Pakistan: Human Rights Defender Asma Jahangir still under house arrest in Pakistan

Brief description of the situation:

The Observatory has been informed by the Human Rights Commission of Pakistan (HRCP) about the arbitrary house arrest of Ms. Asma Jahangir, HRCP Chairperson, human rights lawyer and United Nations Special Rapporteur on freedom of religion or belief, as well as the arrest warrant issued against Ms. Hina Jilani, Special Representative of the United Nations Secretary General for Human Rights Defenders.

According to the information received, in a context where the President Musharraf has imposed a state of emergency in Pakistan, suspended the constitution, dismissed the Chief Justice and arrested leading lawyers, Ms. Asma Jahangir was put under house arrest late on November 3, 2007, under a 90 days preventive detention order (SO (IS-I)3 – 24 / 200), issued by the Home Department of the Government of Punjab and reportedly to prevent her making “inflammatory speeches”.

The Observatory was further informed that a house arrest warrant for a period of 90 days has been issued against Ms. Hina Jilani, who is expected to be detained by the police when she returns from overseas.

On November 4, 2007, the police raided the office of the Human Rights Commission of Pakistan situated at Tipu Block, New Garden Town in Lahore and arrested 55 of its members . Charged with holding “illegal assembly” and interfering with public officers under the Criminal Procedure Code, they were taken into preventive detention under Maintenance of Public Order Ordinance and remanded to the Kot Lakhpat Jail Lahore.

Messrs. Syed Igbal Haider and I. A. Rehman, respectively HRCP Secretary General and Executive Director, were also among those arrested and were then placed under house arrest.

On November 5, 2007, Messrs. Igbal Haider and I. A. Rehman, along with the other HRCP members who had been arrested on the day before, appeared before a judge and were sent to the Kot Lakhpat Jail Lahore till the next hearing, on November 6, 2007.

The Observatory expresses its deepest concern regarding these arbitrary arrests, as they seem to merely aim at sanctioning the mentioned defenders’ human rights activities and strongly condemns these serious violations of fundamental rights and international human rights law.

The Observatory further recalls that, as member of the Human Rights Council, Pakistan is committed to “uphold the highest standards of promotion and protection of human rights” , and therefore urges the Pakistani authorities put an end to any kind of harassment against all human rights defenders in Pakistan.

Actions requested:

Please write to the authorities of Pakistan urging them to :

i. Guarantee in all circumstances the physical and psychological integrity of Ms. Asma Jahangir, Ms. Hina Jilani, Mr. Ibal Haider and Mr. I.A Rehman as well as of all HRCP members currently detained or under house arrest;

ii. Put an end to the house arrest of Ms. Asma Jahangir and release immediately and unconditionally Mr. Iqbal Haider, Mr. I.A Rehman as well as all other HRCP members who are currently detained, since their detention is arbitrary as it merely aims at sanctioning their human rights activities;

iii. Cancel the warrant of arrest issued against Ms. Hina Jilani as it seems to merely aim at sanctioning her human rights activities;

iv. Put an end to all acts of harassment, including at the judicial level, against all human rights defenders in Pakistan;

v. Conform with the provisions of the UN Declaration on Human Rights Defenders, adopted by the General Assembly of the United Nations on December 9, 1998, especially its article 1, which states that “everyone has the right, individually and in association with others, to promote and to strive for the protection and realisation of human rights and fundamental freedoms at the national and international levels” and article 6, which states that “everyone has the right, individually and in association with others: to know, seek, obtain, receive and hold information about all human rights and fundamental freedoms (...), freely to publish, impart or disseminate to others views, information and knowledge on all human rights and fundamental freedoms and to study, discuss, form and hold opinions on the observance (...) of all human rights and fundamental freedoms and, through these and other appropriate means, to draw public attention to those matters”.

vi. Ensure in all circumstances respect for human rights and fundamental freedoms in accordance with international human rights standards and international instruments ratified by Pakistan.

