HRCP appalled by Khyber APA acquitting killers after jirga decree

Lahore, June 22: The Human Rights Commission of Pakistan (HRCP) has strongly condemned an assistant political agent’s decision in Khyber Agency to acquit, based upon a Jirga verdict, two men who had confessed to killing their maternal uncle and their sister-in-law in a so-called honour crime.

In a statement issued on Wednesday, the Commission said: “HRCP is astounded by a decision of the Assistant Political Agent (APA) Landi Kotal, Khyber Agency, of acquitting two brothers charged with murdering their sister-in-law and their maternal uncle in November last and later claiming that the victims had ‘illicit relations’.

“The two brothers were arrested and in their recorded statements both had confessed to committing the murders.

“A five-member jirga was appointed which concluded that the accused should be asked to take an oath on the Holy Quran that in killing their sister-in-law and their maternal uncle ‘they had done nothing wrong (with malafide intention)’. The Jirga stated that if the accused took the oath the murders stood ‘justified’ as per Riwaj and the accused should be acquitted.

“The Riwaj refers to a custom in the tribal areas under which killing a woman in the family after killing a man and alleging ‘illicit relations’ effectively justifies both the murders and serves as a defence against prosecution for the crime.

“In finding the accused innocent, the APA wrote in his order that the Jirga verdict ‘is clear and in accordance with the local Riwaj.’ He added: ‘I agree with the majority verdict of the Jirga members. The Jirga’s verdict was read over to the parties. The defendant party was found ready to take the oath prescribed by the Jirga members. However, the plaintiff party refused to get oath from the defendant party. As the plaintiff party has refused to get the prescribed oath from the defendant party, the accused are held innocent and released on bail forthwith.’

“All civlised human beings would be appalled by the fact that in this day and age such atrocious practices are not only accepted in the tribal areas but are also enforced on a regular basis by what passes off as the justice system. The Constitution clearly declares all customs contrary to law to be void, and yet the Riwaj survives and is enforced as the superior courts have no jurisdiction in the tribal areas.

“We call upon the government to immediately issue clear directions to judicial and quasi-judicial officials in the tribal areas to absolutely disregard the so-called Riwaj in trying criminal cases. A human life should not have such little value just because a citizen is unfortunate enough to reside in the tribal areas. The accused in the cited case must be brought to justice for their crime. However, unless someone in sufficiently senior authority intervenes, we are convinced that the accused will not be held accountable for their actions. As much has been evidence by the utter inaction of the local authorities, despite repeated pleas for justice by the slain woman’s husband.

“Beyond highlighting this gruesome custom, the official connivance and the manner in which the political authorities administer ‘justice’, the case also offers further evidence of the lawlessness that passes off as law in FATA. HRCP demands immediate overhaul of the system that allows and enforces such travesty of justice and discriminates against the long-suffering residents of FATA. There is no justification for having one ‘legal’ standard for FATA and another for all other areas that constitute the country.”

Zohra Yusuf
Chairperson

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Human Rights Commission of Pakistan (HRCP)
107-Tipu Block, New Garden Town, Lahore – 54600
Phone: (92-42) 35845969 Fax: (92-42) 35883582
eMail: hrcp@hrcp-web.org

Category: English