ASIAN HUMAN RIGHTS COMMISSION - URGENT APPEALS PROGRAMME

Urgent Appeal Case: AHRC-UAC-027-2009
http://www.ahrchk.net/ua/support.php?ua=UAC-027-2009 >

25 March 2009
PAKISTAN: Petition to bring Pervez Musharraf and his henchmen before
the law

ISSUES: Petition

Dear friends,

The Asian Human Rights Commission (AHRC) writes this appeal to
encourage you to sign this petition calling for an impartial and
prompt investigation into the crimes committed by Musharraf and his
administration, to ensure that the former dictator is brought before
a court of law, and tried for the crimes he has committed. The AHRC
also encourages you to fax your petitions or support letter to the
authorities named below.

For further queries, please contact to Pakistan desk
(pakistan@ahac.asia <mailto:pakistan@ahac.asia>
).

Detailed information:

After a coup on 12 October 1999, General Pervez Musharraf, the Chief
of Army Staff, ruled Pakistan illegally for eight years and 10
months. Parliamentary democracy in the country with its congenital
defects could not do anything to prevent the misuse of power by a
soldier; it had allowed them unwarranted powers. Like the hallmarks
of any other dictatorship, the violation of the supreme law of the
country, the constitution, started from the day of the coup continued
throughout the military dictatorship. Custodial torture, political
killings, disappearances, illegal and arbitrary detentions and
aggressive military action in Balochistan province in which the
Pakistan Air Force intensively bombarded the civilian population are
just a few instances to mention.

Musharraf gerrymandered the constitution to fit his military agenda
fueled by his incessant desire to retain power. Corruption and
nepotism was at its all time high. Those who were close to Musharraf
exploited the opportunity. Hundreds of persons lost their lives and
property. Innocent civilians faced the maximum brunt of this abuse.
Law enforcement agencies were misused to force the population into
silence. Those who tried to voice protest were muted by arbitrary use
of brute force.

Musharraf, during his tenure has personally ordered that crimes
against humanity be meted out against the people of Pakistan. He is
also responsible for the crimes committed by those who connived with
his dictatorship, and by the soldiers who acted under his command. It
is a settled rule that a dictator cannot absolve himself from his
command responsibility.

Impartial investigation precedes proper prosecution. The crimes
against humanity committed by Musharraf and his administration must
not remain a shameful blot on the history of Pakistan.

Each day that Musharraf continues in Pakistan without being forced to
account for the crimes that he and his administration committed during
his reign of terror, is an encouragement for similar elements in the
country's military. It is thus the responsibility of the current
administration of Pakistan to ensure that it does not happen. It is
equally the duty of each citizen of the country to ensure that
similar dictators are not allowed to hold the entire country at
ransom, thus ensuring a safer Pakistan for future generations. It is
also the responsibility of the world nations to ensure that Musharraf
is held accountable for the crimes that he has committed against
hundreds of citizens of Pakistan, and other states in the world.

SUGGESTED ACTION:

Please send the following appeal to the authorities in Pakistan.

To support this petition, please click here:http://www.ahrchk.net/ua/support.php?ua=UAC-027-2009 >


SAMPLE LETTER:

Dear _________,

PAKISTAN: Petition to bring Pervez Musharraf and his henchmen before
the law

I urge you to take actions to prosecute Pervez Musharraf, former
dictator of Pakistan, and his henchmen for the crimes they have
committed, on the following charges:

1 - Sedition 1: By usurping power and overthrowing a democratically
elected government, on 12 October 1999, Musharraf violated Article 6
of the Constitution of Pakistan. The Parliament has a constitutional
duty to ensure that a person who breaches Article 6 is tried for high
treason.

2 - Custodial torture: During the dictatorship, as many as 6000
persons were arrested, tortured and disappeared; the whereabouts of
many are still unknown. Torture was a commonly used tool in military
and police custody, often resulting in death. This is a violation of
Article 14 (2) of the Constitution, the fundamental right against
torture, read with Article 4 (2) (a) and Article 9 of the
Constitution that guarantees the right to life.

For further information please:

PAKISTAN: Twelve persons disappeared following their arrest by the police

UPDATE (Pakistan): A politician allegedly abducted once again by secret service agents after giving his statement in Sindh High Court

PAKISTAN: Gross negligence of the High Court of Sindh on disappeared persons who are allegedly detained in the military torture cells

UPDATE (Pakistan): Torture victim abducted after testifying about abuse
.