Addresses:

· General Pervez Musharraf, President, Pakistan Secretariat, Islamabad, PAKISTAN, Fax: +92 51 922 4768/ 920 1893 or 1835

· Mian Kurshid Mahmud Kasuri, Minister of Foreign Affairs, Ministry of Foreign Affairs, Islamabad, PAKISTAN, Tel: +92 51 92 10 335, Fax: +92 51 920 7600

· Ghulam Safdar, Joint Secretary for Law, Justice and Human Rights, Islamabad, PAKISTAN, Tel: +92 51 921 1278, Fax: +92 51 920 1631

· Ambassador Masood Khan, Permanent Mission of Pakistan to the United Nations in Geneva, Rue de Moillebeau 56, Case postale 434, 1211 Geneva 19, Switzerland, E-mail: mission.pakistan@ties.itu.int, Fax: +41 22 734 80 85

· Embassy of Pakistan to the EU in Brussels, 57 avenue Delleur, 1170 Watermael-Boitsfort, Belgium, Fax: + 32 2 675 83 84, Email: parepbrussels@belgacom.be

05 November 2007

Kindly inform the Observatory of any action undertaken quoting the code of this appeal in your reply (PAK 001 / 1107 / OBS 136). The Observatory, a FIDH and OMCT venture, is dedicated to the protection of Human Rights Defenders and aims to offer them concrete support in their time of need. The Observatory was the winner of the 1998 Human Rights Prize of the French Republic.

To contact the Observatory, call the emergency line:
E-mail: appeals@fidh-omct.org
Tel and fax FIDH + 33 (0) 1 43 55 20 11 / +33 1 43 55 18 80
Tel and fax OMCT + 41 (0) 22 809 49 39 / + 41 22 809 49 29

International Federation for Human Rights
17, Passage de la Main d’Or 75011
Paris, France

World Organisation Against Torture
Case postale 21 - 8 rue du Vieux-Billard1211
Geneva 8, Switzerland

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[2] "It is with the deepest concern that the Jury of the Martin Annals Award for Human Rights Defenders (MEA) has learned that its 1995 Laureate, Ms Asma Jahangir, has been put under house arrest for 90 days, as from the 3rd of November 2007.

The grounds for this detention order (SO (IS-I)3 – 34 /200/ - issued by the Home Department of the Government of Punjab) are totally spurious and unsubstantiated (e.g. that she “will deliver inflammatory speeches”). A similar fate awaits her sister, Hina Jilani, who is Special Representative of the Secretary-General on Human Rights Defenders, when she returns from an overseas trip.

The fact that many other progressive lawyers and judges have been targeted with such orders or even imprisoned, shows that this is a purely political move by the Pakistani Government.

Ms Jahangir is a leading human rights lawyer in Pakistan, and recognized as such by many international organizations. In 1998 the United Nations nominated her as Special Rapporteur on extra judicial executions and in 2004 on freedom of religion or belief. She is not only a Laureate of the MEA but also one of the Patrons.

The 10 international NGOs on the Jury of the MEA – as well as the Patrons of the MEA – demand the immediate lifting of the house arrest of Ms Jahangir.

A unique collaboration among 10 of the world's leading human rights organizations makes the MEA the main prize of the whole movement. The JURY is composed of the following: Amnesty International, Human Rights Watch, Human Rights First, International Federation for Human Rights, World Organization Against Torture, International Commission of Jurists, German Diakonie, International Service for Human Rights, Front Line and HURIDOCS.

Patrons of the Martin Ennals Award are: Asma Jahangir, Barbara Hendricks, José Ramos-Horta, Adama Dieng, Leandro Despouy, Robert Fulghum, Theo van Boven and Werner Lottje†.

The previous laureates are: Pierre Claver Mbonimpa, Burundi, and Rajan Hoole & Kopalasingham Sritharan, Sri Lanka (2007); Akbar Ganji, Iran and Arnold Tsunga, Zimbabwe (2006); Aktham Naisse, Syria; Lida Yusupova, Russia; Alirio Uribe Muñoz, Colombia; Jacqueline Moudeina, Chad; Peace Brigades International; Immaculée Birhaheka, DR Congo; Natasa Kandic, Yugoslavia; Eyad El Sarraj, Palestine; Samuel Ruiz García, Mexico; Clement Nwankwo, Nigeria; Asma Jahangir, Pakistan; Harry Wu, China (1994).

For further information, please contact Luis Marreiros, Coordinator MEA/MEF

Tel. +41 22 809 4925 marreiros@martinennalsaward.org / www.martinennalsward.org"

Source: the World Organisation Against Torture (OMCT), as a member of the Jury of the Martin Ennals Award