Equality Now calls on the Government of Pakistan to Protect 16 year old Gang-rape Victim Uzma Ayub and Ensure Justice in her Case

Uzma’s brother Alamzeb shot dead outside a court house 9 December 2011

Equality Now is deeply concerned for the safety of 16 year old Uzma Ayub from Karak in Khyber Pakhtunkhwa province in Pakistan. Uzma was kidnapped in 2010 and held for a year during which she was repeatedly gang raped by a number of individuals allegedly including police officers and a civilian member of the Pakistani Army. Uzma is currently 8 months pregnant as a result of the rapes. On 9 December 2011, Uzma and her 25 year old brother, who had been supporting her efforts for justice, were attacked outside the Karak court house. Uzma’s brother, Alamzeb Marwat, was brutally shot dead. Despite Uzma’s younger brother witnessing the attack and naming those involved as relatives of some of the accused police officers, the senior investigating police officer refused to take action suggesting that it was difficult to ascertain who carried out the fatal attack. Following pressure from the media and local human rights groups, 5 men have now been arrested with one still at large.

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A year ago, on 24 December 2010, police officers entered Uzma’s home on the pretext of looking for her brother in connection with a minor incident. Her brother was not at home at the time and they took Uzma with them. Uzma has stated that she was then handed over to some men waiting outside who took her to a house. She says that a man called Dr Iqbal came to her and administered an injection after which she fell unconscious. When she woke she found herself in a new location. Uzma alleges that the son of an army officer named Naseebullah tried to force Uzma to marry him. Following her refusal, Uzma claims that Naseebullah came to the house and raped her. She has stated that she was then raped by a number of men including at least two police officers, one of whom was called Hakeem. She was able to give details of distinguishing features and marks on the bodies of some of the accused. On 19 September 2011, Uzma managed to escape while being transferred to a car by two men to whom she was sold by her kidnappers.

Uzma and her family are trying to fight for justice despite alleged police corruption and threats from local fundamentalists. It is alleged that Dr Iqbal and Sub-Inspector Hakeem are involved in illegal businesses and regularly bribe local police to turn a blind eye. Initially the police refused to register a case against any of the accused and it was not until local human rights organisations and the media brought attention to the case that the district court ordered the arrest of some of the accused. However, the Karak District court judge sanctioned pre-arrest bail for all those arrested. Following outcry over the decision, on 3 December the judge revoked the bail before arrest applications for the accused: Inspector Mohsin Shah, Sub-Inspector Ameer Khan, Assistant Sub-Inspector Hakeem Khan, Qamar Ali and Karim Khan.

Currently the case is adjourned as some of the accused requested an out of court settlement with Uzma and her family. According to local sources, on 6 December 30-40 elders from the area came to see the family and informed them that Hakeem Khan, Mohsin Shah and Ameer Khan had confessed to the crime and would like to settle matters privately. Uzma has made it clear that she would not be willing to settle out of court and wants justice in her case. Reports describe how on 9 December Uzma and her brother Alamzeb went to the district court in Karak for some documents. Here relatives of some of the accused police officers once again reportedly tried to pressure Alamzeb into accepting a settlement which he refused. Uzma’s younger brother who was also present has stated that as Alamzeb was about to leave he was hit by a car. He tried to run away but the driver of one the accused officers held him while Sub-Inspector Hakeem Khan’s brother allegedly shot Alamzeb in the head and chest, killing him. 

Equality Now has been informed that police officers have been putting pressure on members of the local community and encouraging fundamentalists in the area to demonstrate against the arrests of the accused. Demonstrations have been carried out against Uzma accusing her of dishonouring her community and carrying an illegitimate child which they say should be aborted and against local human rights organisations- Pakhtunkhwa Civil Society Network, the Violence Against Women Watch Group (KP) and the End Violence Against Women Group Alliance KP/FATA, who have been assisting Uzma. Staff members of the organisations have also been receiving death threats for their involvement in the case.

On 15 December 2011 The Peshawar High Court issued a notice to constitute a high level member committee to investigate the case, however local human rights groups have little trust in procedures being followed as eight days after a previous committee recommended steps be taken to correct flaws in the rape investigation Uzma’s brother was murdered on the steps of the court.

Among other international human rights treaties, Pakistan is a signatory to the International Covenant on Civil and Political Rights under which “all persons are equal before the law and are entitled without any discrimination to the equal protection of the law”. Pakistan’s own Constitution states under Article 25 that “(1) All citizens are equal before law and are entitled for equal protection of law. (2) There shall be no discrimination on the basis of sex alone.”  That the very people who should be upholding the law appear to be the ones breaching it makes it all the more difficult for victims to obtain justice.