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National Institute of ManagementKarachi

18th Senior Management Course

Current Issue PresentationExtra Judicial Kil l ings in Karachi

An Analysis By

Capt. (R) Parvez Ahmed Chandio P.S.P

Faculty Advisor: Ms. Samina Intizar, ADSDate: 22 - 10 - 15

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Sequence of Presentation

Currency of the Issue

Introduction

Legal Frame Work

Karachi Operation

Analysis

Issues for Policy-Makers

Way Forward with Implementation Strategy

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Currency of the Issue

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Currency of the Issue

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Introduction

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Contd…

• Extra Judicial Killing is an Execution which violates domestic Penal Code or Human rights by passing the due process of Law.

• Caused by excessive use of force by Police or LEAs.

• Usually Not adequately investigated, prosecuted or punished.

Introduction

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Constitutional Safeguards

Article 4 (1)

• To enjoy the protection of law and to be treated in accordance with law is

Inalienable right of every citizen.

Article 10

Right to know the reason of arrest

Right to consult his family or friend

Right to be defended by legal practitioner of his choice

Right to be produced before a magistrate within 24 hrs. of arrest

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Contd…

Killings by LEAs, which have no sanction or permission under the law or which can not be covered or defended under any provisions of law.

Supreme Court Of Pakistan

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Legal Frame Work

• Power of Arrest w/o warrant (Sec 54 of Cr. Pc)– Involved in cognizable offence– Possession of any implements of house

breaking– Is a Proclaimed Offender–Having a suspected stolen property–Obstructs Police Officer to perform duty–Required by an other Police Officer for arrest

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Legal Frame Work

• How to Arrest (Sec 46 of Cr. Pc)– Police Officer may arrest a person –On resistance may use all means – May not cause death during arrest if he is not

an accused of an offence of capital punishment–Arrested person shall not be subjected to more

restraint than is necessary. (Sec 50 Cr. Pc)

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Legal Frame Work

Sec 61 Cr.PcPolice Officer under any circumstances can not detain a person longer than 24 hours in absence of a order by a Magistrate under Sec. 167 Cr. Pc.

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Legal Frame Work

• Legal Protection to LEAs for causing Death

– Accused tried to escape (Sec 46 of Cr. Pc)

– Accused opened Fire First (Sec 100 of PPC)

– Plea of Self Defence (Sec 100 of PPC)

– Obstructing Discharge of Official Duty (Sec 186 of PPC)

– Criminal assault on Public Servant (Sec 353 of PPC)

– Common Intention of Criminals (Sec 34 of PPC)

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Legal Frame Work

• Duty of Magistrate

–May initiate enquiry at own under Sec 176 read

with Sec 174 Cr.Pc

–May collect evidence and submit to District

session Judge

– Frame the charge against culprits

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Karachi Operation

5th Sep 2013 to 5th Sep 2015

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0

500

1000

1500

2000

2500

3000

CITIZENS KILLED AND IMPACT OF OPERATION

2011 2012 2013 2014 2015

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COMPARATIVE CRIME FIGURES

• 33% decrease in murder cases• 65% drop in Target Killing• 6% decrease in Street Crimes• 9% decrease in Extortion cases

0

500

1000

1500

2000

2500

Murders Targeted Killing Terrorism/Bomb Blast

Kidnapping for Ransom

Extortion Street Crime

2056

1550

41 80

1207 12961378

54845 71

1106 1223

250 Days Before Operation 250 Days of Operation

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38% Increase in encounters during the same correspondence period

From 10% - 35% increase in killing ratio

Acceleration in Policing raised voices of Human Rights Violations

3516

1246

2 years of Operation

Encouters Held Criminals killed

2205

232

2 years Before Operation

Encounters held Criminals killed

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Contd…

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Contd…

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Contd…

Police Challenged in Court

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Cases against Cops

• 18 Cases were registered against 27 Police Officers on the directions of Court petitions.

• No FIR registered or serious enquiry initiated by Senior Police Leadership against police irregularities

• 15 disposed off as cancel class • 3 under investigation• Out of 27 police officers no one is DSP and above• Not a single police officer arrested out of 27.

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Case Study - 1

• Brutal Murder of Sarfraz Shah by Rangers in Jun 2011• Incident caught on video and played on National Media• Suo Motu notice by the Supreme Court of Pakistan• Order for removal of IGP and DG Rangers• Anti Terrorism Court sentenced main accused Shahid Zafar to

death and remaining five co-accused to life in prison. • SHC upheld the sentence given by ATC in Jan 2014• Victim’s family pardoned the convicts without blood money• SHC rejected the compromise• SCP commuted the death penalty into life imprisonment

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Case Study - 2• On 12 June 2014 a17 years old boy Anees

Soomro was arrested along with his two other friends by PS Sachal Police

• Father of Anees was asked to pay Rs.500,000 as a bribe money for release, which he couldn’t

• Anwar Soomro filed a petition in the D & S Court Malir for release of his son on 20 Jun 2014

• After three days boy was killed in encounter as a Talban by SHO Sachal Goth and party

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Case Study - 2

• Police released other two persons • On petition of victim’s father SHC ordered for

FIR against Police• FIR was registered against SHO and five other

police officials.• No police officer was arrested • Case is still under trail with Honorable Court of

Law

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Execution by State ????

