of detention was allowed, and this and try political opponents for acts which Am- b) Amnesty International also recommends laration on the Protection of All Persons from report describes a pattern of arbitrary arrest nesty International believes are no more than the that measures be taken to end the practice of Torture and Other C ruel, Inhuman or Degrading without warrant of political prisoners. Many peaceful expression of the right to freedom of trying political prisoners before military courts, Treatment or Punishment contains an absolute were not told why they were detained, and some opinion, of conscience, of peaceful assembly and and to guarantee internationally agreed legal prohibition of torture: "Exceptional circumstances were held incommunicado. In many cases their association. These are rights guaranteed in Articles safeguards to ensure a fair and open trial by an such as a state of war or a threat of war, internal families were not informed of the grounds for 18, 19, 21 and 22 of the International Covenant independent court to all political prisoners in political instability or any other public emergency arrest, nor where the prisoners was held. Rela- on Civil and Political Rights, and also pro- Pakistan: including access to a chosen lawyer may not be invoked as a justification of torture or tives have been arrested if the wanted person claimed in the Universal Declaration of Human at all stages, and the right to appeal to a higher other cruel, inhuman or degrading treatment or could not be found, or if they took legal action on Rights and the Pakistan Constitution itself. independent tribunal. punishment". Torture is also prohibited in Article 7 6 PAKISTAN PAKISTAN

3 of the same declaration. flogged under the penal code and under Islamic executions since the present government as- 14(7) of the Pakistan Constitution, and in Is- The UN General Assembly has affirmed that law. This report lists 192 political prisoners sumed office. On I March 1979 President Zia- lamic human rights declarations.4 "the main objective to be pursued in the field of sentenced by military courts since July 1977 to ul-Haq reportedly said that "nearly 400 people capital punishment is that of progressively res- 5. a) Amnesty International recommendsthat flogging merely for participating in ordinary have been hanged in Pakistan during the last 18 tricting the number of offences for which the the government take effective steps in line with political activities; in the first six months of 1981 months". In late 1981, 1,250 prisoners were death penalty may be imposed with a view to the international human rights standards to abolish at least 30 people were sentenced to be flogged held under sentence of death in the Punjab alone. desirability of abolishing the punishment" ( UN torture and other forms of cruel, inhuman or for political offences. Among those sentenced to According to reports compiled from the Pakistan General Assembly Resolution 32/61 of 8 De- degrading treatment or punishment and to flogging were two women, a 15-year-old boy and press, half the death sentences passed in 1981 cember 1977). prevent its occurrence; the government should a prisoner who had just been discharged from were imposed on civilians by military courts. Deeply concerned about the wide and growing undertake full and impartial investigations hospital. using summary procedures with no provision for use of the death penalty in Pakistan, into the allegations of torture mentioned in Amputation and stoning to death have been appeal. All petitions for clemency have been Chapter 6 of this report; if it is established that imposed as punishments under Islamic law, but turned down by President Zia-ul-Haq, and among 7 . Amnesty International callsupon the govern- torture has taken place, the government should Amnesty International does not know of either of those recently executed were two political pri- ment to halt all executions with a view to take appropriate measures in line with Article these punishments being carried out The Federal soners, and one young man only 18 years old. abolishing the death penalty in Pakistan. Am- 10 of the UN declaration against torture to Court, the highest Islamic court in They were executed shortly after the promul- Sharra nesty International urges the government to establish criminal responsibility. Pakistan, has ruled that the punishment of stoning gation of the March 1981 Provisional Con- provide immediately the necessary minimum to death, as introduced under a 1979 presidential stitution Order, which declared void High Court legal safeguards recognized in international Amnesty International urges the government to ordinance, is " repugnant to the injunctions of orders staying the executions. human rights law to ensure a fair trial to all consider implementing measures to prevent tor- Islam". Amnesty International considers the death ture which it outlined in 1976 to the previous Amnesty International is particularly con- penalty to be "cruel, inhuman and degrading people charged with capital offences and to restore at once the full powers of judicial government, and which have not yet been acted cerned about the use of flogging to punish punishment" as defined in Article 5 of the review to Pakistan's judiciary so as to prevent upon: political dissent. Amnesty International con- Universal Declaration of Human Rights and a possible miscarriages of justice. siders flogging, amputation and stoning to death violation of the right to life guaranteed in Article "That the government make legal provisions to be forms of "cruel, inhuman or degrading for any person who has been arrested to be punishment" as prohibited in Article 5 of the permitted immediate access to a lawyer, that Universal Declaration of Human Rights and members of the family should be notified of Article 3 of the UN declaration against torture. the arrest and should be allowed access to the prisoner within 48 hours of the arrest, and that 6) Amnesty International recommends that visits should continue, regularly throughout the government abolish immediately the punish- the detention period. We would also recom- ments of flogging, amputation and stoning to mend that impartial investigation procedures death. be instituted to deal with complaints of police excesses and allegations of ill-treatment In order to ensure its independence, the in- Death Penalty vestigating body should be composed of High The death penalty is imposed in Pakistan for an Court judges." increasingly wide range of offences under the b) Amnesty International recommends that Pakistan Penal Code, martial law regulations, the government institute immediately a full and Islamic law, and can be used to punish and impartial investigation into all allegations several offences which are not crimes against the of death in government custody as a result of person. Hundreds of civilians have been executed torture mentioned in this report, publish the each year by hanging, many sentenced by military findings of these investigations in full, and courts. Official statistics and unofficial sources ensure that relatives and their lawyers are confirm a sharp increase in the number of allowed access to post mortem examinations 4 For example The Universal Islamic Declaration of Human in all cases. Rights, based on the Quran, was proclaimed on 19 September 1981 at the international conference on human rights and Islam convened by the Islamic Council of Europe at UNESCO (United Nations Educational, Scientific and Cultural Floggings, Amputations Organization) in Paris. Article 7 proclaims: "No person shall be subjected to torture in mind or body, or degraded, or and Stoning to Death threatened with injury either to himself or to anyone related to or held dear by him, or forcibly made to confess to the Under martial law any political activity may be commission of a crime, or forced to consent to any act which is punished by flogging. People have also been injurious to his interests". 9 PAKISTAN

their lives in accordance with the principles and whose political base was in Pakistan's two concepts of Islam (part IX, Articles 227-231). It western-most provinces, Baluchistan and North establishes a federal parliamentary system of West Frontier Province. The party's political government with four units but with a strong program called for a greater degree of provincial central government and two houses of par- autonomy. In 1973 the Baluchistan provincial olitical an constitutional liament (parts III-V, Articles 41-159). It also government, led by the NAP, was dismissed. provides for an independent judiciary (part III, There followed armed rebellion in the two western evelo ents Articles 175-212). The fundamental rights guaran- provinces and the federal government banned teed by the constitution are set out in part II, the NAP in 1975. An Amnesty International Shortly before, in March 1962, the second Articles 8-28. They include freedom of move- observer attended the trial of 55 NAP leaders 1947 to 1977 constitution was promulgated providing for a ment, assembly, association and speech, safe- before a special court inside Hyderabad Central guards against unlawful arrest and detention, Jail; Amnesty International's critical observations of When the Islamic Republic of Pakistan was presidential form of government under a system and prohibit torture. that trial are contained in the 1977 report. In created in 1947, the Muslim League (founded in of "Basic Democracies". Political power was heavily concentrated in the central executive and In November 1971, before the constitution 1975 the National Democratic Party was for- 1906) was the only political party of the Muslims med, claiming the political allegiance of the of the subcontinent: its main platform was the although political parties were allowed to ftinction, was adopted, a state of emergency had been their activities were severely restricted. declared at the start of the Bangladesh war. It former leadership of the banned NAP. demand for an independent Muslim state. Having In March 1977 general elections were held achieved this in 1947, opposition to the league's C ivil disturbances led by students and Islamic was in force when the new constitution was religious forces marked the 10th anniversary of proclaimed, and remained in force during the and the PPP was returned to power. However policies was easily identified with opposition to there were widespread allegations that the elec- the state, particularly when voiced by political Field Marshal Ayub Khan's rule and on 25 entire PPP administration. The continuation of March 1969 he handed over power to General the state of emergency severely limited the tions had been rigged. The Pakistan National groups which had not advocated a separate Alliance (PNA), an alliance of nine opposition Muslim state. Successive Pakistani governments A. M. Yahya Khan. Martial law was again extent to which fundamental rights could be proclaimed, but the government announced that guaranteed. parties formed before the elections, demanded have tended to equate opposition to their policies that Prime Minister Zulfikar Ali Bhutto resign with opposition to the state as such, labelling it it would hold general elections at an early date. Article 232 of the constitution allows funda- The military defeat of the Pakistani armed forces mental rights to be suspended during periods of until fresh elections were held. The alliance's "anti-state activity". demands were accompanied by widespread civil Democratic political structures were slow to in East Pakistan in December 1971 and the emergency, and High Court decisions during establishment of Bangladesh brought the end of the emergency illustrate that basic rights could disobedience and many political arrests. Martial evolve in the new state: it was not until 1973 that law was again invoked in April 1977 when it was Pakistan acquired its first democratic constitution Yahya Khan's military administration and Zul- only be protected to a limited extent. The became the President (later imposed on several large cities, and was lifted in framed by a directly elected assembly. The fikar Mi Bhutto Defence of Pakistan Rules – framed under the Prime Minister) of Pakistan on 20 December 1971 Defence of Pakistan Ordinance – remained June 1977. development of political parties and structures On 5 July 1977 the Prime Minister was was inhibited by repeated and prolonged periods 1971. in force, and allowed detention without trial, and deposed in a military coup and General Moham- of military rule: since the creation of Pakistan, the trial of prisoners before special tribunals and med Zia-ul-Haq took power as the Chief Martial martial law has been imposed six times.' Under special courts applying summary procedures. Its Law Administrator. martial law political parties were often banned The 1973 Constitution provisions were frequently used against political and strict censorship enforced. When martial opponents of the previous government Under the civil administration of Zulfikar Ali In its report published in May 1977 Amnesty law was lifted, political parties were in most Bhutto. leading a PPP government, Pakistan ac- cases allowed to resume activities but only under International described the curbs on fundamental After July 1977 quired its first democratic constitution drafted by rights then in force. A series of constitutional considerable restrictions. Leaders and members The military a 'station dismissed the cabinet a directly elected general assembly based on amendments (in particular the 1975 Fourth and of Pakistan's political parties have frequently and disbanded the national and provincial as- universal suffrage. Like its precursors, the Con- 1976 Fifth Amendments to the constitution) and repeatedly been harassed and imprisoned — semblies and the Senate. All political activity stitution of the Islamic Republic of Pakistan of restricted the powers of the higher judiciary to usually being detained without trial or tried by was banned and martial law was imposed all 1973 proclaims Islam as the state religion (Article protect the fundamental rights proclaimed in the special tribunals or military courts — merely for over the country; it is still in force today. The 2). It provides for an Islamic Council whose 1973 constitution. These amendments also voicing political opinions different from those of 1973 constitution was officially declared to be main function is to encourage Muslims to order reduced the safeguards against interference with the administration in power. "in abeyance". Under the Laws (Continuance in the independence of the judiciary. Amnesty The first constitution of 1956 incorporated 1 1953: imposed by the federal government. Force) Order, 1977, the constitution was de- International observed that "the continuation of several Islamic provisions and established a -- 1958-1962: imposed by President Iskander Mirza and General clared to be subject to the martial law orders and ( later President) Mohammad Ayub Khan. parliamentary system of government. However the state of emergency has largely been respon- regulations issued by the military authorities; the - 1969: imposed by General A. M. Yahya Khan deposing sible for a serious erosion of fundamental it was short-lived, being abrogated on 27 October President Ayub Khan. fundamental rights conferred by the constitution freedoms in Pakistan, which has hindered the 1958 when martial law was declared by General 1971-1972: the 1969 martial law administration. continuing were suspended, as well as any court proceedings to ( later Field Marshal and President) Moham- under the government of Prime Minister Zullikar Ali Bhutto. judiciary and the Bar from upholding the rule of - April 1977: local martial law was imposed in several large cities law".2 mad Ayub Khan. The cabinet was dissolved and by Prime Minister Bhutto under Article 245 of the 1973 constitution. 2 An Amnesty International Report including the Findings of a government to Pakistan, 23 April 12 May 1976, published May all political parties Emupolitical activity banned. - July 1977: general martial law imposed by the Chief of the Army The main opposition to the PPP Mission Martial law remained in force until 8 June 1962. Stall. General ( now President) Muhammad Zia- Haq. came from the National Awami Party (NAP) 1977, page 16. 1 0 PAKISTAN enforce respect for them. theft and robbery by amputation of a hand and In his 5 July 1977 address to the nation foot,. and drinking alcohol by flogging. General Zia-ul-Haq stated: Shari'a courts have been established at the ''My sole aim is to organize free and fair provincial and the federal level, and three paral- Shari'a elections which would be held in October this lel systems of law now operate, with e erosion of fun a ental year [19771. . . I give a solemn assurance that benches functioning alongside military and tra- I will not deviate from this schedule .. . I hold ditional civil courts. the judiciary of the country in high esteem . . . ri ts However . . . if and when Martial Law Orders On 5 July 1977, when the military administratior restoration of democratic institutions under and Martial Law Regulations are issued, they took over and declared martial law, The Laws the 1973 Constitution." would not be challenged in any Court of Law (Continuance in Force) Order stated that the The Supreme Court emphasized that: constitution would be held "in abeyance". The "the new Legal Order is only for a temporary fundamental rights conferred in the constitution The new government released thousands of period, and for a specific purpose ... the Court were suspended. Among the rights suspended political prisoners arrested under the previous has found it possible to validate the extra- were: the right to life; freedom from torture; the administration including the NAP leaders who constitutional action of the Chief Martial Law freedom of thought, conscience and religion; and had been on trial since 1975. In the following Administrator . . . also because of the solemn the right not to be subjected to retroactive laws. months the government also released PPP leaders pledge given by him that the period of con- These rights are guaranteed in Articles 9, 14, 20 detained immediately after the military adminis- / %at stitutional deviation shall be of as short a Ifilek e 14L and 12 of the Pakistan Constitution and are tration took power. It allowed limited political duration as possible, and that during this Begum Nusrat Bhutto, wife of the executed rights which the International Covenant on Civil activity and on 15 September 1977 the state of period all his energies shall be directed towards former Prime Minister Zulfikar Mi Bhutto. and Political Rights defines as fundamental emergency, which had been in force since 1971, creating conditions conducive to the holding freedoms from which no state may derogate, was lifted. On 27 September 1977 Aga Shahi, President Zia-ul-Haq also announced far- of free and fair elections . . ." head of the Pakistan delegation to the United reaching changes to the 1962 Political Parties even in times of a "public emergency threatening Nations, informed the UN General Assembly of Act, changes which were opposed by all political the life of the nation" (Article 4). The Supreme Court judgment set further con- the government's firm resolve to transfer power parties. The Electoral Commission was em- ditions on the legality of the martial law govern- to elected representatives of the people after the powered to refuse registration of any party it con- ment. It specified that the constitution remained October elections. sidered to be critical of the military or of the The legality of martial law the supreme law of the land and that the super- However the government postponed the elec- visory powers of the High Courts, including their judiciary or not based on the ideology of Pakistan. The legality of the imposition of martial law was tions. It stated that former public officials — Most political parties refused to register. power to issue writs of habeas corpus,could not challenged before the Supreme Court by Begum mainly from the PPP — should first be subjected be taken away. The courts would continue to On 16 October 1979 President Zia-ul-Haq Nusrat Bhutto, the wife of the late Prime Minister to the "process of accountability". Charges were have full powers to review the actions of the announced the indefinite postponement of the Zulfikar Ali Bhutto. The Supreme Court of brought against many PPP officials, including martial law authorities and the military courts. elections. All political parties were dissolved Pakistan, in a judgment of 10 November 1977, former Prime Minister Zulfikar Ali Bhutto, who The Supreme Court observed: and all political activity banned. Party offices ruled that the July 1977 imposition of martial was tried for conspiracy to murder. He was were sealed and bank accounts frozen. Total law was legal, calling it an "extra-constitutional sentenced to death by the Lahore High Court - That the superior courts continue to have the censorship was imposed and newspapers which step necessitated by the complete breakdown after a highly controversial trial that aroused the government said had been "working against power ofjudicial review to judge the validity of and erosion of the constitution and moral authority much international concern. His conviction was any act or action of the Martial Law authorities, the interest of the country and poisoning the of the Government of Mr Z. A. Bhutto". How- upheld by a four to three majority verdict in the if challenged, in the light of the principles minds of the people" were closed down. Further ever the Supreme Court upheld the legality of the Supreme Court, and he was executed in April underlying the law of necessity as stated martial law provisions were promulgated and the military government only within certain con- 1979. Many PPP members and sympathizers powers of the military courts to try economic, above. Their powers under Article 199 of the ditions. Applying the doctrine of the "law of were arrested at the time. criminal and political cases extended. The con- Constitution1 thus remain available to their necessity" to the July 1977 bloodless coup it set stitution was amended to prevent the judiciary full extent, and may be exercised as heretofore, On 10 February 1979 General Zia-ul-Haq, strict limits on the actions the martial law authorities from staying, reviewing or annulling or in any notwithstanding anything to the contrary con- who had become President of Pakistan in Sep- could legally take. Its authority to act and pro- other way interfering with the proceedings of tained in any Martial Law Regulation or tember 1978 upon the resignation of President mulgate legislative measures was rcstricted to: Fazal Elahi Chaudhry, announced the intro- military courts, which were then trying many Order, Presidential Order and Ordinance." duction of an "Islamic system". This included a opponents of the government and sentencing "All such measures as would establish or lead (Pakistan Legal Decisions 1977, SC 705). wealth tax (Zakat) and an agricultural tax them to imprisonment and flogging. to the establishment of the declared objectives (Ushr), and the promulgation of a set of severe These constitutional and legal developments of the proclamation of Martial Law, namely. I Article I 99. as then unamended. granted the High Courts restoration of law and order and normalcy in jurisdiction to issue writs of mandamus and injunctions to govern- penalties in accordance with the Shari'a (Is- were accompanied by renewed political arrests. hatwas corpus and to take all other the country, and the earliest possible holding ment Officials. to issue writs of lamic law). Offences such as adultery and for- Their number has increased sharply since the appropriate aetions to enforce respect for the fundamenuil rights nication were to be punished by stoning to death, beginning of 1981. of free and fair elections for the purpose of guaranteed in the Pakistan Constitution. 12 PAKISTAN PAKISTAN 13