3 - Crimes against humanity in Balochistan: During the dictatorship
an estimated 3000 persons were murdered in Balochistan. 200,000
persons lost their homes, property and livelihood due to military
actions in the province. Musharraf ordered and monitored the
operation. Of the 3000 persons killed, most died from irresponsible
bombing carried out by the Pakistan Air Force, violating all basic
norms of humanity. During this period, many were randomly abducted,
raped and killed.

In addition, Musharraf also authorised aggressive military operations
in the northern parts of the country bordering Afghanistan. The
operation was carried out under the instructions of foreign
governments against the people of Pakistan, in the name of 'war
against terror'. North and South Waziristan, Bajor and the Malakand
district, including the Swat valley, were heavily bombarded,
displacing hundreds of thousands from their homes and communities.
Hundreds of persons are suspected to have lost their life in these
operations. There is no credible estimation of the actual casualties.


4 - Murder: A case of murder should be registered against Musharraf
and his military officers for the murder of 80-year-old Sardar Akber
Khan Bugti, nationalist leader, activist and former Chief Minister of
Balochistan. Bugti was murdered by the military on 26 August 2006.
Before his murder, Musharraf had personally threatened in public that
Bugti would be murdered. On this count Musharraf must be charged under
Section 302 of the Pakistan Penal Code, 1860.

5 - Abduction, rape and authorising sex slavery and sale of persons:
Young women were abducted by the military or other law enforcement
agencies and forced to be sex slaves in military torture cells.
Musharraf and his subordinate officers who overlooked and executed
this operation have committed crimes culpable under Sections 365,
367, 367 A, 368, 371 and 376 of the Pakistan Penal Code, 1860.

For further information please see: Case of Zarina Marri, a school
teacher:
PAKISTAN: Young women held in military torture cells and forced into sexual slavery

PAKISTAN: Zarina Marri has been missing along with 429 persons since December 2005

The case of Dr. Aafia Siddiqui: Dr. Siddiqui was arrested in March
2003 from Karachi and was kept incommunicado for almost five years
along with her three children. Musharraf and his cabinet were aware
about this incident, yet they denied it. Dr. Siddiqui was
continuously tortured and never given a chance to stand trial.
Musharraf has confessed in his autobiography that he has arrested
about 600 persons and handed them over to foreign countries, thereby
receiving payment from these countries for each person handed over.
For further information please see:

PAKISTAN/USA: A lady doctor remains missing with her three children five years after her arrest

USA/PAKISTAN: Dr. Aafia Siddiqui is removed to a psychological facility and denied access to her family, lawyers and her government

PAKISTAN: Children of Dr. Afia Siddiqui are removed from Bagram and their whereabouts are unknown and Dr. Afia is denied permission to attend court proceedings
WORLD/PAKISTAN: Pakistani and US State authorities must release information on the two children of Dr. Aafia who remain missing
PAKISTAN/USA: A lady doctor remains missing with her three children five years after her arrest

6 - Sedition II. On 3 November 2007, Musharraf imposed a state of
emergency in the country for which he had no authority under any law
in Pakistan. Through this act, he abrogated the constitution,
suspended fundamental rights and arrested 60 judges of the higher
judiciary including the Chief Justice of Pakistan.

Musharraf and his cabinet members, including the then Prime Minister,
Shoukat Aziz, publicly humiliated the highest judicial official of the
country, the Chief Justice Iftikhar Chaudhry, when he was produced
before the Supreme Judicial Council. Justice Chaudhry was publicly
manhandled by the police and detained for a short period.

On 12 May 2007, when Jusice Choudhry, visited Karachi on the
invitation of Sindh High Court Bar Association, he was stopped at the
airport and a coalition partner in Musharraf's dictatorship, the MQM,
blocked the roads to the airport by placing heavy barricades and
shooting at the people. Around 50 persons were killed on that day. On
the same day evening, Musharraf held a public meeting at Islamabad and
praised the hooliganism and violence of MQM in Karachi.

All the above acts amount to a violation of Article 6 of the
constitution. Musharraf and his henchmen must be charged for
violating the constitution on this count read with Sections 141, 144,
146, 148, 153, 153 A, 506 read with Sections 107 and 117 of the
Pakistan Penal Code, 1860.

7 - Wilful negligence and the disproportionate use of force, leading
to death: In July 2007 Musharraf and his cabinet authorised an armed
attack on a place of worship, the Lal Masjid, in Islamabad, in which
more than 100 persons were killed. Musharraf had at his disposal
several ways by which he could have handled the situation in Lal
Masjid, but he chose to deploy brute force, as prompted by his
domestic and foreign supporters, disregarding the long-term impact
the incident would have in the country, by causing division within
the society. On this count Musharraf is to be prosecuted under
Sections 295, 295 A and 298 of the Pakistan Penal Code, 1860.