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Analysis

Many of the accused do not get the legal protection as

ensured by the constitution

Police and LEAs have used this Tactics as a Short Cut for

results

Due to lack of concrete evidence, this practice is legitimized

Pressure of Govt: and Media on Police to control the

situation

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Police do not find effective witnesses for the prosecution of the accused in heinous / blind cases

Cases registered on behalf of the state are difficult to prove like bomb blast and target killing etc

Accused arrested, who belong to banned outfits are hard to investigate and difficult to prove as per Evidence Act 1984.

Confession before a Police Officer is not admissible in the court of law as per existing evidence act.

Contd…

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Banned organizations and alleged militant wings with support of political parties in Karachi exploit the weakness of our criminal justice system while committing crime.

Almost 447 police officers, who took part in operation of mid 90s and were also witness in ceases registered against criminals associated with MQM were brutally murdered later on by Target Killers.

Contd…

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POLICE SHAHEED 2013/2014

1511

2016

8

23

1417 15

12 10 10

2419

59

4

0

5

10

15

20

25

30

Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec Jan Feb Mar Apr May

124 108

• Maximum attacks occurred in the month of January 2014.• Police considers this as Retaliation by terrorists and

criminals to demoralize Police

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During two years of this operation period police had challaned 17639 accused to court of law in Karachi out of which only 225 were sentenced with the conviction ratio of just 1.2% . So Police thinks fruitless to produce hardened criminals for due process.

Terrorists and Criminals rereleased by court, kill police officials who had arrested and investigated them.

Contd…

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Most of the Judges feel insecure and threatened while hearing tough cases, hence either the case is prolonged or judgment is softened.

This creates problems for police for repeated production of terrorists/criminals in the curt for trial.

Police does not agree with the decision of the court and feels efforts in vain.

Flaws/ Lacunas in the system provides escape routes to criminals

Contd…

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Black sheep in Police Department use this practice for money making

Mafia – Police nexus Invention of a new term, Half and Full fry in Sindh

Police Senior Police leadership unfortunately believes in the

practice as a effective and quick response to restore peace. So this has become “Official Policy”

Contd…

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Failure to register FIR and investigate properly have increased the motivation of Police/LEAs

Weak oversight Mechanism by Judiciary and Media Blood Money (compensation system) provides way

to avoid punishment if at all some one is made responsible for execution.

As per public perception, Police is misused by the Govt of the day so seldom it takes action against defaulters.

Contd…

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Misuse of Police

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Conclusion

Regime of Impunity

A pervasive regime of de facto impunity is the

single most important reason for extensive use of

extrajudicial killings by the police and other state

authorities as a means of bringing alleged criminals

to justice.

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Answer to Analysis

Extrajudicial killings in Karachi are

normal practice of LEAs

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Admission Some Senior current and former Karachi Police Officials say,

Extrajudicial killings by the force are happening as part of a

crackdown on crime in the city, as a stark admission of the

practice by Pakistani authorities.

A senior policeman, who declined to be named, put the figure

at 1,000 accused killed in the city, saying a majority of the

deaths were extrajudicial killings. Three other serving

officials confirmed the assessment.

Source: REUTERS Sun, Aug 9, 2015

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Issues for Policy Makers

Two wrongs can not make one right

Understanding the bounce back effects

Constitutional and legal obligations must be

fulfilled

Accountability Mechanism

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Way ForwardRecommendations

Scientific Training in investigations.

security of Judges and witness be ensured

Strong accountability

Fighting Corruption Reforming the Cr. Justice Sys

Respect for Human Rights

Implementation Mechanism Sindh Govt: and IGP

Sindh Govt: and LEAs

Sindh Govt:, IGP, Judiciary and Media

Senior Leadership Sindh Govt:, Police and

Law dept. Supreme Court of Pakistan,

Media, Civil Society and Provincial Home Ministry

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Recommendations

Administrative : Ending Impunity

Training Modules in Human Rights

Posting of HR sensitive Police Officers in field

Sever Dpt: punishment to defaulters

Human Rights teaching at school level

Judiciary (Sec 174 & 176 Cr.Pc) and Home dept

NPA and Provincial Training Schools

C.M. and IGP

Senior officers as SSsP and DIGs

C.M/ Education dept

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Social Policy intervention

Media and civil society

support

Respecting the right to

remedy

Compensation to

victim’s family

Implementation strategy

Increased coverage by Tel

stations and Newspapers

Govt: Sindh and Human

Rights NGOs

Sindh Govt: and Judiciary

Contd…

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State may Survive on Disbelieve but not on Injustice. Ali (K.W.K)

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Thank You