Invoking these provisions, the High Courts permits the creation of administrative tribunals Marshal Asghar Khan, the leader of the centrist dependence of the judiciary and proscribes all frequently quashed detention orders and con- exempt from the normal process of judicial political party, the Tehrik-i-Istiqlal, challenging major political parties. It prohibits any challenge victions of political prisoners. They stayed flog- review in narrowly defined areas of civil law. the legality of the martial law administration and in any court to anything done by the martial law gings, executions and other sentences passed by The new Article 212-A greatly extended the of the 1979 constitutional amendment. The government, or to any sentence passed by a military courts when they ruled that due regard scope of Article 212, establishing military tri- petition argued that the military government was military court or tribunal. had not been paid to the rule of law and the bunals for the trial of offences under martial law bound to hold elections within 90 days. and that The PCO voids the Supreme Court ruling of fundamental rights guaranteed by the constitution. "or any other law, including a special law". The the government's actions restricting basic human 10 November 1977, which had conditionally rights and freedoms were not legal. validated the martial law government but res- The November 1977 Supreme Court decision amendment allowed cases to be transferred from The purpose of the May 1980 constitutional tricted its mandate. It came at a time when the which defined and limited the legal validity of the ordinary courts to military tribunals. The civilian amendment was to deprive the higherjudiciary of Supreme Court was about to hear petitions military administration has been consistently courts, including the courts of appeal, could no its powers to review the decisions of military challenging the legality of the military govern- ignored by the government. Four years after the longer hear appeals against verdicts of the military courts, the legality of martial law, or the legality ment and declared null and void all court de- imposition of martial law elections have been courts. The order declared the verdicts of military of provisions issued by the authorities. The High cisions dealing with the legality of the martial law postponed several times and have now been courts final. Courts could no longer give any form of relief, for government or decisions taken by military tri- postponed indefinitely. The directives in the The amendment seriously curtailed the juris- example by granting bail, or hear appeals from bunals. Orders and injunctions made by the Supreme Court judgment have in effect been diction of the higher courts. Martial law legis- political prisoners unjustly detained or convicted Supreme and High Courts relating to decisions nullified by a series of constitutional amendments lation passed in the wake of the amendment by military courts. Despite the amendments of military courts were suspended (Article 15 and martial law provisions passed during the last (Martial Law Order 72) extended the military some High Courts — notably the Punjab and (6)). four years. Described below, they culminated in courts' jurisdiction at the expense of the civilian Baluchistan High Courts — continued to do so the 24 March 1981 Provisional Constitution judiciary and allowed military courts to try a under the powers given to them in Article 199 of Order which marks a major departure trom wide range of civil and criminal offences including the constitution. the rule of law. offences under the penal code. In the months Martial Law Order 77, replacing Martial Law As a result of the March 1981 amendment to following the 1979 constitutional amendment more than one hundred military courts were Order 72 which was promulgated at the same the constitution, no civilian court can review any time, further extended the jurisdiction of the action taken by the military courts or indeed established throughout the country. They started trying civilians, including political prisoners, military courts at the expense of civilian courts. review the actions and legality of the martial law Military courts were given exclusive jurisdiction administration itself. This applies even to the using only summary procedures. Hundreds of people were sentenced to imprisonment and over cases of "treason, subversion, sedition, High Courts and Supreme Court. Respect for sabotage, prejudicial activity and . . . seducing fundamental rights can no longer be enforced in flogging merely for participating in normal poli- tical activities, banned under martial law. members of the armed forces". They were also Judges of the lialuchistan High Court Pakistan and the 1973 constitution has been empowered to try any "contravention of any effectively abolished. The President has as- Presidential Order No. 1 of 1980, promul- Martial Law Order or Martial Law Regulation", Notable among these were decisions by the sumed the power to change the constitution at gated on 27 May 1980, amended Article 199 of and all offences under the Pakistan Penal Code. Baluchistan High Court staying the executions will. The independence of the judiciary — whose the constitution. It restricted the "writ jurisdiction" of death sentences passed by special military judges in the higher courts have an impressive of the High Courts, and barred them from courts. On 2 July 1980 it ruled that the High record of protecting fundamental rights and pre- making "an order relating to the validity or effect Courts could still decide cases challenging venting major human rights abuses — has virtually of any Martial Law Regulation or any Martial The Provisional decisions of military courts: "We would ended. Law Order . . . or anything done, or action taken, Constitution Order 1981 or intended to be done or taken, thereunder". therefore hold that this court has always the The order also prohibited the High Courts from On 24 March 1981 President Zia-ul-Haq pro- power to examine the question whether this court Constitutional reviewing the judgments or sentences passed by mulgated the Provisional Constitution Order has lost jurisdiction after the promulgation of military courts or tribunals, or from taking action 1981 (PCO), which claims to validate every- Presidential Order No. 21 of 1979, and Amendments since against anyone acting with the authority of the thing done by the military government since Presidential Order No. 1 of 1980, including the July 1977 martial law administrators. 1977 (Article 15 (1) and (2)). This order abro- validity of the instruments through which such The order stated that the higher courts' juris- gates the fundamental provisions of Pakistan's amendments were brought about". It then Since July 1977 the following constitutional diction had been removed retroactively, and it 1973 Constitution by presidential decree. Only declared the two latest constitutional amend-. amendments have been passed, which have then declared the 1977 military takeover to be the provisions reiterated in the PCO are retained; ments to Articles 212 and 199 (passed on 16 curtailed the powers of the higher judiciary to legal, as well as all subsequent orders issued by the section defining the powers of the federal October 1979 and 27 May 1980 respectively) to enforce and protect human rights in Pakistan. the military authorities. These included presi- government is included, but the parts concerning be illegal. It described them as "drastic and On 16 October 1979 the President issued the dential orders, chief martial law administration elections, the provincial and federal parliaments fundamental" and outside the mandate of the Constitution (Second Amendment) Order 1979, orders and martial law orders and regulations. and the constitution's fundamental rights pro- military government, ruling that they failed to declared political parties illegal and arrested This constitutional amendment was passed just visions are excluded. Under Article 16 the pass the test of necessity laid down in the many political leaders. The amendment added as the Punjab High Court was about to give President has assumed the power to amend the Supreme Court's 1977 judgment. The court Article 212-A to the constitution. Article 212 judgment on a petition on behalf of retired Air constitution at will. The PCO ends the in- held that the High Courts had retained the 1 5 PAKISTAN PAKISTAN 14

try offences under martial law and the penal By requiring this oath, which bars judges from powers of judicial review originally granted in The Baluchistan High Court had granted an code. Presidential Order No. 1 of 1980 further scrutinizing the actions of the military the constitution, despite the constitutional order on 8 December 1980 staying his extended the jurisdiction of military tribunals at authorities or the military courts, the government amendments passed by the government to the execution, because of grave irregularities in his the expense of the civilian courts, and barred the assured itself of the loyalty of the High Court and contrary. It therefore continued to issue orders trial and conviction. The name of the man he was higher courts from reviewing the actions of the Supreme Court judges. staying the execution of prisoners. charged with murdering was twice changed military courts and administration. High Court The Chief Justice of Pakistan, Anwarul Hag, The PCO has finally removed these powers. during the trial when the alleged victim proved to judges who continued to pass judgments and two other Supreme Court judges, Justice The judiciary can no longer quash detention be alive. As a result of the PCO (which also Ibrahim, criticizing the military courts or the martial law Dorab Patel and Justice Fakhruddin orders of political prisoners under Martial Law prompted the removal of Baluchistan's Chief administration were frequently harassed: for resigned, refusing to endorse the validity of the Order 78 by ruling them illegal. It can no longer Justice Mir Khuda Baksh Marri), the High example, 10 days after the Baluchistan High PCO. They wrote separately to the President set aside summary convictions imposed by mili- Court's order staying his execution was Court's judgment declaring the government's that they were bound by the dictates of their tary courts on political prisoners, or stay flog- suspended and Abdul Hameed Baluch was constitutional amendments illegal each judge conscience. The Chief Justice said: "Any Judge gings and executions as it had previously, usual- executed in Mach Jail, near Quetta, on 11 June was served with a notice alleging irregularities in supporting the decree (ie the Provisional Con- ly on the grounds that military courts did not 1981. his income tax forms. (International Commission stitution Order) is bound to protect the govern- provide adequate legal safeguards to ensure a of Jurists, CIJL Bulletin, No. 6, October 1980.) ment and deny citizens a legal remedy for their fair trial. The Judiciary The PCO of 24 March 1981 has ended any grievances". Sixteen High Court judges report- Since the passing of the PCO Amnesty judicial scrutiny of executive action. It marks the edly did not swear the oath. Among them were at International has been told by many former The 1973 constitution adheres to the principle of virtual end of the independence of Pakistan's least five High Court judges who were not invited political prisoners who have fled the country, an independent judiciary. Both the judiciary and judiciary: to ensure the judiciary's submission to take the new oath. Some of these had allowed and relatives of political prisoners, that they fear the legal profession have played an important the government required the judges of the petitions challenging the legality of actions of the for the prisoners' safety, as they no longer have and active role in protecting the rule of law and Supreme Court and the High Courts to take an military government, among them Chief Justice recourse to the courts. Lawyers — who have been fundamental rights in Pakistan. They have oath to uphold the PCO, rather than the constitu- Marri of the Baluchistan High Court, who was active in the defence of human rights of political resisted attempts by successive governments to tion. Article 17 of the PCO states: responsible for several decisions staying the prisoners in Pakistan — are no longer able to give restrict their independence and curb their powers execution of sentences imposed by special them any professional help. They have advised to protect citizens from human rights violations. "A person holding office as Chief Justice of military courts. relatives that there is no point in approaching the A High Court judge wrote in December 1977 to the Supreme Court . . . shall not continue to By not allowing these five judges to take the courts. This letter, received by Amnesty Amnesty International members informing them hold that office if he is not given, or does not oath, the government has removed them from International in June 1981, is one of many: -My of the release of a prisoner of conscience. make an oath in the form set out in the office. It has bypassed the Supreme Judicial brother has consulted several lawyers of the Declaring the prisoner's conviction by a special Schedule ... A person who has made [an] oath Council, an independent constitutional body High Court concerning filing a writ in the High court to be illegal, he wrote: "You will be glad to as required ... shall be bound by the provisions consisting of the Chief Justice, the two most Court but was told that the recent consititutional know that superior courts in Pakistan have of this Order and, notwithstanding the judg- senior judges of the Supreme Court and the Chief changes prohibit such a legal remedy." always been fully conscious of the importance of ment of any court, shall not call in question or Justices of the provincial High Courts, which The effect of the PCO was immediate. It led to human rights and we have always done our permit to be called in question the validity of provided security of tenure to the Pakistan the execution of two political prisoners. humble best within the limitations of law to any of the said provisions". judiciary. Judges could only bd removed by the Abdul Hameed Baluch, a 21-year-old stu- uphold civil liberty". The judge expressed his Supreme Judicial Council for misconduct, un- dent leader from Baluchistan, had been con- "deep concern for the independence of the The oath, which all Supreme and High Court der the procedure laid down in Article 209(7) of judiciary and for human rights". judges were required to swear on 25 March the constitution which states: "A judge of the 1981, reads: In its 1977 report Amnesty International des- Supreme Court or of a High Court shall not be cribed the constraints on the powers and "That as ChiefJustice of Pakistan (or a Judge removed from office except as provided by this independence of the judiciary imposed by the of the Supreme Court of Pakistan or Chief Article". Since the government has now as- previous administration, particularly under the Justice or a Judge of the High Court for the sumed powers to remove judges under the PCO, Fifth Amendment to the Constitution of province of ) I will discharge my duties, the independence of Pakistan's judiciary has September 1976. The constitutional changes and perform my functions honestly, to the best effectively ended. made by the previous administration restricted of my ability and faithfully in accordance with Introducing the PCO, the President was the power of the judiciary to review executive the Provisional Constitution Order, 1981, and quoted as saying: "A judiciary's job is to actions during periods of emergency, even where the law. interpret the law and administer justice, not to the actions infringed human rights. This trend That I will abide by the Provisional challenge the administration" (Far Eastern continued after the July 1977 imposition of Constitution Order, 1981. . . " Economic Review, 3 April 1981). martial law. Abdul Hameed Baluch The Constitution (Second Amendment) victed of murdering a recruiting agent by a Order 1979 established a system of military special military court and sentenced to death. :tuns parallel to the civilian judicial system to PAKISTAN 1 7

stration against the death sentence passed on and Workers Party), the pro-Islamic Jamiat Zulfikar Ali Bhutto, and sentenced to one year's Ulema Islam and the traditionalist Muslim imprisonment and 15 lashes. Rearrested on 4 League. No sector of society has been immune: April 1979 for similar reasons, he was again former members of the National and Provincial flogged and imprisoned. He was released after a Assemblies, party leaders, party workers, law- year but rearrested on 14 June 1980, this time yers, students, journalists, trade union officials, olitical i rison ent accused of "publishing and distributing objec- doctors, teachers and others have all been ar- tionable literature" under Martial Law Regu- rested. Most have been detained for belonging to lations 13 and 33. By April 1981 he was still in a political party, making a political speech, It is difficult to give a precise estimate of the Political prisoners arrested in large-scale Camp Jail, Lahore, waiting for his case to be attending a party meeting or demonstration, number of political prisoners held at any one operations have generally been released after a heard by the summary military court. Amnesty possessing political literature, printing party mem- time because the pattern of political imprison- few weeks or months. However they have often International received a report that he was bership cards, or for merely demanding the lifting ment in Pakistan is one of arrest, imprisonment, been harassed or rearrested after their release, tortured while being interrogated in Lahore Fort, of martial law and the restoration of fundamental release and rearrest. Imprisonment may last under martial law provisions allowing detention but has not been able to verify this. A habeas rights: all normal political activities which are from a few weeks to several years. Amnesty In- without trial and prohibiting all political activity. corpus petition filed on his behalf in the Lahore proscribed under martial law. ternational considers most political prisoners to Mohammed Amin Bhatti, 31 years old, is the High Court was dismissed. Amnesty Inter- Amnesty International believes such acts are be prisoners of conscience: prisoners who have Chairman of the Pakistan Engineering Company national has adopted him as a prisoner of con- no more than the peaceful exercise of the rights of not been involved in violence but are held for (PECO) Workers Union in Lahore. He has been science. freedom of expression or association, as pro- taking part in peaceful political activity, for imprisoned three times and flogged twice for claimed in Articles 19 and 20 of the Universal expressing a political opinion, or for other reasons trade union and political activities. He was first Declaration of Human Rights and as guaranteed of conscience. arrested in March 1978 for organizing a demon- Scope in Articles 17 and 19 of the Pakistan Con- Amnesty International estimates that during the stitution itself. In August 1981 Amnesty Inter- last four years the number of political prisoners national had adopted 75 prisoners of conscience, held at any one time was between several hundred but this is only a small proportion of the large Habib Jalib, a popular poet from Lahore, member of the National Awami Party and and several thousand. Although fluctuating, the number held in Pakistan. Many young and has been adopted as a prisoner of conscience was arrested in April 1976 when the trial of numbers are large: in March 1981 alone 6,000 unknown political party workers or sympathizers by Amnesty International many times. Under the NAP leadership started in Hyderabad political prisoners were reported arrested. Al- have been arrested and tried under summary the administration of Ayub Khan he was Central Jail. At the time, the charge read: though many have since been released, others provisions of martial law in rural areas, without arrested three times for writing poetry: once "You, Habib Jalib, son of Inayatullah, ( i) remain in prison and several new arrests have information reaching international organizations after writing about the killing of Bengalis in were a member of the Central (Working) since been reported. like Amnesty International. Details of their Committee of the National Awami Party Amnesty International knows of no recent treatment rarely appear in the press: nor do these since 1977, ( ii) participated in the Reso- government statistics on political prisoners. When political prisoners or their relatives have access lutions passed on 13th to 15th April 1974, at the government was asked to respond to Am- or financial means to approach the professional Islamabad, in which the saboteurs in Balu- nesty International's open letter to President communities in Pakistan's bigger cities who chistan were lauded as • Valiant Fighters'." Zia-ul-Haq of 26 September 1980, which stated defend political prisoners. He remained in prison until his release in that at least several hundred political prisoners January 1978 and no progress was made in had been arrested during the year, the govern- his trial. Following the dissolution of the ment maintained that "there were only two Arrests since July 1977 NAP, he became Chairman of the small left- political detainees" (Dawn, Karachi, 7 Novem- When the military government took over in July wing Pakistan Proletarian Party and in 1978 ber 1980). A Reuters report of 3 July 1981 1977, it released thousands of political pri- he became one of the leaders of the left-wing quoted foreign diplomats as putting the number soners who had been detained under the previous Awami Jamhoori Etahad, People's Demo- of political prisoners at "between 1,500 and administration. During its January 1978 mission cratic Alliance, which called for elections 2,000". It reported the Pakistan Government as to Pakistan, Amnesty International was informed and democratic reforms. Under the new saying "there are no political prisoners in its that the government had set free 11,109 political administration he has been arrested twice: jails". prisoners. Nearly all were prisoners held under once in 1980 and again in March 1981. He Political prisoners who have been arrested the government of Zuffikar Ali Bhutto but some Habib Jalib was held without trial or charge and released since the July 1977 declaration of martial law had been arrested in the month after the military on 15th August on Independence Day. He is belong to all political parties, including Pakis- coup. However Amnesty International noted the East and on another occasion for writing married and has six children. His family is tan's main opposition party the Pakistan People's renewed political arrests, mostly of PPP mem- a famous poem about his refusal to accept poor and had no financial support while he Party (PPP), the centrist Tehrik-i-Istiglal, the bers. Ayub Khan's constitution. He became a was in priso Pakistan Democratic Party, the National Pro- For example during 1978 a number of jour- gessive Party, the Mazdoor Kissan Party (Peasants nalists went on hunger-strike to protest against 19 PAKISTAN PAKISTAN 18 Ali's article as "a reasonable interpretation- of under General Ayub Khan, but it has been more the situation in the province, but on 29 Novem- 1981 Summary Military Court 10, Karachi, sen- rigidly imposed by the present military adminis- infringements of press freedom. After the closure ber 1979 Ali was found guilty and sentenced to (which tenced Gul Janan Khattak to one year's im- tration than before. Censorship was formally in- of the pro-PPP newspaper, Musawat, one year's imprisonment with hard labour. After prisonment and a Rs3.000 (£.172) fine. and stituted under the 16 October 1979 Presidential closure the Lahore High Court ruled to have Ttr71,s. international protest against his trial and convic- Order banning political activity, and initially been illegal one year later), 150 journalists and dem he was released -on compassionate grounds" some newspapers appeared with blank spaces. press workers were arrested in May 1978. Three four months later. Control over the press has remained strict, and in were flogged shortly afterwards in Lahore Jail on The legal profession has spoken out against July 1981 Raja Zafarul Haq, the Law Minister, the orders of military courts. rer restrictions of fundamental rights under the pre- Lahore was reported to have said that so long as the ban The trial of Zulfikar Ali Bhutto in the ra sent and previous governments. On 1 June 1980 on political activity continued, there could be no High Court, his appeal to the Supreme Court, lawyers called a one-day protest against the May justification for removing censorship ( The Times, and his execution on 4 April 1979, were each 1980 constitutional changes restricting the powers members London, 20 July 1981). marked by hundreds of arrests of PPP of the civil courts to protect human rights. An is one of the many journalists and sympathizers. Many were prisoners of con- Salamat Ali estimated 4,000 lawyers from all over the country science who were sentenced by summary military detained. He was arrested on 13 November attended a meeting held by the All Pakistan Mohammed Ashraf Khattak Gul Janan Khattak 1979 for writing an article in the Hong Kong courts to imprisonment and floggings merely for called: Lawyers Convention in Lahore on 19 June urging clemency for the former Prime Minister or acquitted Mohammed Ashraf Khattak on a charge based Far Eastern Economic Review, 1980. The convention adopted resolutions cal- of: "Propagation of opinion and actling] in a for protesting against his execution. "Baluchistan: an upheaval is forecast". It ap- ling for the withdrawal of amendments to Articles manner prejudicial to the ideology of Pakistan Although many political prisoners were re- peared on 19 October and dealt with political 212 and 199 of the constitution, and urged the and to the purpose for which martial law has been leased in mid-1979, hundreds of members of unrest in Baluchistan. The article quoted des- government to end martial law, release political proclaimed in that they, in furtherance of their various opposition parties were arrested after criptions by Baluchistan's tribal leaders of the detainees and hold elections. During a sub- President Zia-ul-Haq's 16 October 1979 an- common object at Karachi from the month of political options open to them, their call for a sequent procession. 84 lawyers were arrested. nouncement which indefinitely postponed the November 1977 to October 1979 did indulge in "square table conference" of representatives of They were released shortly afterwards. elections scheduled for 17 November, prohibited propagating opinion and acting in a manner pre- Pakistan's four provinces, and their demand for The resolutions were adopted by all four all political activity, and banned all political judicial to the ideology of Pakistan and to the the right to conduct their own affairs "free from provincial Bar organizations and nine lawyers parties. At least 300 political prisoners were purpose for which martial law has been pro- overriding central authority". were arrested in Karachi during a peaceful arrested in the wake of the government's October claimed." demonstration on 21 August 1980 demanding an Shamim Wasti, the General Secretary of the 1979 announcement: they included for example end to martial law and the restoration of civil the PPP leaders Begum Bhutto, Benazir Bhutto Pakistan Workers Federation, was arrested at rights. Teargas and batons were used to disperse Leghari, were and party Secretary General Farooq his union office in Garikhata, Hyderabad, on 17 the lawyers' procession. Thirty-one lawyers Air Marshal ( Retired) Asghar Khan (the leader October 1979 allegedly without charge or war- later arrested in connection with organizing the of the Tehrik-i-Istiqlal), Shah Ahmed Noorani, rant. No reasons were given for his detention and demonstration. Some were released but the govern- and for more than six months his lawyer, friends, and leader of the Jamiat Ulema Pakistan, ment announced that 12 — including Munir A. leaders of the Muslim League. The majority of union colleagues were unable to establish his Malik, Nafis Siddiqui, Mahfooz Yar Khan, party leaders were released during 1980 but whereabouts. A petition challenging his de- Hafiz Lakho and Shaikh Rafiq, held in Karachi some were rearrested, some political party workers tention was heard in the Sind High Court during Central Jail — would be tried by a summary remained in detention, and fresh arrests were March 1980, and the Advocate General of Sind military court under Martial Law Regulations 9, reported. is reported to have said he did not know where he 13 and 33 for violating the ban on political was being held. No further news was forthcoming Mohammed Ashraf Khattak, a 25-year-old activity. On 8 September 1980 the Governor of until 7 May 1981 when Dawn reported that he medical student, and his 61-year-old father, Gul Salamat Ali, rejoining his family after four months Sind stated that they could not be released had been sentenced under Martial Law Regu- Janan Khattak, were arrested on 30 October in jail. "unless the dissident lawyers called off their lation 13 for "delivering an objectionable speech 1979 and detained under Martial Law Order 12 current agitation against the military regime and against the Government- at Rohri Cement-Fac- for 90 days. Mohammed Ashraf Khattak, who gave an undertaking not to resort to any unlawful tory and given seven months' imprisonment. He Salamat Ali was tried on 27 November 1979 reportedly supported the left-wing Sind National demonstrations or public meetings in future" had been tried with another trade unionist. Pir by Summary Military Court 39 under Martial Students Federation, had just returned from (Agence France Presse,8 September 1980). The Bux, by the summary military court of Sukkur. Law Regulations 4, 13 and 15, for "publishing studying at Jalalabad University in Afghanistan: lawyers were released on 30 September 1980, Amnesty International has adopted him as a literature likely to create hatred and disorder his father had been a member of the banned shortly before their trial was due to start. prisoner of conscience. among the people and the provinces of Pakistan, National A wami Party. When 90 days had Former Attorney General Yahya Bakhtiar, Many journalists and writers have been ar- creating hatred and disaffection against the martial expired, their detention orders were renewed. who was the late Prime Minister Zulfikar Ali rested since 1977 for producing articles per- law authorities and provoking the dismember- This happened repeatedly. Both men were held Bhutto's defence counsel, was the only person in ceived by the government as critical. Successive ment of Pakistan". An artillery major acted as ill solitary confinement in Karachi Central Jail Pakistan to have been charged with election- governments have imposed varying degrees of both prosecutor and judge. The prosecution chief tiff many months. Alter 20 months in detention rigging after the March 1977 election, in which Press censorship ever since the Press and Pub- witness, Colonel Abdur Rauf Khan, described without trial they were charged on 15 July 1981 lications Ordinance was promulgated in 1963 under Martial Law Regulation 18. On 19 August 21 20 PAKISTAN PAKISTAN

