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. The Islamic Republic of Pakistan u an ri ts concerns Amnesty International has noted a steady sentenced to imprisonment and flogging for Pakistan was created in 1947 as a separate state for the Muslims of the subcontinent. It had two wings: West deterioration in respect for human rights in non-violent political activities which Amnesty Pakistan and East Pakistan. In 1971 East Pakistan became the independent state of Bangladesh. Pakistan Pakistan, particularly since the beginning of covers an area of 803,943 square kilometres and has an estimated population of 77.9 million. Islam is the International believes amount to no more than state religion and some 97 per cent of the population are Muslim. (This excludes the disputed area of 1981. The powers and independence of the the peaceful exercise of the rights to freedom Kashmir. The part held by Pakistan, there called Azad-Kashmir, has an area of 83,807 square kilometres judiciary have been further eroded under the of opinion, expression and association and an estimated population of more than one million. Figures date from 1 January 1979.) military government The ability of the civilian guaranteed to all citizens by the Universal courts to enforce and protect human rights has Declaration of Human Rights, and in Articles Pakistan is a federation of four provinces: Punjab, Sind, Baluchistan and the North West Frontier been progressively restricted by a series of 17 and 19 of the Pakistan Constitution itself. Province. Each has its own distinctive ethnic, linguistic and cultural identity. Fifty seven per cent of the population live in the Punjab which is the most developed province economically, and from which the martial law provisions and constitutional Pakistan armed forces have traditionally been recruited. amendments, culminating in the 24 March Political prisoners are tried by military 1981 Provisional Constitution Order. This courts, without the right to appeal to a court of After the partition from India in 1947, political and military power was concentrated in West Pakistan, grants the President power to change the law or the right to defence by a lawyer. The although the majority of the population lived in the smaller wing, East Pakistan. There, the Awami League constitution at will — it effectively annuls the procedures in such courts fall far short of led by Sheikh Mujibur Rahman campaigned on a program of increased provincial autonomy for which it 1973 constitution which guaranteed internationally accepted standards for a fair obtained massive support. In December 1970. in the first general election held on the basis of universal suffrage, the Awami League won 160 of the 162 seats reserved for East Pakistan and obtained an absolute fundamental rights to Pakistan's citizens. It trial, as laid down, for example, in the majority in the National Assembly, giving it the right to form the central government. In West Pakistan the marks the end of an independent judiciary and International Covenant on Civil and Political Pakistan People's Party (PPP), formed in 1967 on a socialist program, won a substantial majority of the removes the long-established supervisory Rights. Trials of political prisoners have also seats, especially in the two most populous provinces of Sind and the Punjab. The Awami League's election powers of the Supreme and High Courts to been held in camera, inside prison. victory increased political tension, and on 26 March 1971, one day after the Pakistan army intervened in the enforce respect for human rights. In taking East, Sheikh Mujibur Rahman proclaimed the independence of Bangladesh. A bitter civil war resulted, Particularly since the beginning of 1981 which led, after India's military intervention, to the separation of East and West Pakistan. These events these steps, the government has consistently have increased the federal government's sensitivity about demands for greater regional autonomy, in ignored the directives set by the Supreme Amnesty International has received a growing particular from Baluchistan and the North West Frontier Province. Court in its November 1977 judgment which number of reports that political prisoners are imposed conditions on the legality of the being held incommunicado, and substantial Pakistan became a member of the non-aligned movement in 1979 following its withdrawal from CENTO government evidence has emerged that prisoners are being (Central Treaty Organization) in March that year. It is an active participant in the Islamic Conference, and Thousands of political prisoners have been tortured systematically. Between January maintains close links with most Islamic states in the Middle East, notably Saudi Arabia. It has also held under martial law, most considered by 1980 and August 1981 at least 10 people, developed close economic and political relations with China. Since independence Pakistan has fought three including three political prisoners, died in wars with neighbouring India, and although relations have improved, they remain sensitive. Relations with Amnesty International to be prisoners of Pakistan's other neighbour, Afghanistan, became increasingly strained after the Soviet military intervention in conscience, imprisoned for expressing their police custody, allegedly as a result of torture December 1979, and the influx of well over one million Afghan refugees has added to Pakistan's political beliefs. All major political parties are and ill-treatment. problems. Pakistan's controversial nuclear program prompted the United States to cut off development aid proscribed and all political and trade union Hundreds of people have been executed 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 Government in September 1981, confirming the recent rapprochement in relations between Pakistan and each year, and the President has turned down the United States. arrest and detention have been widely used, every single petition for clemency presented to 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 For many years Amnesty International has On 18 March 1978 Zulfikar Ali Bhutto and Recommendations Economic, Social and Cultural Rights and the sought to prevent violations of human rights four of his co-defendants were sentenced to Optional Protocol to the first covenant. within its mandate in Pakistan. This report presented to President death after a controversial trial. Two lawyers b) Amnesty International also recommends reflects its efforts to secure the effective ap- attended the Supreme Court appeal hearing on Zia-ul-Haq arising from the that the government introduce legislation to plication of international standards for the pro- behalf of Amnesty International; the Supreme 1981 Amnesty International restore fully the fundamental rights guaranteed tection of human rights under successive govern- Court upheld the death sentence in a split in the 1973 constitution, by revoking con- ments, and several Amnesty International dele- report on Pakistan decision. Amnesty International publicly pre- stitutional amendments listed in this report gations have visited Pakistan to discuss human sented legal arguments as to why the sentence The military administration took power at a that curtail those rights, in particular the rights concerns during the last decade. should be commuted, particularly in view of the time of serious and widespread civil disorder, March 1981 Provisional Constitution Order. In August 1971 an Amnesty International unconvincing nature of the evidence produced in and proclaimed martial law stating that its limited delegate visited Pakistan under the then military the trial.