Quick action to save Shams Baloch's life

Subject: Application under Article 34 of Convention for the Protection of Human Rights and Fundamental Freedoms read with Art 22 (4) (CAT) in respect of Mr. Shams Baloch’s abduction and illegal detention.

Dear/Sir

We the family members of Mr. Shams Baloch would like to invite the attention of world community and responsible organizations of United Nation particularly to the office of the high commissioner for Human Rights (OHCHIR) in respect of Mr. Shams enforced disappearance and illegal detention.

Someone can imagine the situation on the occasion, crying of children for their father, shouting of a poor wife for her husband, and torture of a son before a kind, tender hearted, and 80 year sick mother. Soon after the incident our mother lost her senses becoming unconscious and until now in a severe critical condition.

We approached to SHO of the concerned police station but he made lame excuses. On 6th July the concerned police officer registered the case due to public pressure and on the orders of the Judge.We have sent letters to all responsible officials of the province and a petition in the Balochistan High court against his habeas corpus but all seem to be powerless, fearful and irresponsible on this specific human issue in spite that we have nominated the concerned security personals.

Sir! Isn’t it the violation of human rights to disgrace a honest, respected political leader who has been representative of the people, before his children, mother, wife and other crowd on the main high way? Isn’t it the violation of children rights who were crying during the incident and now too being orphan by national guards (so called)? Isn’t it the violation of women rights that a wife and mother were howling? Why they don’t respect the law, the constitution of the country in which within 24 hours an alleged must be presented before court. if this is our country then why they are reluctant to give us our basic rights neither Islam nor democracy allows these grand violations of human rights, on the name of which this country came into being.

On the other hand we are being threatened by unknown calls that pursuing the case would mean our family’s doom and destruction. We haven’t asserted that not to detain or charge Mr.Shams but to disappear a person & to deny his detention makes us worried which reveals their bad intentions. Social and political activists and members of nationalist parties in the Pakistani province of Balochistan are frequent targets for enforced disappearance and targeted killings. The victims' relatives blame the Frontier Corps and the Pakistan security agencies and they are refusing, how is it possible that about 9000 people are lying and the state rein less agencies are telling the truth, which is a shameful & shocking.

Recently Zaman Marri advocate (despite the chief justice of Baochistan’s sou motto action against his abduction), and Ali Sher kurd advocate’s Mutilated bodies were found who were abducted few days back openly. In the few months the Pakistani press has reported a number of targeted killings and abductions of prominent political activists and political workers in Balochistan province.Former senator Habib Jalib Baloch, Secretary General of the Balochistan National Party-Mengal (BNP-M), was assassinated on 14 July in the Parkani abad area of Quetta, by three gunmen on a motorbike; and another leading member of the BNP-M, Liaquat Mengal, was shot dead on 20 July, by three gunmen on a motorbike, near his house in the Kalat district of Balochistan.On 26 July, the bullet-riddled bodies of Ashfaq Ahmed Mullahzai and Muhammad Farooq Mengal were recovered in Quetta, in the Kili Qambrani area. Their relatives claimed they had been abducted in May 2010. On its own initiative, the Balochistan High Court took notice of the killings, and ordered the police from the Shalkot police station (responsible for the KIli Qambrani area) to submit a report. In April 2009, the mutilated bodies of three political leaders – Sher Muhammad Bugti, a leader of the Balochistan Republican Party; Ghullam Muhammad, a leader of a faction of the Balochistan National Movement; and Lala Munir Baloch – were found by police near Turbat city in southern Balochistan. The three men had been abducted a week earlier by men in civilian clothing and taken away in an FC vehicle. On 24 November 2009, the government announced a package of proposed policy and legislation reforms for Balochistan, the Aghaz-e-Haqooq-e-Balochistan (Beginning of the Rights of Balochistan), which includes a clause regarding enforced disappearances.