beginning ofJanuary 1981. During the first week literature for the People's Students Federation, The movement issued a declaration demanding he was a PPP candidate. The trial began in June the immediate lifting of martial law and the 1979 before a special court set up to hear this of January between 45 and 50 alleged PPP the pro-PPP student organization which had supporters, mainly students and journalists, were been preparing to celebrate the birthday of the resignation of President Zia-ul-Haq until a civilian particular case. Important prosecution witnesses government could be established to supervise were heard in his absence. On 31 March 1981 arrested in Karachi. late Zulfikar Ali Bhutto in January. On 30 elections. It met with a wide response, par- the special court found him guilty and sentenced Irshad Rao, the 34-year-old publisher of the September 1981 a summary military court in ticularly among the student community. ( Some pro-PPP Urdu weekly Al-Fatah, and formerly Karachi sentenced him to one year's imprison- him to five years' imprisonment and a fine of of its members have since disassociated them- 100,000 Rupees (£5,300). Hours after the ver- editor of the banned PPP paper Musawat, who ment and 10 lashes of the whip for "printing selves from the alliance.) dict was announced he was arrested by the had been public relations advisor to Zulfikar Ali objectionable literature and creating unrest among Many supporters were arrested after the for- police, served with a detention order and taken to Bhutto, was one of those held. He was arrested the masses and disaffection against the armed mation of the MRD, a number of them lawyers, Quetta Jail. On 9 April 1981 he was beaten up in without warrant by the police on 1 January 1981 forces of Pakistan". In view of the allegations of most detained under Martial Law Order 78. prison and "his wife was handed Mr Bakhtiar's at his Karachi office. His home was raided, ill-treatment, there is serious concern about his health. Amnesty International has adopted him According to one report 200 senior lawyers were blood-stained clothes from the gaol",The ( Guardian, sealed and occupied for 15 days by the police, as a prisoner of conscience, and those arrested arrested in March 1981 (The Nation, 30 May London, 13 April 1981). He was released on 29 who denied his wife and two children access to with him: Wahab Siddiqi, Al Fatah's editor, 1981). Amnesty International has the names of May 1981. the house. On 3 January the government an- Wahid Bashir, the assistant editor; and three 37 arrested lawyers. Since March 1981 Amnesty Members of the Rawalpindi Municipal Labour nounced that it had "uncovered a network in other press workers: Mohammad Aslam, Zamin International has adopted the following as pri- Union went on strike from 12 to 27 August 1980 Karachi which was printing and disseminating Shah and Naeem Arvi. In late 1981 they were soners of conscience: demanding improved wages and working con- subversive and anti-State literature". reported to be still held in police stations in ditions and proper equipment — including gas Mian Mushtaq Ahmad Mahmood Ali Qasuri Karachi. Two calligraphers — Zamin Shah and masks — for sewage and street cleaners. Five Aitzaz Ahsan Khurshid Mahmood Abdus Salim— were sentenced with Irshad Rao union members had died on 5 June 1980, one (Sheikh) Shaukat Ali Qasuri to one year's imprisonment and five lashes. The from gas poisoning while cleaning a manhole in M. A. Gohir Umar Mahmood Qasuri 1101111111S charges against the others are not known. Zafar Gonda! Mushtaq Raj the city, the other four while trying to rescue him. esissull The strike was declared illegal and 18 union From the beginning of January 1981 student Mansoor Malik Hamid Sarfraz leaders arrested. organizations protested against a university or- Abid Hassan Minto Syed Zafar Ali Shah Inayat Masih, the General Secretary of the dinance giving the government control over the Khurshid Hussan Mir Talat Yaqub appointment and transfer of university staff. Rawalpindi Municipal Labour Union, who was Journalists were also arrested when the M RD one of' those arrested, died in custody on 6 Student protests against martial law, press cen- sorship and the ban on political activity have was formed. These included the editor of the left- September 1980. On 2 October 1980, 12 others which had been increased during the year. University colleges wing newspaper Viewpoint, were sentenced by a summary military court in served with pre-censorship orders several times Islamabad to one year's imprisonment and 10 were closed in Multan and Rawalpindi after violent incidents and students have been arrested in 1978 and 1979 on the grounds that the printer lashes under Martial Law Regulations 23 and 36 and publisher had "for some time past been for "rowdyism using derogatory language against in many centres for shouting slogans or taking part in meetings. Some students have been tried causing and are continuing to cause a great threat the administration". Among those sentenced to to the peace and tranquility in the province of Masood under martial law, others detained without trial, imprisonment and flogging were Khalid Punjab" (9 December 1978 order). Its editor, and Mian Mohammed Salim, both sanitary their detention orders being renewed every three 12 months Mazhar Ali Khan who is about 70 years old, had inspectors of the Municipal Corporation, and months to well beyond the maximum been arrested in Lahore on previous occasions Mohammad Azam, a municipal worker. allowed under Martial Law Orders 12 and 78. and was again held. Arrested with him were three Amnesty International knows of many other Between 5 and 10 January 1981 some 30 rank staff journalists — Amin Mughal, Hamid Akhtar trade union members belonging to the People's and file PPP members were arrested in Lahore. Irshad Rao and I. A. Rehman. Mazhar Ali Khan has since Labour Front, the United Union of Pakistan According to press reports they were arrested on been released, but the three journalists remained Railway, the Pakistan Broadcasting Union, and He was held without trial for five months in suspicion of passing "secrets" to "a foreign in detention without trial. In late 1981, I. A. the Punjab Workers Front who have been ar- police custody and reportedly spent the first two- country", under the Pakistan Army Act. A Rehman was held in Bahawalpur Jail, Hamid rested in recent years without warrant, tried by and-a-half months in solitary confinement. Am- number of those arrested were held in Attock Akhtar in Jhang District Jail, and Amin Mughal summary military court under Martial Law Re- nesty International has received allegations that Fort, near Peshawar, and in Lahore Fort, and in Mianwali Jail. They have been adopted as gulations 13, 23, and 33. and sentenced to he was ill-treated in various police stations, and have allegedly been tortured. prisoners of conscience by Anmesty International. imprisonment and floggings. In nearly all cases had to be taken to Jinnah Hospital for neuro- On 6 February 1981 the Movement for the On 14 February 1981, 20 students were ar- they have been denied the right to a lawyer or to surgical treatment. He was removed from the Restoration of Democracy ( MRD), a broad rested in Rawalpindi following violent clashes appeal. hospital, apparently against medical advice. In alliance of nine political parties, was formed. August 1981 he was transferred to Karachi The movement brought together Pakistan's main with the police after a march calling for the - ul- Haq, an end to Central Jail. reportedly serving a three month opposition parties, including the PPP, the Jamiat resignation of President Zia 1981 sentence for publishing "an unauthorized paper". Uletna Islam and the Muslim League, and was military rule, and parliamentary elections within three months. On 16 February, after a week of Political arrests increased dramatically from the Other charges are said to relate to the printing of formed despite the ban on all political activity. 22 PAKISTAN PAKISTAN 23 growing student demonstrations and violence, apprehended in the three weeks after the hijacking imprisonment and flogging for "anti-state ac- to six months' imprisonment by a summary four opposition party leaders were arrested: and held without charge or trial. Although a tivities" and "creating disturbances in educational military court under Martial Law Regulation 18 Maulana Fazlur Rahman, head of the Jamiat number of them, including PPP officials, were institutions". According to a report in the Urdu which bans a wide range of political activities. Uletna Islam, Nawabzada Nasrullah Khan of reportedly released in mid-August 1981 on the language paper Jang, on 18 May 1981 seven Amnesty International is particularly con- the Pakistan Democratic Party, Mian Mehmud 34th anniversary of independence, many political student leaders of the Giya Sind Students Federa- cerned by reports that the relatives of political Ali Kasuri, lawyer and Acting President of the prisoners were still being arrested and held tion were convicted by a military court of"bringing activists have themselves been arrested. In some Tehrik-i-Istiqlal Party, and M. A. Gohir, the without charge. out an illegal procession", and "setting fire to cases the wanted person could not be found, and PPP leader in Multan. On 16 August 1981 the government promul- buses". They were sentenced to imprisonment security forces arrested family members instead. gated Martial Law Regulation 52, dissolving all and between five and 15 lashes; they were Relatives believe they were taken as " hostages". trade unions in Pakistan International Airlines flogged in Hyderabad, Sukkur and Khairpur In other cases relatives who started legal action ( PIA), and arrested at least 17 trade union prisons. on behalf of imprisoned family members — such officials. Union officials put the number arrested A civil disobedience movement against local as habeas corpus petitions — and their lawyers at i 50 ( The Guardian, 18 August 1981). Two taxes in Azad-Kashmir ( the part of Kashmir ad- were arrested. were released shortly after. The govern- ministered by Pakistan) resulted in the arrest of A number of political leaders went into hiding ment announced that it intended to cut out "political workers, students and traders" ac- when the leaders of the political parties involved "corruption and inefficiency", but as far as cording to a Reuters report of 24 August, which in the Movement for the Restoration of Demo- Amnesty International is aware no criminal quoted opposition sources who said that 140 cracy were arrested in February 1981. Among charges have been made against any of those people had been arrested. them were Rana Shaukat Mahmud, a personal arrested. The PIA Chairman, Rahim Khan, a Union sources at a steel mill at Pipri, near assistant of Begum Bhutto, ex-Secretary General retired Major-General, was quoted on 19 August Karachi, claimed that 200 people were arrested of the PPP in the Punjab, and a former provincial 1981 as saying that the latest arrests were on 2 September 1981, and 12 wounded by the minister; and Arif Iqbal Bhatti, the President of directed at "professional agitators" and those police who opened fire after clashes with strikers the Lahore branch of the PPP. In late March and who earned their living from "political activity" demonstrating for full payment of bonuses. No early April 1981 the security forces went to their (Reuters, 19 August 1981). official figures have been given. homes, and when they found that they were not Many students have been arrested in 1981 for there, they arrested their wives. Both women addressing meetings or taking part in demon- Arbitrary Arrests were reportedly released after 10 to 15 days in strations, particularly members of student or- detention in Lahore. Nawabzada Nasrullah Khan ganizations affiliated to opposition parties such Amnesty International is concerned about ar- Dr Zafar Niazi, a member of the PPP and On 24 and 25 February some 100 politicians. as the People's Students Federation (PSF), bitrary arrest and detention under martial law. dentist to the late Prime Minister, went into mainly junior officials of the MRD, were arrested which supports the PPP. Many members of the Many political prisoners are arrested without hiding and then left the country at the time of the in Lahore and other major cities. The arrests in- left-wing Sind National Students Federation warrant, and they are often not told the reasons February 1981 arrests. When the army went to cluded members of the PPP, the Tehrik-i-Istiq- ( SNSF), the Baluchistan Students Organization for the arrest or the grounds for detention. his house on 6 March 1981 to arrest him and his lal and socialist groups. All universities were ( BSO), the National Students Federation (NSF) (Martial Law Order 78 removed the obligation daughter and found that they were not there, they closed after student violence in Karachi, the and the National Students Organization (NSO) to inform political detainees of the grounds for considered arresting his 12-year-old son, but Punjab and the North West Frontier Province. have also been arrested. Some student leaders their detention.) According to political prisoners then arrested his wife instead. She was released Thousands of political arrests all over the have been imprisoned five times since July 1977 released in June 1981 prisoners were served with on medical grounds after several weeks in de- country followed the hijacking of a Pakistan for participating in political activities. A Reuters detention orders several hours after their arrest, tention. International Airlines aircraft on 2 March by a report of 22 March 1981 quoted opposition but these consisted of "cyclostyled pieces of Qayyum Nizami, a PPP member and a group who said they represented the -Al Zul- sources as saying that "more than 1,000 arrests paper, with cyclostyled signatures, which did not former member of the Punjab Provincial As- fikar" organization, reportedly led by Zulfikar of students and activists had taken place in the even have their names and addresses filled in", sembly has been imprisoned for political ac- Ali Bhutto's son, Murtaza. The government has last month of political unrest". (The Guardian, 30 August 1981). tivities four times since 1977. When he was linked the PPP leadership to those responsible More than 100 students were reportedly ar- Political prisoners have even been arrested released after his first sentence of imprisonment for the hijacking, but has so far not produced any rested on 19 May in Quetta. Baluchistan, after leaving the courtroom after having been granted and flogging in August 1978, he was charged evidence for the charge. On 7 and 8 March demonstrations ending in fighting in the provincial bail by the civilian courts. Syed Hasanuddin with "making an objectionable speech". (He had leading members of the PPP were arrested in capital. The demonstrations were said to have Hasan, a student, was charged with taking part attended a PPP meeting.) He went into hiding Karachi. Peshawar. Lahore and Rawalpindi. been organized by the BSO. which campaigns in a student demonstration at a Karachi college and the police raided his home several times. including Begum Bhutto and Benazir Bhutto. against military rule and for greater autonomy on 2 October 1980, protesting against the death When they could not find him, his two brothers, After the hijacking - which led to the release for Baluchistan. at a time of strong opposition to of Nazir Abbasi, a left-wing student leader. He Waheed Nizami and Hafeez Nizami, were of 54 political prisoners demanded by the hi- the impending execution of BSO student leader was granted bail on 3 November by the Karachi rested. They were detained for one week in late jackers many members and sympathizers of Abdul Hameed Baluch. court, but was arrested by the police on leaving 1978, until the court released them on bail. His political parties were arrested. According to On 9 April 1981 a summary military court in the courtroom — it is believed on the orders of wife, Begunl Qayyunl Nizami, was arrested reliable sources 6.000 political prisoners were Dadu, Sind province, sentenced five students to the army. On 7 January 1981 he was sentenced twice while her husband was in prison. In early PAKISTAN 25 24 PAKISTAN

Sind High Court, Meraj Mohammed Khan has reports of such prisoners held in joint military set aside the conviction of Meraj Mohammed 1978 she was held for seven days without charge been rearrested twice. On 16 May 1978 he was and police custody or in military custody, under Khan, a well-known left-wing politician and in Kot Lakhpat Jail, Lahore, with their four- arrested in connection with a strike by journalists the provisions of the Army Act Amnesty Inter- month-old baby. When she was released from leader of the Quomi Mahaz-i-Azadi (National and sentenced under Martial Law Regulations national knows of several political prisoners who, prison she was held under house arrest fdr Liberation Front), who had been imprisoned for 13 and 33 to one year's imprisonment. Although when they asked for permission to contact a several months. She was arrested again on 26 tbur years under the previous government Justice released after two months he was rearrested on lawyer or their relatives, were refused any contact March 1979 when her husband was on trial for Ebrahim said of the pattern of arrests then 28 February 1981. As far as Amnesty Inter- with the outside world, on the grounds that they the second time. Begum Nizami and her baby prevailing: "The common allegation in most national is aware, the grounds for detention have were in army custody. spent two days in Kot Lakhpat Jail, and several not been disclosed. His latest arrest followed the Amnesty International is concerned about these months under house arrest. She was never charged. This account of the arrest of a political establishment of the Movement for the Restoration reports because, in its experience, incommuni- Altaf Abbasi, who had participated in an anti- prisoner is typical of many Amnesty Inter- of Democracy. He has been adopted as a prisoner cado detention facilitates torture. Jam Saqi, a government demonstration was arrested by the national has received. For fear of reprisals, of conscience by Amnesty International. former President of the Sind National Students army on 15 November 1980. His 80-year-old the identity of the prisoner has been deleted. Meraj Mohammed Khan has been imprisoned Federation and a former Joint Secretary of the father, who had witnessed the arrest, brought a The prisoner has been a member of the at least nine times during the past 20 years for defunct National Awami Party, has been held in petition on his behalf which was habeas corpus defunct National and Provincial Assembly. criticizing successive governments. During his incommunicado detention for most of the time heard on 18 November 1980 in the Sind High He was arrested in April 1981, at home, previous terms of imprisonment he was able to since his arrest on 10 December 1978. For Court in Karachi. Two days later the father was during the night. present petitions in the High Courts challenging months his relatives tried to establish his where- reportedly arrested; he died on 25 December the legality of his detention or of his trial in abouts. They presented three habeas corpus ... armed men entered the house, beat 1980 in Jinnah Hospital, Karachi, while still in camera and conviction by a special court. How- petitions, but on 28 December 1978 the police up the attendants including the maids. custody. Without instructions from the father, ever as a result of the constitutional amend- told the court that they could not produce Jam habeas Then they forced their entry in the lawyers could not proceed with the ments passed since 1977, in particular those of Saqi because he was in army custody. bedroom of ... (the sister of the person corpus petition. November 1979 and March 1981, the civil For three months, his whereabouts remained wanted for arrest) and threatened to kill Amnesty International has learned of several courts no longer have the power to enforce unknown, but on 7 March 1979 the Sind High her unless she produced her brother. lawyers who have been arrested after starting respect for fundamental rights or to question the Court made an order that his lawyer and a friend And when she picked up the phone to legal proceedings to defend political prisoners. legality of anything done by the military courts or were to be allowed to see him in jail. They were the President of the Pro- ring up her husband, they broke the Mian Bashir Zafar, the martial law authorities. There is no legal allowed to meet him but prohibited from dis- phone and started beating her up with a gressive Lawyers Association was arrested at scrutiny to check the arbitrary powers of arrest cussing the case against him. A petition brought cane. Her mother meanwhile entered the beginning of March 1981 and held in de- and detention which have been assumed by the in the Sind High Court by his lawyers in March the room and tried to save her daughter tention in Kot Lakhpat Jail, Lahore, under military administration since 1977, and reports 1979 stated: Martial Law Order 78, after filing a habeas and she was also beaten up. of arbitrary arrest and incommunicado detention "That the detainee informed us that on 10.12.78 corpus petition in the Lahore High Court on ... was arrested without any warrant of have sharply increased since the Provisional he was arrested by the Hyderabad Market behalf of Farkhanda Bukhari. When the court arrest and the house was ransacked, Constitution Order was promulgated in March Police . . That Jam Saqi has been all along was asked to allow Farkhanda Bukhari's lawyer damaged and searched without any search 1981. A recently published account presented kept in solitary confinement and handcuffed all to appear to plead her case, the Advocate- warrant either. Since then, he is in by Taj Mohammad Langali, a Pakistan lawyer, the time and that whenever he is taken outside, General, Punjab, objected in the following terms: solitary confinement in ... he is denied described its effects: he is blindfolded and as such he could not say " the production of the counsel to argue the case the right to meet his family .... Since his "For the first time, we had no longer recourse as to what places he is being kept in custordy would defeat the object of detention". Two other arrest, he is in police-cum-army custody to the courts . . The courts used to have the That more than three months have passed and lawyers acting on her behalf, one of whom was without any charges having been framed right to look into the charges and the material still no charge has been framed against him nor Abid Hassan Minto, were subsequently also and has not been produced before any on which people were detained. We had no is he produced before any Court, Civil or arrested, according to reports. ordinary court of law. Such a prolonged redress to any legal forum whatever, so much Military for the purpose of taking his remand Many political prisoners have been arrested at remand to police custody even by a so that the gaol authorities had instructions and/or recording his statement . . .. That Jam night by uniformed police officers and army military tribunal is unprecedented. Un- not to release us, even if the detention order Saqi is in solitary confinement for the last three personnel, sometimes in plain clothes. Reasons der the circumstances we apprehend had expired, unless they got a telephone call months without being informed as to what for the arrest, often made without warrant, have that there is a threat to his life . . .". from the martial law authorities". offence is alleged against him and that he has frequently not been given. In a number of cases (The Guardian, 30 August 1981) complained of great mental torture and agony officials have refused to give details of the whereabouts of political prisoners for several cases of detention is that the detainee was ( Constitutional Petition No. 193 of 1979 in the months. Particularly since January 1981 Am- Incommunicado Detention arrested without warrant and his whereabouts High Court of Sind) nesty International has received dozens of ac- not made known to his family members. I can Many political prisoners are held in incom- counts of such arbitrary arrests. only hope that in the new tomorrow the powers municado detention, sometimes for long periods. Amnesty International has received reports that that be will be more sympathetic to its political Arbitrary arrests and detentions were also Since the beginning of 1981 Amnesty Inter- Jam Saqi was tortured while he was held in opponents". frequent under previous administrations. On 28 national has received an increasing number of solitary confinement. It was not until 2 April November 1977 a judge of the Sind High Court Since his release in November 1977 by the 27 PAKISTAN PAKISTAN 26

