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Summary: Two sisters, aged 13 and 14, are being tried under the Anti-Terrorism Act of Pakistan, but not in juvenile courts, constituting a violation of their rights as children.
[17 March 2011] - Like all other crime stories, the story of two sisters S (14) and M (13), who are in Adiala Jail for the past six months under the charges of kidnapping for ransom is complicated. In the past two visits to Adiala Jail, the scribe has found the two frightened faces always reluctant to share their story. The answers they give are also different each time-something that is justifiable considering their ages and the circumstances they are in. According to lawyers following their case, their mother died few years back and their father is not interested to save them. “It is only their ‘Phoopo’ (aunt) we contact each time. Despite out insistence, she never gave us the number of their father,” said Abdullah Khoso National Programme Manager Juvenile Justice, Society for the Protection of the Rights of the Child (Sparc) while describing the background of the case. On 26th August 2010, the two sisters were arrested along with a 30-year-old man Ayaz from a house in Rawalpindi. From the same house, the team of Westridge Police Station had recovered a 13-year-old boy, Waseem Ahmed, who was kidnapped for ransom by four unknown people from a house in Rawalpindi on August 4th 2010. Given the nature of the offence, the Police charged them under Section 364-A of the PPC (kidnap for ransom) and Section 7 of the ATA. “But the Police did not investigate the girls’ involvement and intention in the case. The FIR had been registered four unknown men who kidnapped the boy,” Abdullah Khoso. After detainment for one night at the Police Station Westridge, the Police produced both the girls and the man in the ATC Rawalpindi. The Court ordered to send both the girls to Adiala Jail. According to S and M, their mother died some years ago and their father married another woman and did not look after them. They lived with their aunt in Peshawar where they became friends with Ayaz. Ayaz liked M and asked both sisters to go to Islamabad where he would help them get a job and would also marry M. “But both girls did not know that they would be exploited. The kidnapped boy stated that both the girls guarded him when he was confined in the house,” explained Abdullah Khoso. The story seems to be like any other interesting crime story that people tend to forget quickly after blaming the immature girls for listening to a criminal Ayaz and going after lust. That is exactly the way we are socially tuned to think whether we are men or women. Not many will develop any sympathy for the girls that are juvenile and qualify to get bail on numerous grounds but are still living with experienced criminals. Abdullah told ‘The News’ that because of serious practical and legal flaws in the justice system it has been difficult to prove that both the sisters were innocent and exploited and had no idea of the consequences of what they were doing for a person, who had brought them to Islamabad for a job and with the promise of marriage. “They do not come under Section 83 of the PPC, which allows a judge to decide the maturity of a person below 12 years and his/her intention in the offence. Since they are above 12 years, therefore, the judge cannot consider them immature. At the same time, it is the fault of the system that it does not consider the social and economic background of the person involved in the offence.” He believes that a serious violation of children rights is taking place under the ATA and CNSA due to which children are tried under the Special Courts (not by the Juvenile Courts). “The case of two minors in Anti-Terrorism Court (ATC) is an obvious example of child rights violation where not a single provision of the UNCRC and the JJSO has been considered in the case,” he pointed out. He said that Pakistani laws are lenient towards girl child offenders. “The JJSO also provides extra protection and care to girl children for their fragile and vulnerable position in society. However, the Police have been observed to not be complying with the JJSO provisions as girl children ‘are exposed to physical torture, sexual abuse and inhuman treatment’ at police stations,” he added. Another practical issue in this case is that both these girls should not have been detained in Adiala Jail where they are kept along with adult women prisoners and treated as adult prisoners. Highlighting another aspect, Abdullah said M and S also qualify for bail under Women Protection Act in which women under trial cannot be kept in jail for more than six months even in case of serious crime. “They were not the prime suspects and their name is not even mentioned in FIR,” he added. Regardless of whether they are guilty or not, these tender age girls are female juveniles and should have been treated as such which, as the law has clearly stated, does not include detainment in Adiala Jail Rawalpindi. “Also trying these children under the Anti-Terrorism Act is unfair and a violation of the rights of children. Trying them under the ATA through ATCs means they are deprived of their legal right of being tried under the Juvenile Courts,” added Abdullah. Further Information:
pdf: http://www.thenews.com.pk/TodaysPrintDetail.aspx?ID=36573&Cat=6&dt=3%2F1...