MQM’S WORLDWIDE PROTEST
MUTTAHIDA QUAMI MOVEMENT (MQM) BEGINS ITS WORLDWIDE PROTEST CAMPAIGN TO PROTEST AGAINST THE CONTINUED INJUSTICES, ATROCITIES AND THE DENIAL OF THEIR FUNDAMENTAL RIGHTS BY THE SUCCESSIVE GOVERNMENTS OF PAKISTAN INCLUDING THE PRESENT MILITARY GOVERNMENT
1 August 2000
London
In continuation
to its massive Worldwide Protest Campaign, today, the Members of
the Muttahida Quami Movement (MQM) United Kingdom Overseas Unit
and a large number of Mohajirs residing in the United Kingdom
staged a peaceful demonstration in front of the Office of the
Amnesty International in London. The peaceful protest
started at 1 p.m. and continued until 3 p.m.
This demonstration was organised to draw the attention of the Amnesty International towards the denial of fair trial and the slaying of judiciary in Dr Farooq Sattar’s Case by the Accountability Courts established under the draconian NAB Ordinance by the present military regime. Moreover, it was also requested from the Amnesty International to raise their voice over the plight of the Mohajirs in Pakistan, particularly the leader, workers and supporters of the MQM, which is continuing since the commencement of the Army Operation on 19 June 1992.
At the end of the demonstration Dr Imran
Farooq, Convenor of MQM Coordination Committee, Mr Saleem Shahzad,
Member of MQM Coordination Committee and Mr Sohail Zaidi, Joint
Organiser MQM UK Unit submitted a petition on behalf of the
British Mohajirs to the representatives of the Amnesty
International (Copy of the petition attached). The Amnesty
Officials assured the MQM delegation of their cooperation.
We the British Mohajirs are writing to you while observing the world wide protest against the denial of fair trial, injustices, oppression and the near-genocide of the Mohajir nation by the military government of Pakistan in continuation with the established policy of the Punjabi army, feudal oligarchy and the establishment that has been most systematically and persistently pursued by the successive governments.
Dr Farooq Sattar, former Senior Minister in the Government of Sindh, parliamentary leader of MQM in the suspended Sindh Assembly, former Mayor of Karachi and senior Member of the MQM Coordination Committee. The military authorities and police raided his house on 17 November 1999. He voluntarily offered his arrest on 26 November 1999, after informing the news media in a press conference that allegations of corruption against him are baseless and a continuation of State policy of criminalisation of MQM.
On Saturday, 15 July 2000, Judge Farrukh Latif, heading the Accountability Court at Attock Fort announced the judgment in the KMC Octroi reference (Reference 1 of 2000) filed by the National Accountability Bureau (NAB) against Dr Farooq Sattar. He has been sentenced to 14 years rigorous imprisonment and a fine of Rs 5 Crores (i.e. 50 million rupees). In default of payment of fine, he shall undergo further rigorous imprisonment for a period of 3 years. In addition, he has been disqualified for 21 years for seeking or from being elected, chosen, appointed or nominated as member or representative of any public office or any statutory or local authority of the Government of Pakistan.
The sentence of the National Accountability Bureau (NAB) Court is unconstitutional, unlawful, unjust and discriminatory. It was evident throughout the proceedings that the accountability court exhibited no respect to the constitution, justice, fundamental rights and fair play. The proceedings of the case were carried out with utter disregard to the judicial system, fair play and the Constitution. Furthermore, the case in question is also pending adjudication in the Supreme Court of Pakistan, therefore, rendering judgment in this reference amounts to pre-empting the area of decision reserved by the Supreme Court for itself.
The mysterious shifting of Dr Farooq Sattar from Karachi prison to Attock Fort on 21 February 2000 was part of the conspiracy of the Punjabi Establishment to deny him of the ‘right to fair trial’. The Attock Fort is not only over one thousand miles from Karachi; it is also in the other province of the country. The entire premise of the Attock Fort is under total control of the Pakistan Army. The distance from main outer gate to the court premises is more than a kilometre. The court itself has no control over the ingress and egress of persons to the courtroom. Despite many complains over the obstacles placed in the way of Dr Farooq Sattar’s Counsel to approach his client, no concrete steps were taken to redress the grievances. Moreover, Dr Farooq Sattar’s counsel was also prevented from participating in court proceedings during the cross examination of important witnesses. It is important to note that by shifting Dr Sattar at such a remote location, the Establishment made it impossible for his family members to effectively and regularly communicate with him, thus forcibly and effectively prevented him from legal assistance. Furthermore, in total disregard to open and fair trial, a special “kangaroo” court was established within the Attock Fort. It is also important to mention that the Attock Fort NWFP (on the border of Punjab) has been notorious for forcible detention of political opponents of the repressive regimes. It is located at such a position that it is fully controlled and managed by the Military and Paramilitary forces.