an interview with her lawyer. On 18 January the reported to have produced a document stating 1979 that he was produced before the Lahore exchange for the hostages taken by the hijackers that Altar Abbasi had been released on 18 Khan, a Lahore High Court ordered "the detainee has High Court, and he confirmed that he was still on 2 March 1981. Sardar Mazhar Ali November 1980. However he was never pro- former member of the Punjab Assembly and a not been produced in spite of clear direction being held in incommunicado detention. The given by this court ... the State was not justified duced before the Sind High Court, nor was he member of the PPP Provincial Committee was government stated that he was held under the in withholding production of the detainee." The released until four months later. He was held arrested on 6 January 1981. He said in a Army Act and the Official Secrets Act, and in Advocate-General of the Punjab appealed on incommunicado in army custody for the entire statement after his release on 13 March 1981: habeas corpus petition was August 1979 Amnesty International was in- behalf of the government against the order arguing time and, when the formed that he was still in solitary confinement. "At Attock Fort I was put in an underground that since the detainee was "arrested under the being presented, was reportedly tortured. On 1 November 1979 the authorities stated cell of 6 feet by 4 feet with the floor covered Army Act, the High Court had no jurisdiction to Amnesty International believes that the "that he was not held in confinement but ar- with wet sand and no window or ventilator. In entertain a habeas corpus petition under Article methods described, the denial of the remedy of rested under Martial Law Orders 4, 18, 30 and the pitch dark cell the only furniture was a 199 of the constitution" (Dawn, 27 January habeas corpus to political prisoners, and the Section 465". In late 1981 Jam Saqi was still in commode and I was given two stinking blankets 1981). On 21 February 1981 the Lahore High incidence of incommunicado detention, amount with five prison, and he was being tried in camera for a bedding. I spent my entire period of Court ruled: "the court has and will continue to to an established pattern of arbitrary arrest others before a special military court inside captivity at Attock Fort in solitary confine- have jurisdiction in the matter until a decision and detention which violates the minhnum Karachi Central Jail. None of the accused has ment in this cell which was more of a grave has been taken to institute proceedings before a standards laid down in international human been allowed to contact a lawyer or relatives, and than a cell." Court Martial and the person has been formally rights law to protect the rights of prisoners. one, Nazir Abbasi, died in incommunicado de- Article 9 of the International Covenant on Civil He also stated that at no time during his detention charged under the Act" (Judgment, Lahore High tention in August 1980. In April 1981 Amnesty and Political Rights states: was he told of the charges against him. Court, in writ petition No. 73 of 1981). But the International was informed that Jam Saqi was on authorities refused to bring Farkhanda Bukhari Dr Aslam Khan Naru, a chemistry pro- "1. Everyone has the right to liberty and hunger-strike. According to reports which Am- to court, and stated that "the concerned authorities fessor and a member of the Central Committee of security of person. No one shall be subjected nesty International has not been able to verify, he could not be contacted". While she was held the PPP was arrested on 7 April 1981 and taken to arbitrary arrest or detention. No one shall was sentenced to 10 years imprisonment in incommunicado, she was, according to press to Lahore Fort. He was denied any contact with be deprived of his liberty except on such 1981. on unknown charges, and was again tortured. reports, being tortured in Lahore Fort. his relatives and lawyers. On 30 June 1981 he grounds and in accordance with such pro- Two-and-a-half years after his arrest, he was was allowed to meet relatives for the first time, petition presented on behalf cedure as are established by law. reportedly still denied all contact with relatives A habeas corpus after concern had been expressed internationally Abbasi in the Sind High Court proved or lawyers. of Altaf Anyone who is arrested shall be informed, about his incommunicado detention. Dr Naru ineffective while he was held in incommunicado Jam Saqi's wife, Sukham Saqi, died three at the time of arrest, of the reasons for his has not been tried or charged, and the govern- detention in army custody. Altaf Abbasi, who weeks after the shock of his arrest. on 28 arrest and shall be promptly informed of any ment has not, to Amnesty International's know- had reportedly participated in a peaceful demon- December 1978. leaving three children, two of charges against him. ledge, disclosed the laws under which he is being stration against martial law in London on 6 whom have since died. Jam Saqi was not allowed Anyone arrested or detained on a criminal held. October 1980, was arrested in Pakistan on 15 to attend the funerals of his wife or children. charge shall be brought promptly before a November 1980 while on a visit to his family. Mohammad Riaz Khan. a former President of judge or other officer authorized by law to PPP the National Students Federation and a The suspension of During the habeas corpus hearings in the Sind exercise judicial power and shall be entitled to supporter, has been arrested and detained by the High Court, the Advocate-General of Sind is trial within a reasonable time or to release." present government five times. After his third habeas corpus arrest — in the first week of May 1978 — he was Habeas corpus petitions presented in the courts asked to sign a statement making allegations on behalf of political prisoners in recent months against PPP members including Zulfikar Ali have had no effect. Amnesty International be- Bhutto, then on trial. During his eight months' lieves the following examples demonstrate that detention without trial in Jehlum Prison and political prisoners are no longer protected by the Lahore Fort he was denied any contact with remedy of habeas corpus. relatives and lawyers. He was released in Decem- Habeas corpus petitions were presented on ber 1978, when the case against him before the be half of several PPP members arrested between summary military court was dismissed. His 5 and 10 January 1981 in Lahore. During the relatives had not been able to establish his hearings before the Lahore High Court, the whereabouts during the eight months of his government did not reveal the charges against detention. Some 30 PPP members arrested between 5 the prisoners but said they were detained under and 10 January 1981 under the Pakistan Army the Anny Act for "passing secrets to an unfriendly 3 February 1981). The Lahore Act and detained in Attock Fort, near Peshawar, country" (Reuters, and in Lahore Fort were reportedly held incom- High Court ordered one of the prisoners, Fark- arrested on 6 January 1981, to municado. Some were still in incommunicado handa Bukhari, be produced before the court and to be allowed detention in late 1981 but a few were released in PAKISTAN 29

propagating the cause of any political party or by visible representation or otherwise, pro- any politicians by words, either spoken or pagate any opinion, or act in a manner pre- written, or by sign or by visible representation judicial to the ideology or the integrity or the or in any other manner or at any place security of Pakistan, or prejudicial to the whatsoever. purpose for which Martial Law has been pro- D. Arranging, attending or joining any pro- claimed." cession of a political nature." (Maximum punishment seven years' imprison- e la s ment, fine and 10 lashes.) "2. (e) making, printing, producing, publish- ing or distributing directly or indirectly any Although Martial Law Regulation 23 of 19 Nearly all political prisoners are held under have been detained without trial in recent years matter . . . connected with . . . furthering the September 1977 states that trade union activity martial law provisions. for long periods. Among them arc Begum Nusrat cause of any political party, politician or is allowed, the regulation bans all "strikes and Bhutto, the wife of the late Prime Minister, who candidate ... or is likely to cause sensation or lock-outs". Martial Law Regulation 51 of 14 succeeded him as leader of the PPP. By July misunderstanding amongst the people or which June 1981 forbids "agitational activity" by people Detention without trial 1981 she had spent 26 of the preceding 41 is prejudicial to the precepts of Islam or the "in government service" and "in corporation months in detention under martial law provisions; Ideology or integrity or security of Pakistan or service" in widely defined terms: anyone en- The government has wide powers of preventive her daughter Benazir had been detained for 24 public peace or the national interest or which gaging in activity "which is intended or is likely detention both under Martial Law Order 78 of months during the same period. The leader of the tends or is likely to cause disaffection towards to impair the normal functioning or efficiency of 26 May 1980, and under the Maintenance of Tehrik-i-Istiqlal, Air Marshal (Retired) Asghar the Martial Law Administration . . .." any department or office of the government" in- Public Order Ordinance. Martial Law Order Khan, has been detained a number of times (Maximum punishment seven years' imprison- cluding "causing or inciting of strikes or slow 27 limits the period of detention to 12 months. under both the present and previous administrations. ment, 20 lashes and a fine.) movements" may be dealt with " in a summary The martial law orders allow detention without His period of detention since 29 May 1980 Political prisoners are often tried for printing way or his case may be referred to a military trial on vaguely defined grounds: "for the pur- greatly exceeds the maximum 12 months of- political literature, taking part in political pro- court for trial". (Maximum punishment: five pose of preventing him from acting in a manner ficially allowed under Martial Law Order 27. All cessions or undertaking other peaceful political years' imprisonment and five lashes.) On 16 prejudicial to the purpose for which martial law three are among the prisoners of conscience activity, under Martial Law Regulations 4, 5 and August 1981 the government banned all trade has been proclaimed or to the security of Pakistan, adopted by Amnesty International. ( See Ap- 18. union activity in Pakistan International Airlines or any part thereof, the maintenance of peaceful pendix 1.) (PIA), and the penalty for disobeying was put at conditions in any part of Pakistan or the efficient Martial Law Regulation 4 states: a maximum of five years' imprisonment and five conduct of martial law." "(1) No person shall publish, print, circulate, lashes under Martial Law Regulation 52. Martial Law Order 78 incorporated Martial Political activities banned or cause to be published, printed, or circulated The terms of these martial law regulations are Law Order 12 of1977, but removed the obligation to or otherwise be in possession of any pamphlet, so wide that any form of political activity or inform the detainee of the grounds for detention. Political prisoners are often tried by military poster or publication or any type of literature criticism of the government can be punished by Under Martial Law Order 78 the grounds for courts, particularly under regulations banning calculated to promote or attempt to promote imprisonment and flogging after a summary trial. detention " shall not be communicated to the ordinary political activity and criticism of the feeling or enmity or hatred between different Most political prisoners are sentenced to im- detainee". The civilian courts had previously set armed forces: provinces, classes, sects, or religious order." prisonment of up to 12 months, and some are (Maximum punishment; 10 years' imprison- also flogged. Longer terms of imprisonment have aside many political detention orders: for ex- Martial Law Regulation 13 states: ample on 11 December 1979 the Lahore High ment and 30 lashes.) been imposed. For example, Aslam Saghir, the "No person shall, by word, either spoken or driver of Dr Zafar Niazi, ( a prominent PPP Court declared the detention of 13 people under Martial Law Regulation 5 states: Martial Law Order 12 " unlawful" and ordered written, or by signs or by visible representation member and former dentist to Zulfikar Ali Bhut- their immediate release. The court found - the or otherwise, bring or attempt to bring into "1. No person shall organize or convene or to), was sentenced to three years' imprisonment material pertaining to the detention . . . in- hatred or contempt or excite or attempt to attend any meeting, not being a religious on 29 January 1981 for helping deliver political sufficient", (Dawn, 12 December 1979). How- excite disaffection towards the Armed Forces congregation, in an open public place, or pamphlets. He was sentenced under Martial ever such scrutiny of executive action is no or any members thereof." organize or take out a procession, not being a Law Regulations 13 and 33 and has been adopted longer allowed under the PCO. (Maximum punishment: five years' imprison- religious funeral or marriage procession, with- as a prisoner of conscience. Amnesty International believes the provisions ment and 10 lashes.) out the prior written permission of the Martial of Martial Law Order 78 are used arbitrarily and Martial Law Regulation 33 states: Law Administrator concerned. (Maximum punishment seven years' imprison- on a large scale to detain non-violent critics of the "No person shall in any manner whatsoever Military Courts government. Detention orders are usually re- ment, fine and 10 lashes.) directly or indirectly indulge or participate in With very few exceptions, political prisoners are newed every three months, but Amnesty Inter- political activity", Martial Law Regulation 18 prohibits a wide tried by military courts. These courts are not national knows of several people detained for far the definition of which includes: spectrum of political activities. Article 3 reads: only empowered to try military personnel, they longer than the maximum of 12 months allowed "A. Organizing any political party, canvas- "(3) No political party or person shall, by may also try civilians for many martial law by the legislation. offences, including those banning political activity. Many hundreds of political party members sing or campaigning in public or in private, or words, either spoken or written, or by signs or PAKISTAN 31 30 PAKISTAN

Since the promulgation of the Constitution the military courts or the legality of their actions the removal of the requirement to give a ( Second Amendment) Order 1979 they can also must be referred to the Chief Martial Law reasoned judgment in writing. try offences under the Pakistan Penal Code, Administrator, whose decision is final. Under Trials before military courts therefore fall far previously the exclusive jurisdiction of the civil martial law there is no provision for judicial short of international standards to ensure a fair courts. Martial law authorities decide whether a review of the legality of decisions taken by the and open trial. This is particularly disturbing as case is to be heard by a military tribunal or a martial law authorities by any court of law in the military courts are widely used to punish civilian court. Only military courts try cases of Pakistan. peaceful dissent, and often hand down severe treason, sedition, "prejudicial activity" and "seduc- During a mission to Pakistan in January 1978 punishments, including the death penalty. ing members of the Armed Forces", ( Martial Amnesty International delegates were able to Law Order No. 77). attend a hearing before a summary military court. In July 1980 the secretary of the Centre Secret trials for the Independence of Judges and Lawyers, a A number of trials of political prisoners take Summary Military Courts unit of the International Commission of Jurists, place in camera, with the defendants denied requested permission to attend such a trial. access to lawyers and relatives. Some trials take Summary military courts consist of one member Permission was refused by the provincial authorities who need not be a member of the Bar. The place inside prisons. even though proceedings are in principle open to The trial of Jam Saqi and five others is a case accused can address the court and cross-examine the public (CIJL Bulletin, No. 6, October 1980). Meraj Mohammed Khan (see below) witnesses, but only a summary of the evidence in point (see Chapter 6). In late 1981 it was Amnesty International has received disturbing being held inside Karachi Central Jail and few 1 April 1981, stated that they were "involved in need be taken down. The defendant has no right accounts or the way these military tribunals try clandestine printing, publishing and distribution to be represented by a lawyer, and although the political prisoners. The Baluchistan High Court accused may be assisted, this person cannot of subversive and anti-State materials". No in a judgment of 2 July 1980 quoted the case of a address the court directly. These courts can official charges have, as far as Amnesty Inter- student who was accused of having participated national is aware, been published, nor has any impose up to one year's imprisonment and 15 in an illegal procession, a case referred to it by evidence been produced by the government to lashes. In most cases the maximum period of former Attorney General Yahya Bakhtiar. At his substantiate the allegations published in the imprisonment is imposed. No appeal is allowed, trial no witness named the student, nor did any press. The six prisoners have throughout their but there is provision for review by the Zonal identify him. "But the Presiding Officer was trial been denied defence facilities and all contact Martial Law Administrator. helpless. He told the accused student that al- with their closest relatives. They were initially though the evidence did not indicate his guilt he held in complete isolation, but since early March could not do anything as the higher authorities 1981 they have apparently been allowed some Special Military Courts sent down direction that he was to be sentenced contact with other prisoners, but not with law- to one year's rigorous imprisonment" (imprison- Special military courts consist of three people, yers or relatives. ment with hard labour). The Baluchistan High one a magistrate, the other two career army Grave doubts about the fairness of trials held Court observed: "This quality of justice is being officers of the rank of Major or Lieutenant- in camera have been voiced in the past by tried to be provided in preference to the existing Colonel. Amnesty International understands that Pakistan's higher judiciary. In November 1977 courts, and with such sanctity that the judgment the army officers do not need to have any legal the Sind High Court ordered Meraj Mohammed of military courts and tribunals are being sought training. The courts may try all martial law and to be freed, after being convicted by a to be kept above the judicial scrutiny of the Khan penal code offences and impose all punishments, special tribunal in Karachi Central Jail. The including the death penalty and amputation of a superior courts. Such a step is not likely to promote the good of the people". (NLR 1980 court observed: "Publicity in the administration hand; executions or amputations have to be Jam Sagi of justice is one of the surest guarantees of our confirmed by the Chief Martial Law Adminis- Civil Quetta, page 889). details could be discovered. Amnesty Inter- liberties and the court should be doubly vigilant trator. Only a summary of the evidence need be national learned of the trial in March 1981 but against its denial on its own motion." recorded and, if necessary, "may be dispensed This case illustrates thc miscarriages ofjustice the precise dates are not known as the accused The rule of law requires not only that justice with in a case and in lieu thereof an abstract of which are likely to occur when basic legal are held incommunicado. One of those originally be done, but that it be seen to be done. Am- evidence may be recorded" ( Martial Law Order safeguards are suspended. Of particular concern reported to be a defendant, student leader Nazir nesty International is concerned that political 5, 11 July 1977). Cross-examination of witnes- are Abbasi, died in police custody reportedly as a prisoners are tried in camera without the as- ses is allowed. Amnesty International has been the summary recording of evidence, result of torture. Jam Saqi was arrested on 10 sistance of a lawyer. Such practices violate told that decisions are recorded on printed forms the denial of the right to be represented by a December 1978, held incommunicado, and re- accepted standards of international human rights under the heading "guilty or not guilty", and that lawyer, portedly seriously beaten during interrogation. law, in particular Article 10 of the Universal this is sufficient to constitute a judgment. There the absence of the right to appeal to a court Three others accused — Shabir Shah, Professor Declaration of Human Rights which reads: "Every- is no requirement to give a reasoned judgment in of law, Jamaluddin Naqvi and Kamal Warsi — were one is entitled in full equality to a fair and public writing, even in cases involving the death penalty. the fact that judges are career army officers arrested on 30 July 1980. The newspaper Dawn, hearing by an independent and impartial tribunal." Any question relating to the jurisdiction of who are part of the Executive, PAKISTAN 33