8 - Violating the right to free expression and media freedom.
Journalists widely condemned Musharraf and his coalition party
members for orchestrating attacks on the media houses like Geo, ARY,
Aaj and FM103. Around 20 journalists were killed during his tenure,
and many others were harassed into self-censorship. Musharraf has
thus violated Article 19 of the Constitution for which he must be
punished.

9 - Institutionalised torture. Recent reports from victims have
spoken of at least 52 illegal torture cells run by the military in
different parts of the country; those inside were kept incommunicado,
and tortured for several months. Musharraf has reportedly visited
these centres and engaged in dialogues with the prisoners. Musharraf
and his associates have contravened Article 14 and Article 14 (2) of
the constitution of Pakistan.

10- Court-martial.

In addition to the charges and offenses suggested above Musharraf was
the Chief Of Army Staff in Pakistan during the period he committed the
crimes cited above. This is a violation of the Pakistan Army Act,
1952, the Pakistan Air Force Act, 1953, and the Pakistan Navy
Ordinance, 1961, for which Musharraf must face a full court-martial.

I request that you therefore investigate the incidents cited above,
and register cases against Musharraf and his henchmen for violating
the Constitution of the country and for crimes punishable under the
Pakistan Penal Code, 1860.

For the above reasons, I request you to take immediate actions to
bring Musharraf, his cabinet ministers and the prime ministers who
served under him during the dictatorship before the law. No longer
should usurpers engage in mass murder, illegal abductions and the
dissolution of the rule of law in the country. No longer should those
in power expect absolute impunity. The accused should be placed on
'exit control', which forbids them to leave the country until they
are tried.

Yours sincerely,

----

PLEASE SEND YOUR LETTERS TO:

1. Mr. Asif Ali Zardari

President

President's Secretariat, Islamabad

PAKISTAN

Fax: + 92 51 922 1422, 4768/ 920 1893 or 1835

E-mail: (please see and post your appeal in the website -
http://www.presidentofpakistan.gov.p...ntMessage.aspx
)

2. Mr. Syed Yousaf Raza Gillani

Prime minister of Pakistan

Prime Minister House, Islamabad

PAKISTAN

Fax: + 92 51 9221596

E-mail: webmaster@infopak.gov.pk <mailto:webmaster@infopak.gov.pk>
or makhdoomyrgillani@hotmail.com
<mailto:makhdoomyrgillani@hotmail.com>

3. Ms. Fehmida Mirza

Speaker, National Assembly of Pakistan

Parliament House, Islamabad

PAKISTAN

Fax: + 92 51 9221106.

E-mail: speaker@na.gov.pk <mailto:speaker@na.gov.pk>

4. Dr. Faqir Hussain

Registrar

Supreme Court of Pakistan

Constitution Avenue, Islamabad

PAKISTAN

Fax: + 92 51 9213452

E-mail: registrar@supremecourt.gov.pk
<mailto:registrar@supremecourt.gov.pk>

5. Minister of Law

Justice and Human Rights

S Block, Pakistan Secretariat, Islamabad

PAKISTAN

Fax: +92 51 920 2628

E-mail: minister@molaw.gov.pk <mailto:minister@molaw.gov.pk>

6. Mr. A Rehman Malik

Advisor / Minister for Interior

R Block, Pakistan Secretariat, Islamabad

PAKISTAN

Fax: + 92 51 9202624

E-mail: ministry.interior@gmail.com
<mailto:ministry.interior@gmail.com>
or interior.complaintcell@gmail.com
<mailto:interior.complaintcell@gmail.com>

Thank you.

Urgent Appeals Programme

Asian Human Rights Commission (ua@ahrc.asia <mailto:ua@ahrc.asia>


<Support Urgent Appeals >



-----------------------------
Asian Human Rights Commission
19/F, Go-Up Commercial Building,
998 Canton Road, Kowloon, Hongkong S.A.R.
Tel: +(852) - 2698-6339 Fax: +(852) - 2698-6367

I totally contradict on the above mentioned information. It is based on biasness. These are not facts rather the story of someone's impartiallity.

__________________
Assistant Security Officer- BS-16
Ministry Of Defence, GHQ.

Kindly elucidate.

I opine that these are the facts known by every one. u may contradict but support ur contradiction with strong arguments.

__________________
The color of blood in my veins is green,I am a proud Pakistani.

Facts are facts, they wont change.
But the facts here are exaggerated to some extent. All the mentioned unfortunate events took place, but not in the way they have been explained.

