PAKISTAN: SUSPECTS IN RAPE OF CHRISTIAN GIRL CLEARED

Police in Muslim-majority nation suspected of corruption.

ISTANBUL, April 10 (Compass Direct News) – Police have declared three Pakistani men innocent of raping a 13-year-old Christian girl despite eye witness accounts and medical evidence indicating their guilt.

At a hearing in Nankana Sahib district court on April 3, police from the Pakistani town of Sangla Hill, 64 miles from Lahore, cleared 40-year-old Mohammed Shahbaz, 30-year-old Waqas Sadiq and 25-year-old Yousaf Sadiq of accusations of raping and threatening Ambreen Masih.

Shahbaz was the only suspect to attend the hearing, which was initially called to discuss terms of his pre-arrest bail. But Judge Ijaz Hussan Awan said he couldn’t set terms for bail if police didn’t want to arrest or detain him.

“In Pakistan it has always been like this – the wealthy person can approach the police and change the course of an investigation,” said prosecuting attorney Akbar Durrani. “Regarding Christians, they cannot put any pressure on the police for a fair investigation.”

Ambreen and her family accuse Waqas Sadiq and Yousaf Sadiq of kidnapping her and taking her to their family residence. The Masihs accuse the two men and Shahbaz of repeatedly raping her, releasing her after two hours and threatening to kill her if she informed authorities.

The three men, along with a relative, 25-year-old Zahid Riyasat, allegedly kidnapped her a second time on Feb. 5. When her parents started to worry about her absence, her father, Munir Masih, organized a search party with other local Christians. They found the three suspects at the house of the Sadiqs’ father, raping her at gunpoint, according to a First Instance Report (FIR).

As the search party approached the four suspects, the accused fired warning shots into the air and then ran away, Munir Masih said in the report.

Ambreen then returned home with her family. She said that when the captors originally abducted her, they said, “We will kill your parents if you tell them this.”

On Feb. 6 Masih obtained permission from the judicial magistrate of Sangla Hill for an official medical examination of Ambreen, which established that she had been raped. Her parents sought police to file charges against the three men, but officers responded only after CLAAS prompted them to open a case.

After police declared the three men innocent following their investigation, lawyers representing Masih accused family members of the suspects of bribing police.

“In that village, Christians are nothing for the Muslims, they make them work for them and sometimes make them work without paying them,” said CLAAS field worker Katherine Sapna.

The three accused men are part of a wealthy family of land owners in Sangla Hill. Ambreen comes from a poor background and has seven siblings. Her father works as a day laborer, and Ambreen and two of her sisters work as domestic servants.

Attorney Durrani has appealed to the Lahore High Court to put different police officers on the investigation. Although local police declared the three suspects innocent at the April 3 hearing, they did not deny that Ambreen had been raped. But the police did not suggest any other suspects, Durrani told Compass.

Around 60 Christian families live in Sangla Hill, located near the industrial city of Sheikupura, northwest of Lahore.

 

Murdered Christian

Police reluctance to prosecute crimes against Christians in Pakistan also has hampered Samson Joseph, attorney for the family of Adeel Masih, a 19-year-old Pakistani Christian believed to be the victim of an “honor killing” by two Muslims.

On April 1 the Sessions Court in Gujranwala held a hearing in which police declared the suspects innocent.

Masih was found dead in May 2008 in Hafizabad. Police originally declared his death a suicide, but his family and human rights lawyers believe relatives of a 19-year-old Muslim woman, Kiran Irfan, with whom Masih had a one-year relationship, tortured and killed him.

District police arrested her father, Mohammed Irfan, and her uncle, Muhammad Riasat, in July 2008 – two months after Masih’s family went to Gujranwala police, who initially declined to charge Irfan’s family with any crimes and effectively declared them innocent. A high inspector has reopened the case and taken the two suspects into custody.

Sapna of CLAAS said the case has taken its toll on the family of Adeel Masih, whose father is suffering psychological problems from the apparent murder.

Marriage between Christian men and Muslim women is forbidden according to a strict interpretation of sharia (Islamic law), and even social contacts such as these can incite violent reactions in Pakistan, a majority-Muslim nation of 170 million.

Report from Compass Direct News

PAKISTAN: CHARGES FILED AGAINST KIDNAPPERS OF YOUNG SISTERS

Police ignore arrest order, but lawyers hopeful 13-year-old can be returned to parents.

ISTANBUL, February 26 (Compass Direct News) – After months of legal deadlock, lawyers in Pakistan said they have new hope they can restore to her family a 13-year-old Christian girl who was kidnapped and forced to marry a Muslim.

Saba Masih might be returned to her family, the lawyers said, if they can legally maneuver around Pakistani policemen who have stonewalled their attempts to pursue a kidnapping case against the captors. On Saturday (Feb. 21) a Pakistani judge charged the suspects with kidnapping for the first time in the seven-month legal ordeal.