Unit (FIU) and the police Special Branch have watched by hundreds of men, women and children been specifically cited. of the place", (Pakistan Times, 18 March Kazi Sultan Mohammed, a PPP member, 1979). The lawyer claimed that after taking up alleged that he was tortured for five days in this case, the police had three times brought o ure, flo in 5 a utation Lahore Fort after his arrest in March 1981. He charges against him. was pressed to confess to being a member of the Such reports are now difficult to publish in the Al Zulfikar organization — which had claimed strictly censored Pakistan press. Most of the an stonin to eat responsibility for the hijacking of an aircraft on 2 reports received by Amnesty International in March 1981 — and to having acted under the 1981 are signed statements written by released deprivation of sleep for up to five days and instructions of Benazir Bhutto, the PPP leader. political prisoners or affidavits submitted by Torture their lawyers. deprivation of food and drink for up to 36 He alleged that he was held over a ledge and told Amnesty International has been able to ex- Amnesty International possesses detailed reports hours. that he would fall to his death unless he "con- amine several released prisoners. One alleged showing that torture is systematically practised Political prisoners are tortured in the following fessed". He also said that he was not allowed to in Pakistan. sleep for 48 hours, and was made to stand with that in 1978 he was tied, standing, to a pole with places: Lahore Fort, known as "Shahi Fort", ropes around his neck, wrists and ankles, and Since the present government took power where since 1978 a group of army officials have his hands above his head for several hours at a was repeatedly beaten with fists, batons and specific allegations of ill-treatment and torture of reportedly supervised the interrogation of political time. According to the report "this torture was (The Guardian, leather straps until he lost consciousness, then political prisoners have reached Amnesty Inter- detainees; Attock Fort and Warsak army camp presided over by army majors" revived with water, when the beating began national: they started in 1978 and have in- near Peshawar in the North West Frontier London, 22 August 1981). again. He was also repeatedly burnt with cigaret- creased since the beginning of 1981. The reports Province; the Lahore police headquarters of the In January 1981 Amnesty International was tes. The medical examination concluded: charge both the army and the police and the more Criminal Investigation Agency in the Choona- told that students were being tortured in many recent reports identify the army. They come Mandi area in the Punjab, the military interrogation police stations; the students named police stations "that the history which he has given of injuries from all parts of Pakistan and are both grave and centre at Malir Cantonment and Clifton Police in Islamabad and Rawalpindi, and Clifton Police received by torture while in detention in consistent. They include allegations that 10 Station in Karachi, Much Jail in Baluchistan, in Station, Ferozabad Police Station and Frere Pakistan in 1978 appeaiss to be fully cor- prisoners, including three political prisoners, Bala Hissar Fort, Peshawar, and other places Police Station in Karachi. On 25 February 1981 roborated by scars found on his body". died under torture between January 1980 and including police stations all over the country. the People's Student Federation, which supports August 1981. Amnesty International has des- the PPP, stated that 11 student leaders and other Another prisoner examined by Amnesty In- cribed in earlier reports torture practices under government critics had "started a hunger-strike ternational reported being tortured by army previous administrations.' against their alleged `torture and continued de- personnel in 1981. Among the allegations were Since July 1977 most of those allegedly tor- tention without trial". They demanded "trans- beatings on the head with leather straps and tured have been students, political party workers, fer from cells in local police stations where the cigarette burns on several parts of the body. The trade unionists, and also journalists and lawyers torture was alleged to have taken place to what medical report describes: belonging to political parties. For the first time they saw as the relative security of the city's Amnesty International has received reports of Central Jail" (Reuters, 25 February 1981). "there are regular discoid scars 7mm across women political prisoners being tortured. Several allegations of torture have been re- still reddish in colour and somewhat depressed The reports specify the following torture methods: ported in the Pakistan press: for example on 24 below the surrounding skin, and, a few centi- March 1980 the Lahore High Court ordered the metres higher up, similar but more superficial hanging prisoners suspended from the ceiling, release of Mohammad Ikram and his father and less red scars . . .. The symmetry of sometimes upside down, for many hours Mohammad Asghar, who had been taken into distribution of the scars leaves no doubt that and beating them; custody when he went to the police station to they are the result of intentional injuries. The severe and prolonged beatings, including on inquire about the whereabouts of his son. The regular round shape and the size of the scars the soles of the feet, around the ankles, on Lahore High Court ruled that the two men were strongly suggests that they are the result of the knees and on the head; held " in illegal confinement" by the Station burns caused by lighted cigarettes". electric shocks; Lahore Fort House Officer of the Model Town police station, burning the body with cigarettes; The report concludes: During 1981 dozens of detailed allegations and ordered their release after hearing whabeas placing the prisoner on a wooden bench reached Amnesty International naming indi- corpus petition. The court observed that "Moham- "the scars . . . are so strongly suggestive of fitted with wooden rollers which are forced viduals tortured in police and army custody. mad Ikram was severely tortured by the police being caused by torture that they should be over the upper legs; Political detainees have been held in army cus- for which the bailiff got a medical report from the accepted as confirmatory evidence". pulling out hairs; tody or in joint custody with the police according civil surgeon", (Pakistan Press International, subjecting prisoners to continuous loud to recent reports. The army's Field Investigation 24 March 1980). In another published account a Amnesty International has full medical evidence noise; lawyer alleged that a woman "was hung upside on these cases. However it cannot reveal further 1 An Amnesty International Report including the Findings of a down on a tree at the premises of a police station details for fear of reprisals against the victim's threats of execution and threats to the Mission to Pakistan, 23 April-12 May 1976. Chapter 6 and safety of relatives; Appendix C. and beaten up. This awe inspiring spectacle was family. 34 PAKISTAN PAKISTAN 35

Rashid Ahmad Khan, a journalist and former soldiers reportedly beat him with sticks on his Altaf Abbasi was one of the 54 political Medical certificates issued by the civil hospital Deputy Editor of the newspaper Sada-E-Watan, back and the soles of his feet, deprived him of prisoners released from jails all over Pakistan on in Karachi and the District Hospital Thatta Lahore, was arrested on 8 November 1978 sleep for long periods, and denied him food for up 14 March 198 l in exchange for the hostages "reportedly confirmed the allegations of the without warrant. He was told that he was charged to 36 hours. The petition presented in the Sind taken by hijackers two weeks earlier. Amnesty violence" (Dawn, 11 May 1981). with having "written, produced and distributcd High Court on his behalf in 1979 followed the International has received allegations of torture Nasira Rana and Begum Arif Bhatti, the wives leaflets against the military government and one known meeting his lawyers were allowed concerning 16 of the 54. of PPP officials who had gone into hiding, were against the military in general". Between 8 with him in jail. Some of the students, journalists, and political "subjected to electric shocks and were sexually November and 23 November 1978 he was held "he was arrested by the police and then his party workers who were arrested in the first molested" in Lahore Fort (New Statesman, at the office of the Field Investigation Unit in custody was given to the army officers when weeks of January 1981 in connection with pre- London, 4 September 1981). According to the Lahore and at the Lahore office of the Criminal he was kept for about 10 days there in solitary parations to mark the late Zulfikar Mi Bhutto's same press report Farkhanda Bukhari, another Investigation Agency. He reported that he was confinement and was beaten mercilessly with birthday have reportedly been ill-treated and PPP member, was also tortured. The wife of an shown torture equipment, including electric shock the result that his wounds could not be cured tortured. Several were seriously beaten during ex-minister was also tortured in Lahore Fort by machinery, and was hung by his arms, and later for about one month until extensive medical interrogation — some could hardly walk — and having snakes put in her cell ( The Guardian, by his ankles, while being beaten with rubbei aid was given to him". (Constitutional Petition given electric shocks. One received treatment in London, 30 August 1981). Two young women covered instruments until he lost consciousness. No. 193 of 1979 in the High Court of Sind) a Karachi hospital, and most were still in de- members of a political party reported torture in His hair was pulled out, and he was thrown with In March 1981 Jam Saqi was reportedly being tention in late 1981. Lahore Fort in 1979. During the 14 days they his head against a wall. On 13 December 1978 tried by a special military court inside Karachi Qamar Abbas, a lawyer from Peshawar and were held in Lahore Fort they were denied any he was sentenced sixto months' imprisonment and Central Jail, together with Professor Jamaluddin former secretary to Begum Nusrat Bhutto, was a fine, on charges relating to the distribution of contact with their relatives. They reported: Naqvi (Professor of English Literature, Urdu one of the many PPP members and sympathizers political leaflets. but a writ petition before the College, Karachi), Suhail Sanghi (journalist, arrested in March 1981. According to a press "In Lahore Fort we were kept in separate cells Lahore High Court resulted in his release in Daily Sind News), Kamal Warsi, Badar Abroo, report he was taken to hospital in Peshawar in the which were very dirty and we were constantly January 1979. Shabir Shah and Amar Lal, all arrested on or first week of April 1981 with "serious injuries". freezing . . . we were constantly watched by One released prisoner interviewed by Amnesty around 30 July 1980. The accused have been policemen and military personnel. For three (The Guardian, London, 13 April 1981). He International described being blindfolded and denied visits from relatives and lawyers through- was held incommunicado and rumours circulated to four days we were prohibited to sleep ... we tied to a bed. A metal object was applied to out their trial. Amnesty International has received that he might have died under torture. Two of his were abused by military personnel ... we were various parts of the body "causing searing pain". allegations from various sources that several of relatives were apparently allowed to see him tortured in various ways: we were beaten The symptoms described correspond to those of the accused were tortured after arrest. They were after the international press reports, but no visits during interrogation, we were handcuffed and victims of electric shocks. still in incommunicado detention in late 1981 have been allowed since. Amnesty International we had bar fetters at our feet, one of us Several torture testimonies received by Am- and further details could not be obtained. cabled the government on 13 April 1981 asking received electric shocks." nesty International identify the army and police Altaf Abbasi was denied all contact with the it to investigate these reports. On 5 August it was officers who inflicted or supervised the torture. Amnesty International has been asked not to outside world from his arrest on 15 November informed by the government that "he was not Signed statements from released prisoners show divulge further details. 1980 in Karachi to his release in March 1981 subjected to any torture" and that "he was that they were arrested without warrant, in most from Attock Fort. According to his detailed shifted to the hospital for a medical check-up and cases without being informed of the charges statement he was held at Karachi Cantonment, a qualified doctor found him fit and his body did Deaths in custody against them, and that in nearly all cases, they Kalim Mahmood Road, between 16 November not show any signs of violence". His health were denied all contact with lawyers, relatives, At least 10 prisoners died in custody allegedly as 1980 and mid-December 1980, and was tor- continues to give rise to anxiety as reports from and friends throughout the period of interrogation a result of torture and ill-treatment between tured at night by being made to hang by his several sources state that he was tortured under when they were tortured. Some were told: "no- January 1980 and August 1981. Three were hands from the ceiling, and then upside down by interrogation at Warsak Camp, near Peshawar. body knows where you are". Habeas corpus political prisoners: Nazir Abbasi, Kalu Brah- his ankles, while being beaten. He said that he He was allegedly suspended from a bridge and petitions brought by relatives have in several mani and Inayat Masih. developed internal bleeding. A loud high-pitched repeatedly submerged in the water below. In late cases been ignored. Prisoners were only brought Nazir Abbasi President of the Sind National noise was transmitted through microphones placed 1981 Qamar Abbas was still in detention with before a magistrate after their interrogation had Student Federation, 25 years old, and reported over his ears, and, on one occasion, he said he no regular contact with the outside world, and ended, or after they had signed the statements to be a member of the banned Communist Youth was given electric shocks. He said that he was Amnesty International had not yet received the their interrogators wanted them to sign. One League, died on 9 August 1980 in military not allowed to sleep for four consecutive nights, medical reports it requested from the govern- prisoner who refused to sign a "confession" custody in Karachi. He is reported to have been and that he was threatened with death. His ment in August. under torture had his thumb prints taken by arrested on 29 July 1980 with four others — interrogators wanted him to sign a long statement, force. In Amnesty International's experience, During the last two years Amnesty Inter- Ghulam Shabir Shah, Ahmed Kamal Warsi, which he was not allowed to read. Altaf Abbasi national has, for the first time, received reports Professor Jamaluddin Naqvi and Suhail Singi torture is facilitated when political prisoners are said that he was never brought before a court, but held without legal safeguards in incommunicado that women have been tortured. Mst. Safooran, a — on charges of "indulging in clandestine and an official report stated: -He made a confes- detention. mother of six, was taken into custody in con- subversive activities". When his family received sional statement to the fact of his involvement in nection with a murder case. According to the his body for burial it had multiple wounds. The AfterJam Saqi's arrest on 10 December 1978 anti-State activities in the court of a magistrate press report, " Mst. Safooran was allegedlytor- family say he died as a result of torture and they he was taken to various army camps where on December 24, 1980"(Dawn, 17 March 1981). tured all over her body with butts of cigarettes". petitioned the Sind High Court to disclose the 37 36 PAKISTAN PAKISTAN

case where such proceedings have led to the cause of his death, On 3 September the Sind his death and publish the findings in full, but time back". (Dawn, 29 February 1981). officials named as responsible being convicted: High Court was reported to have dismissed the received no reply. Inayat Masih's wife — also a Kamal Khan died in police custody in Rawal- nor have the findings of the investigations been petition. The provincial government announced municipal worker — was dismissed from her job: pindi Station on 21 September 1980. Four published in their entirety, as it requested. Am- an investigation into this death, but the outcome he left five sons, aged from two to 16. police staff on duty were reportedly charged with nesty International believes that full publication is not known. The Assistant Advocate-General, The following reports of people arrested on murder, and " a judicial inquiry was conducted is an important safeguard against further human Sattar Shaikh, was quoted as saying that "Abbasi criminal charges and who died in police custody into Kamal's death according to which Kamal rights abuses. Relatives who asked to attend post had died of natural causes" (Reuters, 3 Septem- were published in the Pakistan press. was not murdered and he had committed suicide" full report mortem examinations have been denied access, ber 1980). However his family was denied Anwar Ahmad was 18 years old when he died (Dawn, 19 April 1981). However the casting serious doubts on official explanations access to the post mortem examination, and the in police custody on 17 May 1980. He was has not been published. that the prisoners died of " natural causes". post mortem report has, to Amnesty Inter- arrested on 17 May 1980 at his home in Natha Hasan Ali died shortly before 10 May 1981. national's knowledge, not been published. There Khan Goth. He was detained by the Head The Gharo police arrested seven people in were several student protests in Karachi in late Constable Abdul Qayyum, Constable Matloob connection with the murder of Ali Mohammed. Conclusion 1980 calling for those responsible to be brought and Station House Officer Amanat Javed and All were relatives of the murdered man, and they to trial. Reports from several sources have reportedly tortured, dying from his injuries the included Hasan Ali and Mst. Safooran, a mother In recent years Amnesty International has re- ceived detailed reports of torture — in some confirmed that Nazir Abbasi died in military same evening. His relatives complained and the of six. The police "subjected them to various cases ending in death — from a variety of sources custody as a result of torture, and the government Medical Officer's report listed 18 marks of injury forms of torture" (Dawn, 11 May 1981). "It is all over Pakistan. They include signed statements has not provided evidence refuting these al- all over Anwar Ahmad's body. A judicial inquiry alleged that Hasan Ali was so savagely handled from released prisoners and their relatives, pub- legations. was held, and the government have registered a that he had to be rushed to the Civil Hospital, case against one of the police officers, under Karachi, where he breathed his last . . .." lished accounts in the Pakistan press and legal Kalu Brahmani, college student and member Section 302/34 of the Pakistan Penal Code Medical certificates issued by the Civil Hospital, affidavits from lawyers of political prisoners. In of the Sind National Student Federation, died in (dealing with murder committed by several per- Karachi, and the District Hospital Thatta, re- several cases they have been corroborated by Khairpur Natanshah police station allegedly as a sons with a common interest). According to a garding the physical condition of Hasan Ali and medical evidence. Amnesty International con- result of torture and lack of medical treatment. It press report of 30 January 1981 the police Mst Safooran reportedly confirmed the allegations. cludes that the reports are consistent and reveal a is believed that Kalu Brahmani was detained by officers responsible had not yet been arrested On 12 May the District Magistrate of Thatta was systematic pattern of torture in Pakistan. order of the sub-martial law administrator for 30 January 1981). reported to have ordered an inquiry but the political activities in Sind province. Relatives (Dawn, outcome is not known. have identified the two police officers they An unnamed young man was arrested in connection with a theft and taken to the Dajal Fatto Shar, a farmer, was allegedly killed in Flogging believe are responsible for his death, and two police station where he "succumbed to police police custody in Sanghar police station. His police officers were reportedly arrested on 10 torture" and died. The post mortem revealed that father-in-law, Walloo Shar, claimed that the Several martial law provisions provide for flog- February 1980. On 24 April 1980 Amnesty In- "the deceased was not only kept thirsty and Phulhadiyoon police had detained his son-in-law ging and this punishment has been imposed on ternational asked the Minister of the Interior to hungry but also beaten up so brutally that there "some time back for inquiry in connection with many ,political prisoners involved in normal conduct an impartial inquiry into his death, but were as many as 30 marks of violence on almost some theft cases. However, because of heavy political activity. Participating in demonstrations, received no reply. each part of his body" (Dawn, 17 July 1980). beating in the lock-up Fatto died" (Dawn, 4 " raising slogans", "making objectionable speeches", Inayat Masih, trade union leader and General September 1981). Two policemen were reported- taking part in strikes and "having designs to Secretary of the Rawalpindi Municipal Labour Haji Abdul Majid Tareen, a cloth merchant, ly suspended and an inquiry instituted. The chalk out an action plan on the birthday an- Union, is reported to have died in custody in died in Quetta on 5 August 1980 while in nature of the inquiry and its outcome are not niversary of the late Z. A. Bhutto", are all Rawalpindi Hospital on 6 September 1980. police custody. Relatives allege that the cause known. offences under martial law which have been Inayat Masih was arrested in August 1980 of death was torture; the police state that he died punished by imprisonment and flogging. during a strike by the Rawalpindi Municipal of heart failure. His death led to vocal protests in Articles 9 and 10 of the United Nations All Persons Flogging is usually imposed on political pri- Labour Union demanding improved working Quetta. Four police officers were reported to Declaration on the Protection of soners by summary military courts which do not conditions after five members had died in the have been arrested under Section 302/34 of the from Torture and Other Cruel, Inhuman or allow the accused to be defended by a lawyer or course of their work. He was arrested at home Pakistan Penal Code, and an army inquiry team Degrading Treatment or Punishment stipulate to appeal. Justice Shafdar Shah, a former judge and reportedly beaten while in custody. Despite established to investigate the circumstances of that whenever there is reasonable ground to of the Supreme Court of Pakistan, has reportedly a kidney ailment he was sentenced to one year's the death. It is not known whether a judicial believe that an act of torture has been committed. ruled that the imposition of flogging by a summary imprisonment with hard labour by a special inquiry has been ordered, or whether the out- there shall be "an impartial investigation": if the military tribunal is unconstitutional and con- military court for his involvement in the strike. come of the army inquiry has been published. allegations appear to be well founded "the al- stitutes inhuman punishment. Some floggings On 5 September 1980 he was admitted to Nasim Mehdi Shah. No details about this leged offender or offenders shall be subject to have been prevented by the High Courts, but hospital, where he died the following day. Am- death are known beyond those published in the criminal, disciplinary or other appropriate pro- since the March 1981 Provisional Constitutional nesty International cabled President Zia- ul- Hag Pakistan press. A former assistant sub-inspector ceedings". Order was passed sentences can no longer be on 10 October 1980 expressing its deep conccrn of the Central Intelligence Agency staff from In five of the 10 cases of death under torture challenged in a court of law. about the allegations that I nayat Masih had died Multan, Ch. Taj Mohammed, escaped from reported to Amnesty International, investigations One of the first political prisoners to be flogged in custody after torture. It urged the government custody. He was -allegedly involved in a case of or criminal proceedings have been started. How- was Qayyum Nizami, a lawyer, a former to establish an independent judicial inquiry into torturing one Nasim Mehdi Shah to death some- ever Amnesty International is not aware of any 38 PAKISTAN PAKISTAN 39