The sentence of rigorous imprisonment, fine and disqualification by the “kangaroo court” of NAB against Dr Farooq Sattar is the continuation of policy of racism, chauvinism and ethnic cleansing of the Mohajirs by the Punjabi Establishment. The sentence has not been awarded to Dr Farooq Sattar but it has been awarded to the 22 million Mohajirs living in the province of Sindh. It was abundantly clear from the inhuman and degrading treatment meted out to Dr Farooq Sattar from the day of his voluntary arrest that it is not a judgment of the court but it is a judgment of the Punjabi Establishment against the entire Mohajir nation. The process of ethnic cleansing of Mohajirs has been underway for the past eight years and the recent judgment of the “kangaroo court” of NAB against Dr Farooq Sattar is a part of this ethnic cleansing.
The Accountability Courts have been established under the draconian National Accountability Ordinance promulgated by the present military regime on the pretext to fight corruption. However, as the constitution of the land is in abeyance, therefore, these courts are being used for political victimisation.
Commenting on the National Accountability Ordinance the Human Rights Watch in its press release “Clinton Should Denounce Abusive Law in Pakistan Trial of Political Figure Opens on Day of U.S. President's Arrival “ of 25 March 2000 stated,
The National Accountability Ordinance was ostensibly adopted to aid in the fight against corruption but Human Rights Watch noted that the broad terms of the law violate international standards and invite selective application against perceived political enemies. Detainees need not be produced in court within 24 hours, as otherwise required by Pakistan's Criminal Procedure Code, and bail is prohibited. The ordinance also allows for expedited trials to be conducted within thirty days. Convicted persons are automatically barred from holding political office for twenty-one years.
As far as the credibility of the judges, particularly the judges of the Accountability Courts set-up by the National Accountability Bureau run by the military government is concerned, it is highly questionable as they are under a fresh oath of allegiance to the military administration of Pakistan.
The US State Department in its press release of 27 January 2000, has emphatically deplored the act of the present military government of taking fresh oath of loyalty of judges. The press release goes on to state:
The government's move undermines the integrity and independence of the judiciary. By forcing judges to pledge to uphold the Order--which places Pakistan's Constitution in abeyance--General Musharraf has removed his actions from judicial review. The military-backed government can now act without facing such review.
According to the press release of the International Commission of Jurists of 27 January 2000:
The International Commission of Jurists (ICJ) and its Centre for the Independence of Judges and Lawyers (CIJL), voiced utmost concern over military instructions to judges in Pakistan to take a fresh oath of allegiance to the unconstitutional army led administration in that country.
It is a matter of record that for past many years the MQM has been subjected to a sustained crackdown and a reign of political victimisation and persecution by the successive regimes. On one hand, the party has been faced with ruthless Army operation while on the other it has been subjected to an organised media trial. It is also a matter of record that brutal torture was inflicted upon the leaders, office bearers, elected representatives and supporters of the MQM to extract manufactured confessional statements from them. Those who resisted to such horrifying torture were extra judicially murdered or maimed for life.
We, therefore, request you to give due and sympathetic consideration to the current state of affairs in Pakistan and take immediate steps to:
Raise your voice against the miscarriage of justice and denial of fair trial to Dr Farooq Sattar. Use your good offices to stop the Military regime in Pakistan from violating the Constitution of Pakistan and the United Nations Charter, Conventions and Covenants.
Ask the present Military Regime in Pakistan to respect the constitutional and basic fundamental rights of Dr Farooq Sattar and immediately arrange to send Dr Farooq Sattar back to Karachi, so that he can have adequate legal assistance of his choosing.
We request you to take up this gross violations of human rights and denial of “right to fair trial” with your appropriate Ministers and Officials with the view that they raise this brazen violations with the representatives of the Military Government of Pakistan during their bilateral meetings.
Take appropriate steps to end such unwarranted trials and tragedies against the leaders, office bearers, workers and supporters of the MQM.
Yours respectfully