Regards,

@ Farooq Bro

I will try to come up with strong arguments with supportive evidences. And the thing which i wana clear at the spot is that the things which mentioned above may happen in any country like corruption and this and that but it doesn't mean that u should bring the former president on the charge of corruption in court. i don't think its reasonable and if it is then why you support PML-N and PPP and other parties who all are corrupt .. and for what this national reconciliation ????

__________________
Assistant Security Officer- BS-16
Ministry Of Defence, GHQ.

Crimes of Pervez Musharraf can not be ignored. The surrendering of the innocent people of Pakistan to the treacherous hands of CIA for dollars.as he admitted in his book "In the Line of Fire" .Musharaf parted the constitution on many occasions just for the sake of power.He must be tried and punished for these oppressions and many many more. He is not at all innocent as he is posing now. He must not be allowed to go unpunished. That would be a mockery of justice. He and his henchmen all must not be allowed to go unpunished under any circumstances.The world must support this demand and GHQ must not support musharaf anymore.Doctrine of necessity should be buried forever.

__________________
The color of blood in my veins is green,I am a proud Pakistani.

@ Farooq Bashir

Then not only against musharraf, there are a lot of other culprits roaming freely in pakistan. They all should be prosecuted too. Do u think that our other leaders are innocent who are playing part in currnet politics of our country. The doctrine of necesitty has buried that day when General Keyani said that he will not take part in politics. if u want to trial musharraf .. go a head I will support you in this virtuous act, but not only his trial, brings those all who have done injustice to our nation in any kind. And they all are free.

__________________
Assistant Security Officer- BS-16
Ministry Of Defence, GHQ.

I absolutely agree with u sir.But Doctrine of necessity will remain alive untill we do not apply Article 6 of our constitution.what is the guarantee that after General Kiani no army cheif will overthrow the ellected government?? but if make an example by prosecuting Musharaf then no army man will dare to overthrow the constitution.As for as political leaders are concerned,sir they are elected by us,if we find them corrupt,we can replace them with some other sincere ones in the next termpolitical leaders are accountable to the public,furthermore a strong judiciary can play an important role in this regard.Laws are there,we just got to make them implement.General Musharaf was not a representative of the people of pakistan but political leaders are, and we are the one who elect them and we should be the one who trial them.

Alrite lets have a look what Article 6 of the constitution says.

High treason.

(1) Any person who abrogates or attempts or conspires to abrogate, subverts or attempts or conspires to subvert the Constitution by use of force or show of force or by other unconstitutional means shall be guilty of high treason.
(2) Any person aiding or abetting the acts mentioned in clause (1) shall likewise be guilty of high treason.
(3) [5] [Majlis-e-Shoora (Parliament)] shall by law provide for the punishment of persons found guilty of high treason.

__________________
The color of blood in my veins is green,I am a proud Pakistani.

I endorse that we elect political leaders .. but for corruption? we elect them for the welfare of nation if they harm our nation they must be prosecuted and if a person holds the strings of governance from army our judiciary endorses him and who make the laws of that judiciary the representative of nation so they deserve more to be prosecuted before musharraf and those all judges too who takes oath over PCO .. and remember once our so called faithful chief justice iftikhar Muhammad Chaudhry has taken oath over pco also. then he is also a culprit who has endorsed musharraf reign. why don't you bring him in court too???


here the doctrine of necessity will come for iftikhar chaudhry if asked to him.

My dear Our system is like a tornado.

Didn't Chief Justice aided and abetted general Musharraf under law of necessity. So according to the second clause of article 6, any person who assists in abrogating the constitution shall like wise be guilty of high treason.

Its mean we should file a pettion also against chief justice.

__________________
Assistant Security Officer- BS-16
Ministry Of Defence, GHQ.

Sir if u read our constitutional history u will come to know that constitution of 1973 was the first and prhaps last document who had the faith of entire nation.every section of our society endorsed it.we should restore it in its original form.yes Iftikhat choudhry took oath under PCO,but sir did not Muhammad Ali Jinnaj contest election under british government?does it mean that he gave up the demand of independence and demand for pakistan?All i would say that"khuda Ferhon k ghar main Musa paida krta hai"Iftikhat Choudhry might not have rescued the nation if he had not taken the oath under PCO.A chief justice under any constitution is likely to be more harmful to a dictator than an ordinary person.He punched Musharaf at the right time and to do so it was necessary to have power.

__________________
The color of blood in my veins is green,I am a proud Pakistani.