member of the Provincial Assembly, Punjab, offences, such as fornication or adultery (24:3). activity that year. sentenced to 15 lashes and one year's imprison- and the Central Information Secretary of the Shari'a ( Islamic) courts impose floggings for However since the beginning of 1981, and ment, and on 4 April 1979, the day of Zulfikar PPP. He was arrested on 12 October 1977 and offences such as abduction, fornication and particularly since April 1981. a sharp increase in Ali Bhutto's execution, he was again sentenced tried the next day before a summary military drinking alcohol, punishable under Islamic law. the number of political floggings has been reported. to 15 lashes. Among the political prisoners court. He was sentenced to one year's imprison- Floggings are also imposed by military courts At least 30 were reported in the English language sentenced to floggings in 1978 were two PPP ment and 10 lashes for engaging in political and sessions judges for a number of criminal Pakistan press during the first six months of supporters who were recovering from burns from activities. Without being allowed to appeal he offences including rape, hoarding and trading on 1981. Recent examples include Altaf Tunio and attempted self-immolation: "In certain floggings was flogged on 18 October 1977, and had to be the black market. Shall Sarki, who were convicted under Martial the number of lashes has been increased from the taken to hospital for treatment of his wounds. In the months after the 1977 imposition of Law Regulations 1, 13 and 15 by the summary usual 10 to as many as 28. Of the seven people Qayyum Nizami has been imprisoned four times martial law hundreds of people were sentenced military court in Hyderabad on 4 April 1981 of who set fire to themselves, four are dead, one is in for political activities since the imposition of to flogging by summary military courts for par- "raising objectionable slogans and delivering hospital and two on leaving hospital were sen- martial law. Amnesty International adopted him ticipating in ordinary political activities. "At anti-State speeches" (Dawn, 5 April 1981). tenced to flogging and imprisonment"(Far Eastern as a prisoner of conscience each time. 1978). least 700 supporters of Mr Bhutto's People's They were sentenced to one year's imprisonment Economic Review, 3 November Most of the people flogged for political of- Party have been whipped in prison yards for with hard labour, and 15 lashes and five lashes fences are lesser known political party workers offences" ( The Observer, London, 5 March respectively. Both men were adopted by Am- or trade union members whose floggings are not 1978). Political floggings continued during 1978 nesty International as prisoners of conscience. Method necessarily reported to the press. Amnesty Inter- and increased sharply after the 16 October 1979 Haji Jan alias Haji Sarwar, Rizwan Ahmed, national lists 192 political prisoners sentenced According to the Execution of the Punishment of announcement banning all political activity. In Saeed Ahmed, Malik Ansar Ahmed and Manur by military courts to be flogged for non-violent Whipping Ordinance, 1979, the person. ap- the two weeks after the government's announce- Hussain Suharwardi, were convicted by a sum- political activity. The list is compiled from press pointed to do the flogging "shall apply the whip ment at least 200 public floggings were carried mary military court in Karachi on 14 April 1981 reports, mainly in the English language Pakistan with moderate force without raising his hand out on the orders of mobile military courts, which of "creating disaffection against army and for press, and covers the period July 1977 to July above his head so as not to lacerate the skin of the carried the flogging equipment with them. having designs to chalk out an action plan on the 1981. Since many sentences are not published it convict-, ( Article 5 h). Thc stripes are to spread birth anniversary of late Mr Z. A. Bhutto" is far from complete. Flogging is being widely over the body of the convict. but are not to be Floggings continued in 1980 and 1981. Statis- (Dawn, 15 April 1981). They were sentenced to used to silence political dissent; "it is doubtful applied on the head, face, stomach or the delicate tics compiled from press reports show that at six months' imprisonment with hard labour and whether there is any justification for this under parts of the body of the convict ( Article 5j). A least 155 prisoners were sentenced to be flogged 10 lashes each under Martial Law Regulation Islamic law" (International Commission of doctor is to be present, and before being whipped, during 1980, mainly for criminal offences. Am- 13. On the same day a summary military court in 1979, p.20). the prisoner is to be examined by an army doctor. Jurists Review, December nesty International learned the name of only one Hyderabad tried Ghaus Ali Shah and Abdul Flogging is prescribed in the Quran for certain prisoner sentenced for non-violent political "so as to ensure that the execution of the Sattar Malik under Martial Law Regulations 13 punishment will not cause the death of the and 33 for "inciting students to boycott their 4 convict-. ( Article 5a). 11 classes and raising objectionable slogans" and Amnesty International knows of boys of 16 sentenced them to one year's imprisonment with and men of 60 who have been flogged. Age or ill- hard labour and 10 lashes and five lashes res- health does not prevent floggings from being pectively" (Dawn, 15 April 1981). carried out. The Execution of the Punishment of Political prisoners are usually flogged in jail Whipping Ordinance provides: "(b) If the con- but on 21 April 1981 the President of the rhm. vict is too old or too weak, having regard to the summary military court in Sukkur sentenced sentence of whipping awarded, the number of Hidayat Ali to nine months' imprisonment with stripes shall be applied in such manner and with hard labour and five lashes in public. He had •••• such intervals that the execution of the punish- been convicted under Martial Law Regulation ment does not cause his death". 33 of " raising objectionable slogans against the government and instigating shopkeepers to close Amnesty International has received one re- their shops and trying to take out a procession" port that the young son of a left-wing politician, (Dawn, 22 April 1981 ). Amnesty I nternational Shamim Ashraf Malik, was flogged inside Kot does not know whether the flogging was carried Lakhpat Jail, Lahore, despite a court order sus- out in public. pending the punishment because he was under Mohammed Amin Bhatti, a trade unionist age. He was reportedly 14 or 15 years old at the from Lahore and an Amnesty International time of the flogging. and Amnesty International adopted prisoner of conscience. has been flogged has received reports that he has difficulty in twice for organizing demonstrations to protest walking as a result of the punishment. against the trial and death sentence of former Many political prisoners have lost conscious- Public flogging Prime Minister Bhutto. In March 1978 he was ness while being flogged. They are revived by 40 PAKISTAN PAKISTAN 41 having water thrown over them. Many have had standing and in the case of a female, while she is Amputation has to be carried out by a qualified On 23 March 1981 the Federal Shari'a Court to be carried to hospitals on stretchers. Sher sitting". surgeon under local anaesthetic, in public or in held that the punishment of stoning to death Mohammadwas "subjected to 10 lashes in the Article 5(d) provides: "If the convict is a jail, as directed by the military court imposing (Rajm) was "repugnant to the injunction of Central Jail here ( Sahiwal) . . . He became woman who is pregnant, the execution of the the punishment. The sentence must be confirmed Islam". It directed the government to bring the unconscious on the last lash and shifted to the jail punishment shall be postponed until the ex- by the Chief Martial Law Administrator. Ac- law into conformity with the punishments pro- hospital" (Dawn, 11 August 1981). Losing con- piration of a period of two months after the birth cording to a statement in the foreign press in vided in the Quran, from 31 July 1981. The sciousness means that the prisoner will have to of the child or miscarriage, as the case may be". February 1979 President Zia-ul-Haq said "that government has filed an appeal against the undergo the rest of the punishment later: Article On 1 September 1980 an additional sessions although two sentences of amputation of hands Shari'a court's directives, the outcome of which (5)m states: "If, after the execution of the punish- judge sentenced a married woman, Khadija, and had been imposed under martial law, the penalty is not known. ment has commenced, the authoriied medical a man, Mohammad Nawaz, to four years' im- had never been carried out". The military courts Despite the Federal Shari'a Court's ruling, officer is of the opinion that there is apprehension prisonment and 10 lashes for adultery. This was were reportedly unable to find a surgeon willing one man was recently sentenced to be stoned to of the death of the convict, the execution of the the first case in which a woman was sentenced to to perform the operation. (International Herald death. On 1 September 1981 the additional punishment shall be postponed until the authorized flogging. A woman from Dera Ismail Khan was Tribune, 12 February 1979). district and sessions judge of Karachi, acting in medical officer certifies him fit to undergo the re- reported to have been sentenced to 30 lashes and his capacity as an Islamic judge, sentenced Allah mainder of the punishment". two years' imprisonment (Jang, 25 July 1981). Since the punishment was introduced, 22 pri- soners are known to have been sentenced to Bux,a 24-year-old bus driver from Karachi, to .0. "T.fr Amnesty International does not know whether be stoned to death for adultery committed with these particular floggings have been carried out amputation. Details of their trial and convictions are set out in Appendix 3. The punishments have an 18-year-oldstudent. Both were sentenced but it has received unverified reports from the under Islamic law for "developing an illicit Punjab that women have been flogged there. been imposed by district and sessions judges, Islamic courts, special military courts, a magis- relationship and later marrying", ( The Times, Floggings on political prisoners are usually trate and an Additional Deputy Commissioner London, 2 September 1981). They were also imposed by summary military courts and swiftly General. On 28 April 1981 a sessions judge in sentenced to 100 lashes each but the sentence executed. Many summary military courts sen- Sanghar ordered the "amputation of right hand had not yet been confirmed by the Federal tence political prisoners in the afternoon and the and left leg of the accused. Asghar, on charge of Sharta Court in late 1981. floggings are carried out immediately afterwards or stealing a golden necklace" (Dawn, 28 April Amnesty International regards the punish- the next morning. In the past this prevented the 1981). ments of flogging, amputation and stoning to civilian courts from intervening; the High Courts death as "cruel, inhuman or degrading treatment As far as Amnesty International is aware none often issued orders staying the floggings of or punishment"; as such, they are prohibited of these amputations have been carried out. It political prisoners. Since March 1981 the courts under international law. They are contrary to appealed to the President on each occasion not no longer have the power to prevent prisoners Article 5 of the Universal Declaration of Human to carry out the punishment. from being flogged. Rights and to the United Nations declaration against torture. Article 2 of which reads: Amputations Stoning to death "Any act of torture or other cruel, inhuman or degrading treatment or punishment is an of- Mutilation by cutting off a hand was introduced Stoning to death was introduced as a punishment fence to human dignity and shall be con- as a punishment on 11 July 1977. Martial Law for adultery by the Presidential Ordinance of 10 demned as a denial of the purposes of the Order 5 prescribed the amputation of a hand for February 1979 under the Offences of Zina (En- Charter of the United Nations and as a Journalist Nash- Zaidi, chained to a hospital bed, after theft, robbery and banditry ( armed robbery with forcement of Hudood) Ordinance, 1979. There violation of the human rights and fundamental being flogged in 1978 for "organizing public meetings five or more persons: "dacoity"). On 10 February are strict rules of evidence — there must be four freedoms proclaimed in the Universal Dec- at an open place", "raising slogans", "displaying ban- 1979 the President promulgated a set of orders male Muslim eye-witnesses to the act. laration of Human Rights." ners" and "starting hunger-strike". and ordinances which he said marked the intro- duction of the Islamic way of life. In his address Amnesty International knows of several flog- to the nation he said: "Punishments for theft and gings which were administered in instalments. robbery are laid down in every society, but Islam Mohammed Ashraf was sentenced to 25 years' has fixed relatively harsher punishments which imprisonment and 30 lashes for involvement in are designed to act as a deterrent and also aim at the "dismantling of a railway line". He was given reforming the criminals as far as possible". The 29 lashes, as it was believed he would not survive punishments announced were amputation of the the last one. right hand from the joint of the wrist, and, for a The ordinance provides for the flogging of both second offence, amputation of the left foot up to men and women. Article 5(1): "The stripes shall the ankle (Offences Against Property (Imposition be applied in the case of a male, while he is of Hudood Ordinance, 1979)).

PAKISTAN 43

government property; Martial Law Regulation penalty, as provided by Section 302 of the penal 15. inciting the public to seek the territorial or ad- code, was "repugnant to Islamic injunctions". ministrative dismemberment of Pakistan; Martial While upholding the death penalty itself as an Law Regulation 16, seducing a member of the Islamic punishment, the court ruled that the armed forces from duty or allegiance to the death penalty as provided in the penal code did government; and Martial Law Regulation 34, not allow for exceptions, as is the case under e eat enalt rape. Islamic law, and it was therefore against the Martial Law Regulation 29 prescribes death injunctions of Islam. In cases of murder Islamic as the maximum punishment for hijacking or law allows for a lesser punishment than death if Hundreds of' Pakistani citizens are executed although Shari'a law, introduced in February attempted hijacking, and two men, Said Hussain the convict is insane or if the victim is the every year. A growing number are civilians who 1979, provides for stoning to death. One person and Nazir Ahmed, have been executed for convict's son. If the relatives of the victim settle have been tried by special military courts under has been sentenced to stoning to death but, to attempting to hijack an aircraft after being con- for blood money then the person convicted must martial law. They receive only summary trials, Amnesty International's knowledge, this method victed on 5 November 1979 and 9 June 1981 be freed. The court ruled that its decision would and their executions are carried out without the of execution has not been used. Some people respectively by a special military court under this take retroactive effect from 1 April 1980. The defendants having the right of appeal. Others have been sentenced to be hanged in public. On regulation. On 20 August 1981 the government effect of the Shari'a court's ruling is unclear: have been convicted by civilian courts under 22 March 1978 three men were publicly hanged introduced two ordinances to make hijacking, many people have been sentenced to death on civilian law. The number of offences carrying the outside Camp Jail Lahore, after being convicted abetting hijacking or harbouring a hijacker punish- murder charges under Section 302 by military death penalty has been considerably increased by a military court of kidnapping and murder. On able with imprisonment or death under the courts and sessions judges since the Islamic since the July 1977 imposition of martial law, 13 July 1980 the special military court, Faisala- permanent law of the land: the Pakistan Penal court's judgment. and the rate of executions appears to have risen bad, convicted Khalid Mahmood of murdering a Code ( Second Amendment) Ordinance 1981 since March 1981. The March 1981 Provisional soldier and sentenced him to be hanged in public. and the Suppression of Terrorist Activities (Special Constitution Order (PCO) suspended a number It is not known whether he was executed in Courts) Amendment Ordinance 1981. Such Nu m bers of High Court decisions which had previously public. cases are to be tried by special courts set up The Pakistan government does not publish sta- stayed executions imposed on civilians by military under the Suppression of Terrorist Activities tistics on executions, but it has provided in- courts. Act.2 Five alleged accomplices to the hijacking formation to the United Nations which shows a Among those executed since 1977 were poli- Offences carrying the of a Pakistan International Airlines aircraft on 2 sharp rise in the number of executions since the ticians tried on criminal charges in highly con- death penalty March 1981 have been arrested and were re- military government took power (See footnote, troversial trials. The best-known is former Prime portedly awaiting trial under the new legislation previous page). The death penalty is imposed for a wide range of on 20 August 1981 (Agence France Presse, 20 Minister Zulfikar Ali Bhutto, who was tried on a Sentenced to death Executed charge of conspiracy to murder a political op- offences, including several which are not crimes August 1981). 1974 388 2 ponent. Serious doubts about his guilt were against the person. The penal code prescribes the Islamic laws introduced in February 1979 1975 349 10 expressed by Pakistan's highest judicial body, death penalty for offences under Sections 121 brought in stoning to death as the punishment for 1976 286 41 the Supreme Court, which upheld his death (waging war, or abetting the waging of war adultery, and the death penalty for sexual of- 1977 133 40 sentence on 6 February 1979 by only a four to against the state), 132 ( abetting mutiny), 300- fences, rape or sodomy (Offences of Zina (En- 1978 263 84 three majority. The three dissenting judges ar- 302 (murder), 364-A (kidnapping a person under forcement of Hudood) Ordinance 1979). On 5 gued that Zulfikar Ali Bhutto and his co-defen- the age of 10, if the intention is to murder or July 1981 a man was reportedly sentenced to According to other official statements the dant Mian Mohammed Abbas should have been cause grievous harm), and Section 396 (dacoity, death in Rawalpindi on a charge of "committing number of people executed every year since is far acquitted. On 4 April 1979 Zulfikar Ali Bhutto i.e. robbery by five or more people). The 1975 an unnatural sexual offence on a boy" (The higher. On 1 March 1979 General Zia-ul-Haq was executed even though no execution had Explosive Substances (Amendment) Act of 1975 Times, 6 July 1981). This was the first death reportedly stated that "nearly 400 people had ever before been carried out on the basis of a allows the death penalty for keeping or using penalty known to have been passed by an Islamic split decision of the Supreme Court. Four explosives. Certain other offences are punishable court for rape or sodomy. Such sentences have to been hanged in Pakistan during the last 18 members of the federal security force, alleged by death in Pakistan's provinces'. be confirmed by the Federal Shari'a Court. months". On 8 February 1979 the then Law to be his accomplices, were also executed. Many martial law regulations issued since Amnesty International does not know whether Minister, A. K. Brohi, was quoted as saying that - about 800 people are hanged in Pakistan yearly". In 1981 two more men were executed for July 1977 provide for the death penalty. These this sentence has been carried out. The first politically motivated offences. On 9 June 1981 are: Martial Law Regulation 7, for dacoity sentence of execution by stoning for adultery ( robbery committed by five or more people); under the Offences of Zina (Enforcement of 2 The burden of proof in these special courts has been changed Nazir Ahmed was executed after being convicted and the normal rules of procedure laid down in Article 24 of of trying to hijack an aircraft in 1978 and on 11 Martial Law Regulation 9, attacking or injuring Hudood) Ordinance, 1979, was passed on 1 the Evidence Act do not apply. Amnesty International has June 1981 student leader Abdul Hameed Baluch members of the armed forces; Martial Law September 1981. observed: "Special Courts have based a number of convictions Regulation 10, damaging or interfering with solely on confessions made by the accused to the police, was executed after a controversial military trial. In September 1980 the Federal Shari'a Court allegedly obtained under coercion and later retracted in court Both executions were prompted by the promul- — established by the government to rule on . . .. Under these circumstances, the act contains wider gation of the PCO. I Information provided by Pakistan to the United Nations, whether existing civil or criminal laws contradict potential for misuse for political ends by the authorities". Secretary-General's Report. United Nations Economic and Social (Islamic Republic of Pakistan, an Amnesty International All executions are carried out by hanging, Council En 980/9/Add.3, 29 July 1980. Islamic codes of law — held that the death Report, May 1977, pages 46-47.) 44 PAKISTAN PAKISTAN 45