On 26 November 2009, Prime Minister Yousuf Raza Gilani promised that many of those who had been subjected to enforced disappearance would return home. The Pakistan army even refused to comply with the orders of the elected prime minister which reflects the face of democracy & power of army and powerlessness of international human right’s claimers Until now we are blind about his health & whereabouts and in which torture cell he is bearing awesome atrocity from none but a country whose national he is. In this connection the Amnesty International statement is most important document, “she urges the provincial government of Balochistan and federal government of Pakistan to secure the safe release of Mr. Shams immediately”. Since a high level government official already assured his release after coordination with an army official but later on apologized by admitting his powerlessness we call upon these officials to be held accountable for these confirmations of safety, and urge these officials to take direct action to reunite Mr. Shams with his family.” We are extremely concerned about the safety of Shams, who is being held in the secret torture cell and we fear that Shams life is under serious threats until he is not surfaced or released by Pakistan. In this regard we the family member of Mr. Shams is on hunger strike Since 60 days in the front of Quetta press club but the silence, negligence and miserable behavior of international community especially united nations and western civilized countries are in itself questionable in the eye of new norms of international law. Although Pakistan ratified the international covenant on civil and political rights (ICCPR) and the convention against torture (CAT) but unfortunately both of the instruments has not yet been implemented in letter and spirits. In pursuance of which the extra judicial killing, kidnapping enforced disappearance of Baloch political leaders, workers and human right activist are order of the day. It would be not out of place to mention here that in Pakistan violation of human rights and fundamental freedoms are in a alarming position, both the referred international instruments including convention for the protection of human Rights and fundamental Freedoms are being raped by Pakistan.

Pakistan being the state party of hereinabove mentioned instruments and signatory, during ratifying of the instrument ensured the world and states parties and undertakes to respect and also ensured that all individuals within its territory and subject to its jurisdiction the right recognized in the treaties and instruments. But despite of that the Convention for the protection and Human rights and Fundamental Freedoms are being flagrantly violated particularly the provision of Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment. The referred international Convention and covenant are being grossly violated. As such under, every human being has the inherent right to life. This right shall be protected by law. No one shall be arbitrarily deprived of his life. But in Balochistan you can observe the Baloch genocide regularly. No one shall be subjected to torture or to cruel, in human or degrading treatment are punishment but you can find the baloch political leaders and workers are subjected torture in various army cantonments and have been mentally and physically paralyzed.

Everyone has the right to liberty and security of person. No one shall be subjected to arbitrary arrest or detention, in this respect Mr. Shams case is a textbook, it would be pertinent to express here that nine thousands (9000) innocent Baloch are missing and they are in illegal custody of security establishment. Baloch are being arrested without any commission of crime and they have not been informed about the charge and also are not being brought before the competent courts, which is also violation of international norms, instrument and principle of international law. No one shall be held guilty of any criminal offence on account of any act or omission which did not constitute criminal offence, right to a fair trial, Freedom of expression right to an effective remedy. But the Baloch people have been arrested without due process.

Since the Baloch nation has been deprived from its national state and its land were divided amongst three states by British imperialist in the name of Gold smith and Durant lines respectively in Pakistan, Iran and Afghanistan. In the eye of international law and instrument Baloch has no any impartial legal body to approach and knock the door of international court because Baloch is neither a state party nor high contracting party, and unfortunately there is no other option except to seek justice individually. Therefore this application is being filed under Article 34 of the Convention for the protection of Human rights and Fundamental Freedoms and international covenant on civil and political rights and R/W Article 22 (4) (CAT).

We want justice and we have a great expectation from the United Nation Human Rights Office of the high commissioner for Human Rights (OHCHIR). We the family of Mr. Shams humbly submit that we have approached all the domestic forums of Pakistan but they have not provided remedies, after our exhausting here a hope of ray from UN remains with us that Pakistan has grossly violated the hereinabove referred international instruments and principles of international law in pursuance of which thousands innocent Baloch including Mr. Shams are in illegal custody and detention of security establishment.

Keeping in view the above-mentioned circumstances and facts which established that Pakistan has violated the international law, instruments and conventions, in this context Pakistan may kindly be asked, to surface and produce Mr. Shams Balochs before a competent court. In accordance with, International law and instruments.

Mother Of Mr. Shams: Mehr Khatoon widow of H.M.Usman.
Daughter of Mr. Shams: Naila Shams
Wife of Mr. Shams: Robina BiBi
Brothers & sisters of Shams Baloch