Geneva, Switzerland:
Seven (7) Special Rapporteurs and working groups including Working Group on Arbitrary Detention, Working Group on Enforced or Involuntary Disappearances; Special Rapporteur on Extra-Judicial, Summary or arbitrary execution, Special Rapporteur on the right to the enjoyments of highest attainable standards of physical and mental health, Special Rapporteur on the situation of Human rights defenders, Special Rapporteur on Minorities Rights Special Rapporteur on the promotion and protection of human rights and fundamental freedoms while countering terrorism, pursuant to Human Rights Council resolutions 40/16, 42/22, 45/3, 44/5, 42/16, 43/16, 43/8 sent a letter/communication raised serious concerns among others about the arbitrary detention of Ali Wazir to the government of Pakistan.
The letter express concern regarding ill treatment and the provision of inadequate medical care to Ali Wazir,
« Mr. Ali Wazir reportedly suffers from poor health, including hypertension,
diabetes, and heart problems. Nevertheless, he has allegedly not been provided
with adequate medical care while in detention but has instead undergone
humiliating physical inspections. In addition, his detention conditions are
reportedly inhumane, as he has been held in overcrowded cells and provided
food lacking in nutrients. These issues are of particular concern given the
COVID-19 pandemic, which is said to be particularly pervasive in prisons in
Pakistan. »
The report further says, “
« In 2019, Mr. Ali Wazir was arrested by agents of the Pakistani Army, prior to
the issuance of a FIR against him. He was reportedly detained in connection
with the Khar-Qamar massacre of 26 May 2019, which resulted in the death of
16 PTM workers and the wounding and injuring of 45 others. The FIR against
Mr. Wazir, registered after his arrest, charged him with terrorism and sedition.
However, the Peshawar High Court annulled the charges and the FIR against
Mr. Wazir and released him.
On 7 December 2020, a new FIR against Mr. Ali Wazir was registered by
Sindh police on charges of hatching a criminal conspiracy and making
derogatory remarks against State institutions. The case was registered under
sections 120-B (criminal conspiracy), 153-A (promoting enmity between
different groups), 505-B (statements for inducing a person to commit offence
against state), 506 (criminal intimidation) and 188 (disobeying order of public
servant) of the Pakistan Penal Code.
On 16 December 2020, Mr. Ali Wazir was again arrested by the police while
he was returning from a ceremony to commemorate the sixth anniversary of
the Army Public School massacre in Peshawar by the Taliban, which had
resulted in the killing of more than 150 students. »
The report expresses concern on the delaying tactics of the courts in provision of justice,
“We are particularly concerned that the number of complaints received illustrate
an alarming pattern of what appears to be an arbitrary use of the legal system to
harass, intimidate, threaten and retaliate against human rights defenders and members
of the Pashtun minority who are seeking to expose alleged wrongdoing or human
violations committed by the Pakistani authorities. The seemingly systematic abuse of
counter-terrorism and security legislation against human rights defenders advocating
for the rights of the Pashtun minority is particularly troubling. We recall that counter-
terrorism legislation and related penal sanctions should not be misused against
individuals peacefully exercising their rights to freedom of expression and peaceful
association, or to suppress minority rights more broadly. These rights are protected
under the ICCPR and non-violent exercise of these rights is not a criminal offence. In
this regard we also respectfully reiterate our concerns about the FIRs filed against the
aforementioned individuals, that seem to conflate their legitimate human rights work
with terrorism, and risk undermining, and potentially criminalising, the work of
human rights defenders in Pakistan more broadly. We regret that these concerns were
already previously addressed to your Excellency’s Government in previous
communications (e.g. PAK 6/2018 and PAK 10/2019).While we acknowledge the
prominent work of the judiciary in dismissing some meritless charges, we
nevertheless remained concerned about the potentially chilling effect that harassment
and pressure against these human rights defenders may have on civil society in
Pakistan in general. We further note that judicial intervention often comes at the point
where serious harms have already occurred and do not seem to function to prevent
misuse of security and counter-terrorism laws to sanction human rights work. Finally,
we also express particular concern towards the repeated allegations of acts of reprisals
against individuals and organizations who document and report enforced
disappearances and other serious human rights violations to the UN and its human
rights mechanisms.”
The report demanded from the government of Pakistan, “More generally, please provide detailed information regarding
allegations of harassment, intimidation and retaliation against human
rights defenders, especially those associated with the PTM. Please also
indicate what measures have been taken to immediately cease acts of
reprisals and to provide adequate safeguards in order to protect Mr. ….from any threats to his well-being or intimidation in the future and to carry out credible investigations into pending cases of
reprisals.”
PTM has raised the issue of Ali Wazir arbitrary detentions with European Union and other international organizations like Inter-Parliamentary Union which will take up the issue during upcoming session scheduled to be held on 24-29 November 2021.