The Home Secretary of the Punjab recently 1979). Two political prisoners were executed after the PCO. The newly constituted Baluchistan stated that "there were 1,250 condemned prisoners Amnesty International is particularly con- the PCO was passed. High Court dismissed the previous stay orders in death cells" in the province (Dawn, 23 August cerned that the last legal safeguards against Nazir Ahmed was tried by a summary military but allowed an appeal to the Supreme Court. 1981). Unofficial sources have confirmed the miscarriages of justice have now been removed court for unsuccessfully attempting to hijack an Before the Supreme Court had heard the appeal, sharp rise in the number of executions: in a recent under the PCO which declares void any appeal aircraft in January 1978. He was sentenced to on 11 June 1981, he was hanged inside Much interview Tara Masih, an executioner, is re- against a sentence passed by a military court. At death on 4 March 1979 under Martial Law Re- Jail, despite widespread protests in Quetta. ported to have said that he was "hanging more least four piisoners sentenced to death by military gulation 29. The Sind 1-figh Court stayed his people than ever before in his career, an average courts whose executions had been stayed by the execution when he challenged his conviction At least eight others, most allegedly members of three people every two weeks" (Chicago High Courts were executed shortly after its by a military court. On 27 May 1981 the newly of the left-wing Baluchistan Students Organization, Tribune, 16 August 1981). promulgation. constituted Supreme Court of Pakistan dis- were awaiting execution in Baluchistan in late The first two men executed as a result of the missed his appeal against conviction by a mili- 1981 after trial by special military tribunals. They were: Suleman Lack of safeguards PCO were Wajid alias Pappu, aged 18, and tary tribunal (which had been before the court and Qasim, two brothers Naeem Akhtar Shah, who were hanged in Kot for two years) "as having abated under the sentenced by a special military court in Sibi in The number of death sentences passed by special Lakhpat Jail on 9 April 1981; both had been Provisional Constitution Order 1981" (Dawn, 1978; Mir Ahmad, Sultan, and Moosa, also military courts has increased. A survey of death convicted by a special military court on charges 27 May 1981). He was hanged in Khairpur sentenced to death by special military court, sentences reported in one newspaper, Dawn, of banditry and murder in Faisalabad two years District Jail, Sind, on 9 June 1981. Sibi, in 1978; Musafar Ali, convicted by special military court, Quetta, in 1978; Abdul Nasir during the first six months of 1981 revealed that earlier. The Lahore High Court had stayed their Abdul Hameed Baluch, aged 21, was Presi- Khan and Mohammad Yousuf, 50 per cent were passed by military courts on execution on 12 February 1981 after they had dent of the Karachi branch of the Baluchistan both convicted by the same court. Orders to stay their executions, civilians. Martial Law Order 72 of 21 October presented a writ challenging their conviction. Students Organization. He had been sentenced passed when they challenged their convictions, 1979 confirms that there is no right of appeal to The PCO suspended the stay order and they to death for murdering a recruiting officer of the have been suspended. an independent tribunal, as specified by inter- were executed. Sultan of Oman. During his trial before the

national standards, for prisoners sentenced to •••• WWI/ Special Military Court No. 4 at Turbot, the In the case of Abdul Nazir Khan death by military court. The military trials are by "Ye Achikzai, charge sheet was altered, and the identity of the another prisoner sentenced to death in Baluchistan, their nature summary: the special military court, murdered man was twice changed, after the Lahore, sentenced Iqbal Ahmed to death after the families of the convicted men and the victim victim named in the charge sheet was proved to had agreed to a compromise, a measure allowed hav ing "completed the trial in record time of one be alive. Abdul Hameed Baluch challenged the under Baluchistan tribal law. Nevertheless the day on 31 May 1980" (Dawn, 17 June 1980). conviction and on 8 December 1980 the Balu- special military court in Quetta, sentenced him The tribunal is made up of career army officers chistan High Court stayed his execution and to death. The High Court of Baluchistan granted who have no legal qualifications and cannot be ordered him to be tried before a civilian court. a stay of execution but his relatives feared he regarded as independent judges. In such cir- The court told prison officials that his execution would be executed after the PCO was passed. cumstances, miscarriages of justice are likely to would be contempt of court. However the Chief They wrote to Amnesty International that there occur and innocent people may hang. *OP • Justice of Baluchistan and another judge who was• Death sentences have to be confirmed by the had stayed the execution were removed under "no door left for legal shelter and protection". Chief Martial Law Administrator and prisoners have the right to petition the President for clemency (Article 45 of the constitution). Am- nesty International knows of only one case in which clemency was granted, and that was by the

provincial authorities: on 13 January 1981 the 'saw Sind government was reported to have com- muted the death sentence imposed on a 65-year- old man, Haji. Amnesty International does not • ON• • know of a single instance in which President Zia- ul-Haq has granted clemency to a person sen- tenced to death. Responding to press inquiries about his refusal to grant clemency to Zulfikar .r. Ali Bhutto the President said that he had been recommended to reprieve other prisoners sen- tenced to death. He was reported to have said:

- Why consider the case of one person on human considerations and why not of others? Did they not deserve sympathy also?" (Reuters, 1 March Public executions PAKISTAN 47

Appendix 1 He was one of about 40 people arrested in the Punjab on 16 October 1979 when all political activity was banned. Arrested in Lahore, he was taken to his house in Abottabad, North West Frontier Province, where he was kept under house arrest until 18 April etention it out trial: t ree 1980, under Martial Law Order 12. On 7 May 1980 police in Karachi filed charges against him for calling for the otherthrow of the cases government. According to a report he had said "General Zia and army rule must be replaced. Zia has no intention of letting democracy function. Any Begum Nusrat Bhutto is the widow of former Prime was placed under house arrest for one month — not in general who might replace him will be the same ... As Minister Zulfikar Ah 13hutto, and a leader of the PPP. her home but at the police training camp, Sihala. long as this junta remains in power, this country She has been held in administrative detention for 28 Despite petitions to the Lahore High Court she was suffers" (Reuters, 24 April 1981). months since the imposition of martial law. held in Sihala while her husband was executed. She was On 29 May he was expelled from Karachi and released on 28 May 1979, but still barred from political activity. arrested on arrival in Peshawar. The provincial government announced his detention but gave no On 16 October 1979 she was detained, with some reason for it. He was not allowed access to a lawyer 50 others, under Martial Law Order 12 when President until 26 June. He was held at his Abot-tabad house Zia-ul-Haq cancelled the elections and banned all until 6 August, when he was taken to Dadar sub-jail. political activity. On 14 January 1980 she was served There he was kept in solitary confinement until 3 with a further three-month detention order. This was lifted on 7 April 1980 just as a petition challenging the legality of her detention was to be heard. On 24 August 1980 she was expelled and banned from the Benazir Bhutto Punjab. with making "objectionable speeches", but not ar- On 8 March 1981 Begum Bhutto was again de- rested. On 1 September she was charged in Quetta tained, after the formation of the Movement for the with three martial law political offences. Restoration of Democracy. After the hijacking of an Like her mother, Benazir Bhutto was arrested on aircraft in March she was held in Karachi Jail, and the 16 October 1979 when President Zia-ul-Haq can- Attorney General is reported to have said that she celled the forthcoming general elections and banned was to be charged with complicity. No evidence has all political activity, and held until 8 April 1980. On 9 been presented linking the PPP leadership with the June she was charged with violating the ban on March hijacking. political activity by making a speech to the Karachi She was set free on 22 July 1981; no official Bar Association, On 24 August she was expelled and reasons for her arrest or release have been given. banned from the Punjab. Examined by doctors upon her release, she was On 8 March 1981 she was again detained, and was reportedly found to be suffering from acute kidney being held in Sukkur Jail in late 1981. Amnesty trouble and permanent low blood pressure. International has adopted her as a prisoner of con- Begum Nusrat Bhutto Amnesty International adopted Begum Nusrat science. Bhutto as a prisoner of conscience and appealed for She was first placed under house arrest on 22 her immediate and unconditional release. Air Marshal (retired) Asghar Khan is a former December 1977. Released on 14 January 1978 she Commander-in-Chief of the Pakistan Air Force (re- was again held in January and February to prevent her Benazir Bhutto, the daughter of Nusrat Bhutto signed 1965), former President of Pakistan Inter- from leading demonstrations protesting against mar- and a PPP leader, spent 24 months in detention national Airlines (resigned 1967), a senior politician Air Marshal (retired) Asghar Khan tial law and against the trial of her husband. She was without trial between the imposition of martial law in and leader of the Tehrik-i-Istiqlal party. He has been October, then transferred back to Abottabad, ap- detained by the Lahore District Magistrate under three July 1977 and September 1981. detained many times by both military and civilian parently because his health had deteriorated. After consecutive orders between 12 March 1978 and 22 She was placed under house arrest from 15 Decem- governments during the past 10 years. By September his return to Abottabad he was taken to the local May for making statements about her husband's trial ber 1977 until 10 January 1978, and on 19 January 1981 he had spent 22 months in administrative military hospital for treatment, and he has been to the press, and a petition challenging her detention was sent from Karachi to Lahore. There she was held detention since the imposition of martial law, mostly allowed visits by his immediate family. In late 1981 before the Lahore High Court was repeatedly deferred. for five days in January. From 18 March 1978 to 14 under house arrest. Except for the weeks between 18 he was still being held under Martial Law Order 78. On 22 May 1978, the day the detention order June 1978, when the Sind High Court ordered her April 1980 and 29 May 1980 his detention was He has been adopted by Amnesty International as expired, she was placed under house arrest for three release, she was under house arrest in Karachi, under continuous. a prisoner of conscience. months under Martial Law Order 12. The order was three consecutive detention orders. renewed for a further three months on 21 August. On On 4 October 1978 she was arrested on arrival at 18 November the Lahore High Court ordered her Multan airport, then detained with her mother in release. Islamabad. On 2 January 1979 the detention order On 3 December 1978 she was summoned to was extended for a further three months. appear before a disqualification tribunal — set up to From 1 April 1979 to 28 May she was held with her investigate allegations of misuse of power by poli- mother in the Sihala police camp under successive ticians — and banned from politics and from making detention orders under Martial Law Order 12 while any political statement. On 12 February 1979 she her father was executed. On 3 June she was charged PAKISTAN 49

Appendix 2 summary military court, Hyderabad. "Observing 1980 hunger-strike in support of Lahore journalists' de- Ali Mohammad — One year's imprisonment with mands". Arrested under MLR 3 and 18. (May 1978) hard labour and 10 lashes — summary military court, Five sentenced for supportingjournalists, among Karachi. For "possessing pamphlets containing ob- them Darya Khan and Ghulam Gadir — One jectionable material". (March 1980) year's imprisonment with hard labour and 10 lashes Four people — One year's imprisonment with hard summary military court, Hyderabad. For "staging labour and 10 lashes — summary military court. lo in sfor olitical offences a hunger-strike in support of Pakistani journalists". Under MLR 3. (May 1978) Two men — One year's imprisonment and flogging. Shabbir Ahmed — One year's imprisonment with For shouting anti-government slogans. (September July 1977 to July 1981 hard labour and 10 lashes — summary military court, 1980) Hyderabad. For violating MLR 18, by a 48-hour token hunger-strike in support of striking journalists. 1981 This is a list of 192 prisoners sentenced by military courts for participating in political activities banned under (May 1978) martial law. Nearly all are considered by Amnesty International to be prisoners of conscience. Amnesty Altaf Tunio — One year's imprisonment with hard MohammadAnis — One year's imprisonment with labour and 15 lashes — summary military court, International knows that many such floggings have been inflicted inside prisons, but cannot confirm that every hard labour and 10 lashes — summary military court, sentence has been carried out. Not included are those whose sentences were not reported in the press, and prisoners Hyderabad. For "raising objectionable slogans and Hyderabad. For contravening MLRs 3 and 18, by a delivering anti-state speeches". (April 1981) sentenced to be flogged for offences under the Pakistan Penal Code and Islamic law. 48-hour token hunger-strike in support of the striking journalists. (May 1978) Shafi Sarki — One year's imprisonment with hard 1977 Mohammad Mansha — Local PPP leader. Six labour and five lashes — summary military court, months' imprisonment with hard labour and six Sardar Salim — (President of PPP in Rawalpindi Hyderabad. For "raising objectionable slogans and Asif Naseem Rathorne — PPP worker. One year's and Islamabad, member of the Upper House of imprisonment and 10 lashes — summary military lashes. For "making an objectionable speech." (Oc- delivering anti-state speeches". (April 1981) tober 1977) Parliament in 1977). Six months' imprisonment and court, Rawalpindi. "Organizing an unlawful pro- 10 lashes — summary military court, Islamabad. For Abbasali — Student. One year's imprisonment with cession" and "raising objectionable slogans." (August 51 agitators — One year's imprisonment with hard allegedly organizing public demonstrations for the hard labour and 10 lashes — summary military court, 1977) labour and 10 lashes. "Raising slogans and leading a release of Zulfikar Ali Bhutto. (October 1978) Dadu. For "raising objectionable slogans, creating Roshan Ali — One year's imprisonment with hard procession". (October 1977) disturbances in educational institutions and anti-state Eight people — Eight lashes for allegedly inciting activities". ( April 1981) labour and 10 lashes — summary military court, Malik Naseem — One year's imprisonment with two PPP members to sacrifice their lives. (October Lahore. MLR 13. Arrested while claiming to be an hard labour and 12 lashes — summary military court. 1978) Ghous Ali Shah — One year's imprisonment with assailant of the man Zulfikar Ali Bhutto allegedly For criticizing the government. (October 1977) hard labour and 10 lashes and a fine of Rs 20,000 — ordered killed. (September 1977) 1979 summary military court, Hyderabad. For "creating 1978 disturbances in educational institutions" and "insti- Amanullah — son of Mohammad Abdullah, Man- 13 cement workers — Six to 12 months' im- zoor Hussain — s/o Taj Din, Nawaz Khan — s/o Eight Pakistani soldiers — "For circulating literature gating students for subversive activities". (April prisonment and 10 to 15 lashes. For "going on illegal 1981) Fazal Mohammad, Khan Mohammad Asraf — among their comrades condemning the death sen- strike" and "causing disturbances". (January 1979) s/o Mohammad Bashir, Roshan Ali — s/o Abdul tence on Zulfikar Ali Bhutto". (April 1978) Sattar Maryo — One year's imprisonment with hard Rahim — One year's imprisonment with hard labour 12 marchers — One year in jail with up to 15 lashes Mohammad Salim, Ali Anwer of Qamber, Mo- labour and five lashes. Same charge and trial as and 10 lashes — summary military court. "Organizing each — military court. For taking part in a banned hammad Fateh of Wahra — PPP supporters. One Ghous Ali Shah. unlawful gathering" and "raising anti-government International Labour Day procession. (May 1978) year's imprisonment with hard labour and 15 lashes Haji Jan (Haji Sarwar) s/o Qabil Khan, Rizwan slogans". (September 1977) — summary military court, Larkana. For "raising Ahmed s/o Abdul Ghani, Saeed Ahmed s/o Um- Sher Mohammad and Mehboob — One year's objectionable slogans". (February 1979) Mohammad Nasim — s/o Nisar Ahmed — One imprisonment with hard labour and 10 lashes — rao Ali, Malik Ansar Ahmed s/o Malik Afzal, year's imprisonment with hard labour and five lashes Manur Hussain Suharwardi s/o Ahmed Hussain summary military court, Hyderabad. For staging a 13 men — One year's imprisonment with hard — summary military court. "Organizing unlawful hunger-strike "in support of the journalists' demands". S. — Six month's imprisonment with hard labour and labour, a fine and flogging — 104 lashes between 10 lashes — summary military court, Karachi. For gathering" and "raising anti-government slogans". (May 1978) (September 1977) them — summary military court, Lahore. For organizing "creating disaffection against army and for having Journalists — Tried under MLRs 5 and 33 for an unlawful meeting. (February 1979) Six agitators — One year's imprisonment with designs to chalk out an action plan on the birth "organizing meetings at an open public place", "raising anniversary of late Mr Z. A. Bhutto". (April 1981) hard labour and 10 lashes. "Raising slogans against slogans", "displaying banners" and" starting hunger- Javed Mirza — A sub-inspector at Islamabad Police the government". (September 1977) strike". (May 1978): Nasir Zaidi (Nawa-i-Multan) Station. One year's imprisonment with hard labour Malik Mi Bucha — One year's imprisonment with Habib- ur-Rehman (PPP nominee for Punjab As- — Nine months' imprisonment with hard labour and and 10 lashes — summary military court No. 39. For hard labour, 10 lashes and a fine of Rs 500,000 — sembly) and three other political workers — Six five lashes, Rs 3,000 fine. Syed Iqbal Ahmad Jafari violating MLR 13. ( May 1979) summary military court, Multan. For "objectionable months' imprisonment and five lashes. Making poli- (Sun) — Nine months' imprisonment with hard speech delivered by him at a meeting in Multan". tical speeches. ( September 1977) labour and five lashes, Rs 3,000 fine. Khawar Mitto Maheri — 15 lashes, Gul Mohammad — 15 (April 1981) lashes, Idrees Mirani — 10 lashes, Hussain Bux — Mohammad Hassan Rajar — One year's imprison- Rehmat Ali — One year's imprisonment with hard Naeem Hashmi (Musawat) — Nine mcnths' im- 10 lashes. Summary military court, Badin. For of- labour and 10 lashes — summary military court, prisonment with hard labour and three lashes Masu- ment with hard labour and 10 lashes —summary fences under MLO 3, MLR 4, 5, 13 and 14. They Gujranwala. "Making an objectionable speech". (Sep- dullah Khan (Pakistan Times) — military court, Hyderabad. For "raising objection- Six months' were flogged in public. (October 1979) tember 1977) imprisonment with hard labour and six lashe. , Rs able slogans". (April 1981) Four political workers — One year's imprisonment 2,000 fine. (£106) (Execution reportedly stayed). 1 Akram alias Tidda — One year's imprisonment with Hidayat Ali s/o Illahi Bux — Nine months' im- with hard labour and 10 lashes. For wearing black "starting hunger-strike". (May 1978) 1 hard labour and 10 lashes — summary military court, prisonment with hard labour and five lashes in public badges as a protest against the government. (October Irshad Channa and Mohammad Zaman —One Sahiwal. For "propagating hatred against the armed — summary military court, Sukkur. For "raising 1977) year's imprisonment with hard labour and 10 lashes forces" under MLO 13. (December 1979) objectionable slogans against the government and

50 PAKISTAN

instigating shopkeepers to close their shops and trying Summary military court, Hyderabad. For "raising ob- Appendix 3 to take out procession". ( April 1981) * jectionable slogans", under MLRs 13 and 33. ( May 1981 ) Abubakar Zardari, Qamar Rajpar — One year's imprisonment with hard labour, 10 lashes and a fine Seven student leaders of Giya Sind Students of Rs 20,000 each — summary military court. For Federation — Rasul Baksh, President of the Stu- "raising objectionable slogans" under MLRs 13 and dents Federation, and Sheikh Mujeeb, the Joint 33. (April 1981) Secretary, were among those flogged. Three of the leaders were given 15 lashes, one student received 10 entences of a utation Rehmatullah Jassani, Qamar Bhatti — One year's lashes, three others were given five lashes each. imprisonment, 10 lashes and a fine of Rs 5,000 and Summary military court, Karachi. For "bringing out Rs 10,000 respectively — summary military court. an illegal procession and setting fire to buses". (May For "raising objectionable slogans" under MLRs 13 The following people were sentenced to amputation between July 1977 and July 1981. To Amnesty International's 1981) and 33. ( April 1981) knowledge, none of these sentences had been carried out by late 1981. Ghulam Sarwar, Sikandar, Ali — Students. Nine Rasul Baksh, Mujeebur Rehman — One year's months' imprisonment and five lashes each — sum- - Amputation of right hand — imprisonment, 15 lashes and a fine of Rs 25,000 each. mary military court, Sukkur. For possessing "objec- 1978 Fida Hussain Additional Deputy Commissioner-GeneraL For stealing tionable literature and trying to spread separatism Saifullah and Riaz Mahmood and Gulab Khan— Khan Mohammad Laghari — One year's im- a motor cycle. (October 1979) prisonment. 10 lashes and a fine of Rs 15,000. among provinces". (June 1981) Amputation of hand — special military court, Karachi. For bank robbery. (May 1978). Reduced to hard Khan Mohammad and Talib Sheikh - Ampu- labour for 10 years. tation of hand — District and Sessions Judge, Sang- har. For theft (November 1979) 1979 Ghulam Ali - Amputation of right hand - Shari'a Altaf Hussein Khokhar —Amputation of hand. For court, Okara. For theft. (November 1979) theft. (April 1979) 1980 Tayyab Ahmed and Sikandar Masih - Ampu-

tation of right hand and left foot — Islamic court. For Mohammad Duta - Amputation of right hand — bank robbery. (May 1979) Sentence suspended by court in Khairpur. For theft. ( September 1980) Additional Sessions Judge, Sahiwal. Latif Ullah and Ghulam Ullah - Amputation of

Allah Ditta - Amputation of right hand - Shari'a right hand — Sessions court. For theft. (October court, Okara. For bank robbery. (May 1979) Sen- 1980) Reduced to seven years' imprisonment by tence suspended by District and Sessions Judge, Federal Shari'a Court. Sahiwal. Faqir Mohammad- Amputation of hand and one

Ghulam Mustafa - Amputation of right hand in year's imprisonment with hard labour —Magistrate. public — Shari'a court, Pakpattan. For theft of items Set aside by Additional Sessions Judge, Faisalabad. worth Rs 1,300 (£69). (May 1979) (December 1980)

- Mustafa Shah- Amputation of hand — Sharra court, Hussain Mahesar Amputation of right hand — Pakpattan. For theft. (May 1979). Sentence sus- Additional Session Judge, Dadu. For theft. (Decem- pended by District and Sessions judge. ber 1980)

Majoo Shah (alias Mazhar)- Amputation of right 1981 hand — Sessions Judge, Sukkur, under Islamic law.