“The judiciary is one thing, the police are another,” said Arfan Goshe, a lawyer who has taken on the custody case. “I will prove [the three accused men] kidnapped Saba so the judiciary will force the police to arrest them.”

On Saturday (Feb. 21), Judge Mohammed Ilyas issued a First Instance Report (FIR) at a subordinate court in the Punjabi village of Chawk Munda against Amjad Ali, Muhammad Ashraf and Muhammed Arif Bajwa on charges of kidnapping, trespassing, and threatening the Masih family.

Attorney Goshe, a Muslim, said the three kidnappers trespassed onto the property of Yunus Masih, the father of Saba, and threatened to kill his family and burn down his house in late December.

The decision to file kidnapping charges marks a major shift of momentum in the case. In previous hearings judges have nearly always sided with the kidnappers – based on either dubious evidence or threats from local Islamists – in the Muslims’ legal battle to retain custody of Saba and her 10-year-old sister Aneela. A court ruled the younger daughter could return to her family last September.

The two girls were kidnapped in June 2008 while traveling to visit their uncle in Sarwar Shaheed, northwest of Multan. Saba was married to Ali the next day. Bajwa and Ali registered a case with police on June 28 for custody of the girls based on their alleged conversion to Islam. The court granted them custody in July.

At nearly all the hearings, Muslim groups protested outside the courtroom against lawyers attempting to return Saba to her Christian parents. A traditional interpretation of Islamic law (sharia) does not allow non-Muslim parents to have custody of Muslim children.

In spite of the judge’s decision to begin procedures for kidnapping charges, Chawk Munda police have not followed through with the FIR by arresting the three Muslims. Today the judge contacted the local police station and ordered officers to register the kidnapping case against the three men, Goshe told Compass. He said he hopes police will file the FIR within the next few days.

“The police are favoring the accused party at this time,” he said. “Everybody knows [Saba] was abducted, and that the culprits are trying to threaten minorities everywhere.”

But others are less optimistic the kidnappers will be arrested. Khalid Raheel, Saba’s uncle, said he believes he may have to bribe the police. They would likely demand around 20,000 Pakistani rupees (US$250), he said.

Uncooperative police had also blocked the legal team’s efforts to register charges before Saturday’s ruling. As a result, the Christian family’s lawyers filed a private complaint to the subordinate court of Chawk Munda, sidestepping the need for a police investigation to file charges that would be necessary at a normal criminal court.

Goshe said the court is finally complying after months of deadlock because the multiple charges against the kidnappers cannot be ignored. Previous court hearings focused on Saba’s alleged conversion to Islam to mitigate the charges of her kidnapping, but the judiciary could not ignore the three suspects’ subsequent crimes of trespassing and attempting to burn down the Masihs’ house, he said.

In January, lawyer Akbar Durrani of the Centre for Legal Aid Assistance and Settlement (CLAAS) filed an appeal to register kidnapping charges against Ali, the husband of Saba. Durrani had tried to register these charges in December, but Judge Malik Saeed Ijaz refused the case since it was built upon the testimony of Saba’s sister Aneela, whose status as a minor invalidated her testimony.

Instead, the judge ordered Ali to pay a dowry of 100,000 rupees (US$1,255) and allow her parents to visit, both required by Pakistani marriage protocol. Saba, however, relinquished her dowry, a prerogative provided by sharia. Her family suspects that she made this decision under threat.

 

Struggling Family

Attempts by Saba’s family to contact and visit her have been thwarted by Ali’s Muslim family members, despite a court order for visitation rights.

“We have heard nothing from Saba,” said Raheel, her uncle. “Once we tried to visit her, and [Ali’s family] ran after us and tried to shoot us. But the judges did not do anything.”

The seven months of legal battling have taken their toll on Saba’s family. Her parents have eight children but have been unable to send their sons to school due to the ongoing costs of the case, even though CLAAS has undertaken it pro bono.

The girls’ uncle has been trying to maintain the family’s quality of life as they struggle to get Saba back and their legal options dwindle.

“This year I will try my best to help them and send them to a school,” said Raheel.

Aneela continues to adjust to life back with her family, away from captivity. She is preparing to resume her schooling.

 

Common Crime

Kidnapping and rape victims in Pakistan are often Christians, since the influence of sharia on the country’s judicial system means they can be unofficially treated as second-class citizens.

Last month Muslims allegedly abducted and raped another 13-year-old Christian girl. CLAAS reported that two men kidnapped Ambreen Masih in the industrial city of Sheikupura, located northwest of Lahore. Her attackers threatened to her keep silent, and she was abducted a second time this month before her parents discovered the crime, according to a CLAAS report.

The family filed rape charges against the two kidnappers in Sheikupura, but policeman have not yet taken legal action, according to CLAAS.  

Report from Compass Direct News