E/CN.4/1997/7/Add.2
page 9
(Dr. Halepota did not claim that he himself was subjected to interrogation
under torture.) In both the case of Dr. Halepota and that of the individual
who provided testimony to the Special Rapporteur during his stay in Islamabad,
FIA, in response to inquiries from their families, denied that they were being
held. In neither case were the detainees formally charged with any crime, nor
were they ever brought before a magistrate or allowed to contact a lawyer or
their families.
30.
Given the coincidences in testimony, the substantial body of police
guarding the facility (an exorbitant number for a "rest house"), the arrival
and departure during the Special Rapporteur’s visit of vehicles capable of
transporting persons and the refusal of access to the Special Rapporteur, as
well as other information the Special Rapporteur does not, in the interests
of others’ safety, deem it prudent to disclose, the Special Rapporteur is
constrained to conclude that the place was an FIA "safe house" where
unlawfully detained persons were held, usually for interrogation under torture
elsewhere, and that such persons were so held at the time of the Special
Rapporteur’s visit.
31.
Upon his arrival in Karachi, the Special Rapporteur received information
alleging that seven individuals had been arrested without warrant in Karachi
and fears were expressed that they might be subjected to torture or
extrajudicial killings. According to the information, Syed Ashraf Ali,
Syed Naushad Ali, Syed Nusrat Ali and Mohammad Saleem were arrested at 1 a.m.
on 29 February 1996 and Tanvir Adil Siddiqui, Ovais Siddiqui and Azizi Mustafa
were arrested on 27 February 1996. The source had no information on those
responsible for the arrests without warrant. Based upon this information,
the Special Rapporteur issued an appeal on 1 March 1996 calling upon the
Government of Pakistan to take the necessary steps to ensure and protect
the physical integrity of the persons who had been arrested.
32.
At a meeting with the Deputy Inspector-General of Police for Karachi,
the Special Rapporteur inquired whether the Deputy Inspector-General had any
information on the arrest of these seven individuals. He replied that he had
no information at that time, but assured the Special Rapporteur that he would
investigate the matter and provide the Special Rapporteur with any information
he was able to collect.
33.
At a meeting on 3 March 1996 with the Deputy Inspector-General of the
Rangers for Karachi, the Special Rapporteur asked whether the Rangers had
possibly detained the seven individuals. The Deputy Inspector-General of the
Rangers replied that it was not possible for the Rangers to have detained
those individuals, having no authority under Pakistani law to hold suspected
criminals. He indicated that while the Rangers did have the authority to
arrest individuals suspected of criminal activity and to interrogate the
suspects, they must turn the individuals over to the police within 24 hours.
In this particular case, he stated, six of the individuals had been arrested
by the Rangers; five of them had been handed over to the police on 28 February
and Ashraf Ali had been handed over on 29 February. He also indicated that
the six individuals had been taken to a police station house in Central
District of Karachi and that they were currently being held in the Central
Jail of Karachi.