For theft. (July 1979) Sentence set side by Sind High Lal Bux - Amputation of right hand — Session Court. Judge, Dadu. For theft. Set aside by Federal Shari'a Court, Islamabad. (February 1981) Mohammad Nawaz- Amputation of right hand —

Magistrate Section 30, Lahore. For fraud (running Ali Asghar - Amputation of right hand and left leg away with clothes containing Rs 2,500. (September — Sessions Judge, Sanghar. Appeal before Federal 1979) Shari'a Court. (April 1981) PAKISTAN 53

The mandate Amnesty International is playing a specific role in the international protection of human rights. It seeks the release of men and women detained anywhere because of their beliefs, colour, sex, nes International ethnic origin, language or religious creed, provided they have not used or advocated violence. These are termed prisoners of conscience. a orl i e ca ai n It works for fair and prompt trials for all political prisoners and works on behalf of such people detained without charge or trial. It opposes the death penalty and torture or other cruel inhuman or degrading treatment or In recent years, people throughout the world have become more and more aware of the urgent need to punishment of all prisoners without reservation. protect human rights effectively in every part of the world. This mandate is based on the civil and political rights set down in the United Nations Universal Countless men and women are in prison for their beliefs. They are being held as prisoners of Declaration of Human Rights and it reflects the belief that these rights transcend the boundaries of conscience in scores of countries—in crowded jails, in labour camps and in remote prisons. nation, race and belief. Through its practical work for prisoners, Amnesty International participates in the wider promotion Thousands of political prisoners are being held under administrative detention orders and denied any and protection of civil, political, economic, social and cultural rights. possibility of a trial or an appeal. Amnesty International does not oppose or support any government or political system. Its members 0 Others are forcibly confined in psychiatric hospitals or secret detention camps. around the world include supporters of differing systems who agree on the defence of all people in all countries against imprisonment for their beliefs, and against torture and execution. Many are forced to endure relentless, systematic torture. More than a hundred countries retain the death penalty. Amnesty International at work Increasingly, political leaders and ordinary citizens are becoming the victims of abductions, The working methods of Amnesty International are based on the principle of international responsibility "disappearances" and killings, carried out both by government forces and opposition groups. for the protection of human rights. The movement tries to take action wherever and whenever there are violations of those human rights falling within its mandate. Since it was founded, Amnesty International groups have intervened on behalf of more than 20,000 prisoners in over a hundred countries with widely An international effort differing ideologies. A unique aspect of the work of Amnesty International groups—placing the emphasis on the need for To end secret arrests, torture and killing requires organized and worldwide effort. Amnesty Inter- international human rights work—is the fact that each group works on behalf of prisoners held in national is part of that effort. countries other than its own. At least two prisoner cases are assigned to each group; the cases are Launched as an independent organization over 20 years ago, Amnesty International is open to anyone balanced geographically and politically to ensure impartiality. prepared to work universally for the release of prisoners of conscience, for fair trials for political There are now over 2,500 local Amnesty International groups throughout the world. There are prisoners and for an end to torture and executions. national sections in 40 countries ( in Africa, Asia, the Americas, Europe and the Middle East) and The movement now has members and supporters in more than 150 countries. It is independent of any individual members, subscribers and supporters in a further 111 countries. Members do not work on government, political group, ideology, economic interest or religious creed. cases in their own country. No section, group or member is expected to provide information on their own It began with a newspaper article, "The Forgotten Prisoners", published on 28 May 1961 in The country and no section, group or member has any responsibility for action taken or statements issued by Observer (London) and reported in Le Monde (Paris). the international organization concerning their own country. Announcing an impartial campaign to help victims of political persecution, the British lawyer Peter Benenson wrote: Continuous research The movement attaches the highest importance to balanced and accurate reporting of facts. All its Open your newspapers any day of the week and you will find a report from activities depend on meticulous research into allegations of human rights violations. The International somewhere in the world of soineone being imprisoned, tortured or executed Secretariat in London ( with a staff of 150, comprising nearly 30 nationalities) has a research department because his opinions or religion are unacceptable to his government . . .. The which collects and analyses information from a wide variety of sources. These include hundreds of newspaper reader feels a sickening sense of impotence. Yet ffthese feelings of newspapers and journals, government bulletins, transcriptions of radio broadcasts, reports from lawyers disgust all over the world could be united into common action, something and humanitarian organizations, as well as letters from prisoners and their families. Amnesty effective could be done. International also sends fact-finding missions for on-the-spot investigations and to observe trials, meet prisoners and interview government officials. Amnesty International takes full responsibility for its Within a week he had received more than a thousand offers of support—to collect information, published reports and if proved wrong on any point is prepared to issue a correction. publicize it and approach governments. The groundwork was laid for a permanent human rights Once the relevant facts are established, information is sent to national sections and groups for action. organization that eventually became known as Amnesty International. The first chairperson of its The members then start the work of trying to protect the individuals whose human rights are reported to International Executive Committee (from 1963 to 1974) was Sean MacBride, who received the Nobel have been violated. They send letters to government ministers and embassies. They organize public Peace Prize in 1974 and the Lenin Prize in 1975. meetings, arrange special publicity events, such as vigils at appropriate government offices or embassies, 54 PAKISTAN and try to interest newspapers in the cases they have taken up. They ask their friends and colleagues to help in the effort. They collect signatures for international petitions and raise money to send relief, such as medicine, food and clothing, to the prisoners and their families. t er nest International A permanent campaign In addition to casework on behalf of individual prisoners, Amnesty International re o s members campaign for the abolition of torture and the death penalty. This includes trying to prevent torture and executions when people have been taken to known torture centres or sentenced to death. Volunteers in dozens of countries can be The following list includes a selection of reports issued since 1976. For a complete list, write to Amnesty International alerted in such cases, and within hours hundreds of telegrams and other appeals can Publications, London. be on their way to the government, prison or detention centre. AM N ESTY PRISONERS OF In its efforts to mobilize world public opinion, Amnesty International neither HOW TO ORDER CONSCIENCE INTERNATIONAL REPORT THESE REPORTS supports nor opposes economic or cultural boycotts. It does take a stand against the This annual report provides a corn- Who are today's prisoners of con- international transfer of military, police or security equipment and expertise likely to plete country-by-country survey of If you live in a country where a science and why are they in jail? This be used by recipient governments to detain prisoners of conscience and to inflict Amnesty International's work to com- national section of Amnesty 48-page report highlights cases in 15 Symbol of bat political imprisonment, torture International has been formed, countries and offers an excellent in- torture and carry out executions. Amnesty International and the death penalty throughout the you can obtain all these reports troduction to worldwide efforts to free Amnesty International does not grade governments or countries according to their record on human world. The report is arranged in from the section. Section addresses them. First issued 1981. £2.00. rights. Not only does repression in various countries prevent the free flow of information about human regional sections and normally covers are available from the International English, Spanish. Secretariat. rights abuses, but the techniques of repression and their impact vary widely. Instead of attempting developments in at least 100 countries. This is probably the most widely If there is no national section in comparisons, Amnesty International concentrates on trying to end the specific violations of human rights read—and most influential—of the your country, you can order these in each case. many reports published by Amnesty reports direct from the Inter- Africa Human rights have been violated not only by governments, but also by political groups. People have International each year. national Secretariat of Amnesty International: been taken prisoner and held hostage; torture has been inflicted and executions carried out in the name of Amnesty Inter- Now available: the select the publications you wish GUINEA different political causes. Amnesty International opposes these acts in all cases, whether they are national Report 1981. This 428- to order A I 2-page briefing on political im- perpetrated by government forces or opposition groups. It believes that international standards for the page report, illustrated with regional prisonment, torture and the death protection of human rights and the humane treatment of prisoners should be universally respected. maps for easy reference, covers the note the listed price penalty. First issued 1978. £0.40. period 1 May 1980-30 April 1981. make out a money order or bank English, French, Spanish. First published 10 December 1981. draft payable to AMNESTY Policy and funds £5.00. English, French, Spanish. INTERNATIONAL for the HUMAN RIGHTS Amnesty International is a democratically run movement. Each year major policy decisions are taken by total price of all the publications VIOLATIONS IN ETHIOPIA send your order and payment to An account of political killings, the an International Council comprising representatives from all the national sections. They elect an AMNESTY destruction of the rule of law, political STY INTERNA110NAL International Executive Committee to carry out their decisions and supervise the day-to-day running of INTERNATIONAL imprisonment, prison conditions, the 10 SO ON STREET NEWSLETTER use of torture and the death penalty. the International Secretariat. LONDON WC2E 7HF This monthly bulletin provides a First issued 1977. 26 pages. £0.50. The organization is financed by its members throughout the world, by individual subscriptions and UNITED KINGDOM regular account of Amnesty Inter- English, French. donations. Members pay fees and conduct fund-raising campaigns—they organize concerts and art national's work: the latest reports of auctions and are often to be seen on fund-raising drives at street corners in their neighbourhoods. fact-finding missions, details of the THE DEATH PENALTY HUMAN RIGHTS IN Its rules about accepting donations are strict and ensure that any funds received by any part of the arrest and release of political This unique study of the ultimate UGANDA organization do not compromise it in any way, affect its integrity, make it dependent on any donor, or prisoners, reliable reports of torture punishment examines the laws and An examination of human rights vio- limit its freedom of activity. and executions. It also gives practical methods by which people can be put lations during the presidency of Idi information for Amnesty Inter- The organization's accounts are audited annually and are published in its annual report. to death in 134 countries. The 206- Amin, including the overthrow of the national supporters: each issue page report draws on more than a rule of law, murder of judges, public includes appeals on behalf of decade of research, using official and executions, killings and torture. First prisoners of conscience and victims unofficial sources. Devoted mainly to issued 1978. 25 pages. £0.50. of torture around the world. a country-by-country survey of English, French. The newsletter is written—without legislation and practice, the report political bias—for human rights also covers the phenomena of HUMAN RIGHTS IN ZAIRE activists throughout the world. It is "disappearances" and summary Details on political prisoners and widely used by journalists, students, executions through which suspected their conditions, torture, extrajudicial Amnesty International has consultative status with the United Nations (ECOSOC), UNESCO political leaders, doctors, lawyers political opponents have been executions and the use of the death and the Council of Europe. It has cooperative relations with the Inter-American Commission on and other professionals. eliminated in large numbers by penalty, together with the political Human Rights of the Organization of American States and is a member of the coordinating Individual subscriptions: £5.00 repressive regimes. F irst published and legal background. First issued committee of the Bureau for the Placement and Education of African Refugees of the (US$12.50) a year. English, French, 1979; illustrated. £2.00. English, 1980. 22 pages. £1.00. English, French. Organization of African Unity. Spanish. French, Spanish.

56 PAKISTAN PAKISTAN 57

pages. £2.00. English, French, In- NAMIBIA PERU tion of the incidence of torture and First issued 1977; second edition donesian. Middle East A I 6-page briefing on political im- A 12-page briefing on political im- other violations of human rights. First 1981. £0.60. English, French, Spanish prisonment, torture and the death prisonment, torture and the death POLITICAL IMPRISON- issued 1977. 95 pages. £2.00. English, penalty. First issued 1977. £0.40. penalty. First issued 1979. £0.40. Spanish. English, French, Spanish. MENT IN THE PEOPLE'S TORTURE IN GREECE: THE LAW AND HUMAN RIGHTS English, French. REPUBLIC OF CHINA FIRSTTORTURERS' TRIAL REPORT OF AN AMNESTY IN THE ISLAMIC REPUBLIC POLITICAL IMPRISONMENT POLITICAL IMPRISONMENT A major report on the constitutional, INTERNATIONAL MISSION 1975 OF IRAN IN SOUTH AFRICA IN URUGUAY legal and penal systems under which TO SINGAPORE A rare insight into the inner clock- An examination of legal procedures, political dissenters have been detained, work of a torture state, this 98-page A detailed report, including photo- A dossier of documents on political Report of a mission in 1978 plus re- revolutionary tribunals, offences and interrogated, tried and punished. First report analyses a contemporary ex- graphs and case histories, on the imprisonment, law and justice for commendations to the government. post-revolutionary executions during issued 1978. 171 pages, illustrated. ample of the possibility of submitting political and legal background to political prisoners, detention conditions, An examination of preventive deten- the first seven months after the 1979 £2.00. English, French, Spanish. accused torturers to due process of human rights violations, the treat- ill-treatment and torture, with 14 case tion, trials, arrest and interrogation, revolution. First issued 1980. 216 law. First issued 1977.£0.85. English, ment of prisoners, killings, use of histories. First issued 1979. £0.40. prison conditions, torture and the use pages. £10.00. English. REPORT OF AN AMNESTY French, Spanish. torture and the death penalty. First English, French, Spanish. INTERNATIONAL MISSION of the death penalty. First issued issued 1978. 108 pages. £1.00. TO BANGLADESH 1978. 60 pages. £2.00. English. English, French. PROPOSAL FOR A COM- IRAQ: EVIDENCE OF TOR- Representations to the Bangladesh ROMANIA TURE MISSION OF INQUIRY IN- Government reflecting Amnesty In- SHORT REPORT OF AN AM- A 19-page briefing on political im- TO THE EFFECTS OF NESTY INTERNATIONAL This report, published after painstaking ternational's concern about trials of prisonment and the death penalty. research into allegations of political The Americas DOMESTIC INTELLIGENCE civilians by martial law courts and the MISSION TO THE ISLAMIC First issued 1980. £0.60. English, ACTIVITIES ON CRIMINAL torture, presents detailed findings in execution of military personnel. First REPUBLIC OF PAKISTAN French, Spanish. 15 cases and calls for the protection TRIALS IN THE UNITED Findings of a mission in 1978 that DISAPPEARED PRISONERS issued 1978. 20 pages. 0.50. En- of all detainees. First issued 1981. 44 STATES OF AMERICA documented martial law provisions IN CHILE glish. REPORT OF AN AMNESTY pages, illustrated. £2.00. English, A 144-page study of misconduct in curtailing fundamental freedoms and A dossier on political prisoners held INTERNATIONAL MISSION French. the cases of convicted minority mili- REPUBLIC OF KOREA: VIO- the infliction of harsh punishments by in secret detention camps. It com- TO NORTHERN IRELAND tants. First issued 1981. £3.00. English. LATIONS OF HUMAN military courts on civilians for exercis- prises background information on " disap- The findings and recommendations of RIGHTS ing the right of free speech. First peared" prisoners, appeals from their a mission in 1977 that investigated MOROCCO TESTIMONY ON SECRET The report that launched a worldwide issued 1978. 24 pages. £0.50. English, relatives, a selection of case histories allegations of ill-treatment of detainees A. 16-page briefing on political im- DETENTION CAMPS IN AR- campaign against human rights abuses French. and numerous photographs. First is- and called for a public inquiry. First prisonment, torture and the death GENTINA inflicted on South Korean dissenters. sued 1977. £1.45. English, French, issued 1978. 72 pages. £1.00. English. penalty. First issued 1977. £0.40. Testimony of two detention camp First issued 1981. 44 pages. £2.00. Spanish. TAIWAN (REPUBLIC OF English, French. victims, including detailed information English, Spanish. CHINA) about their fellow prisoners; list of A 14-page briefing on political im- REPORT OF AN AMNESTY GUATEMALA: A GOVERN- prisoners and correspondence to and REPORT OF AN AMNESTY prisonment, torture and the death INTERNATIONAL MISSION PEOPLE'S DEMOCRATIC MENT PROGRAM OF POLI- from government officials about mis- INTERNATIONAL MISSION penalty. First issued 1976; second TO SPAIN REPUBLIC OF YEMEN TICAL MURDER sing people. First issued 1980. 60 TO THE FEDERATION OF edition 1980. £0.40. English, French, First published in November 1980, A 12-page briefing on political im- Eye-witness testimony, on political pages. £1.00. English, Spanish. MALAYSIA Chinese. the findings of a mission that examined prisonment, torture and the death abductions and killings directed from An examination in 1978 of Malaysia's the treatment of security detainees, penalty. First issued 1976. 0.40. secret offices in an annex of the Internal Security Act, under which VIOLATIONS OF HUMAN plus Amnesty International's recom- English, French, Arabic. presidential palace. First issued 1981. political prisoners, including members RIGHTS AND FUNDAMEN- mendations to prevent torture. 68 32 pages, illustrated. £2.00. English, Asia of political parties and trade unions, TAL FREEDOMS IN THE DE- pages. £3.00. English, Spanish. MOCRATIC REPUBLIC OF REPORT AND RECOM- French, Spanish. have been held without charge or trial MENDATIONS OF AN AM- and tortured. First issued 1979. 67 AFGHANISTAN ALI LAMEDA: A PERSONAL TURKEY NESTY INTERNATIONAL ACCOUNT OF THE EX- pages. £0.50. English. A report, released in September 1979, MEMORANDUM SUBMIT- on consistent violations: widespread A 12-page briefing on political im- MISSION TO THE GOVERN- TED TO THE GOVERN- PERIENCE OF A PRISONER prisonment, torture and the death MENT OF THE STATE OF OF CONSCIENCE IN THE REPORT OF AN AMNESTY arrests, torture, "disappearances" and MENT OF THE REPUBLIC deaths in detention between April penalty. First issued 1977. £0.40. ISRAEL DEMOCRATIC PEOPLE'S INTERNATIONAL MISSION Report of a mission in 1979 that OF CUBA 1978 and May 1979. 34 pages. £0.50. English, French. REPUBLIC OF KOREA TO INDIA examined allegations of ill-treatment Findings and recommendations of a English. The personal story of a Venezuelan The findings and recommendations of mission that visited Havana in 1977 in the Occupied Territories and legal poet and Communist Party member an investigation following the 1975- PRISONERS OF CON- to examine questions of long-term procedures used. Includes Amnesty subjected to six years' political im- 1977 Indian Emergency. First issued SCIENCE IN THE USSR: political prisoners, prison regimes, Europe International's recommendations, the prisonment in North Korea. First 1979. 84 pages. £1.00. English. THEIR TREATMENT AND the situation of released prisoners and government's reply and Amnesty In- issued 1979. 39 pages. £0.50. English, CZECHOSLOVAKIA CONDITIONS the application of the death penalty. ternational's comments on it. First REPORT OF AN AMNESTY This 200-page report, containing photo- First issued 1978. Eight pages. £0.50. French. A 20-page briefing on political im- issued 1980. 71 pages. £2.00. English, INTERNATIONAL MISSION prisonment and the death penalty. graphs of prisoners of conscience and English, Spanish. French. INDONESIA TO THE REPUBLIC OF THE First issued 1981. £0.60. English, camps in which they are held, ex- A detailed account of political im- PHILIPPINES French. amines Soviet laws and their ap- PARAGUAY prisonment between 1965 and 1976, Second edition of the conclusions of a plication to dissenters and includes SYRIA A I 6-page briefing on political im- including description of trials, prison mission in 1975 together with the GERMAN DEMOCRATIC RE- new material on the treatment of A 16-page briefing on political im- prisonment, torture and the death conditions and forced labour, perma- government's reply and Amnesty In- PUBLIC dissenters in psychiatric institutions. prisonment, torture and the death penalty. First issued 1978. £0.40. nent post-release " resettlement" and ternational's comments. Includes in- A 12-page briefing on political im- First issued 1975; second edition penalty. First issued 1979. £0.40. English, French, Spanish. case histories. First issued 1977. 146 terviews with prisoners and an examina- prisonment and the death penalty. 1980. £5.00. English, French, Spanish. English, French, Spanish, Arabic.