An open letter to the United Nations’ Commission on Human Rights and International law, The International Court of Justice, Amnesty International, Human Rights Watch, European Parliament, European External Action Service, All the head of Democratic countries of the world and other International Human Rights Organizations.
Honorable United Nations’ Human Rights Commissioners, The President and the members of International Court of Justice I want to seek your attention towards the most crucial issue which is not only related to the Human Rights situation but with the entire scenario of ongoing political, economic and military tensions in South Asia. It is the sole responsible factor in the decades long history of bloodshed, genocides, injustices, barbarism, fascism, religious extremism, sponsorship of terrorism and the humiliating subjugation of the historic natural nations. This is a view inside the blood-soaked history of South Asia with a perspective like which, perhaps, you would have never known it before this. This is the perspective of the subjugated, persecuted and oppressed masses of the region whose voice has never had a chance to reach your hearings. Honorable UN HR High Commissioner, and President ICJ Today, you have been dealing with the case of Kalbhushan Jadhav, contended by Pakistan and India; an unjust case of innocent Indian commoner, around whom Pakistani State has hurled a fake and fabricated tale of espionage to justify its allegation of Indian involvement in its affairs in front of the world and to take it as a justification to sponsor its religious proxy terrorism against India and brutally silence the unheard voices of the oppressed historic nations chained in its forced federation. He has been said to be tried by a military court in secret and sentenced to death and if persecuted unjustly by Pakistan, this case will trigger unfading hate, continuous political unrest and military tensions in the region as well, which I am concerned, will haunt the entire world for upcoming decades. This is such a conspiracy, fraud, and fabricated lie which Pakistani state wants to keep repeating to be believed as a truth in accordance with Goebbels formula. When, it (Kalbhushan Case) was first revealed by Pakistani state in the media, had astonished the media persons, and serious political circles and had left many questions regarding it being factual. The fabricated story narrated by the Pakistani state about the Kalbhushan was to portray him as an Indian spy, linked to separatist movements in Pakistan while testified against the facts by the 2 Pakistani media figures on the ground turned to be a complete lie. There are two main stories investigated about this case spread all over in the electronic as well as social media of Pakistan, revealing Kalbhushan to be the one of the many Indian officials working on Chabahar Project in Iran, which is an Iranian port some 75 km away from the Balochistan’s Gwadar Port and some 15 km from Pakistan-Iran international border. India, Iran and Afghanistan are jointly working on Chabahar project as it is the Golden Gate to the Central Asian countries. In fact, Kalbhushan was abducted by the Pakistani smugglers and human traffickers implanted by the Pakistani intelligence agencies in the region. Human trafficking and drug smuggling are some of the dirty portfolios managed Pakistani military. The people of the localities in the neighboring regions of Iranian and Pakistani Baluchistan living across the border have confirmed intelligence that this whole Kalbhushan case plan was hatched to sabotage the Indian projects of developing Chabahar and building and economic corridor to Afghanistan and other central Asian countries. As India is considered as an archenemy of Pakistan, it was aimed to stop Chabahar Project as it affects the success of Gwadar project and China Pakistan Economic corridor. Gwadar Chabahar rivalry has been much written and discussed in Pakistani news media. The other story that was a bit more complicated revealed that Pakistani supported Afghan Taliban were assigned to abduct the Indian officials working on India-IranAfghanistan Trade Corridor linking them through Chabahar port, and Kalbhushan was abducted from Kandahar, Afghanistan by the Afghan Taliban and delivered to Pakistani military authorities. This too is aimed at sabotaging the development projects and political influence of India in Afghanistan and Iran. Hence both the stories confirm the abduction plan of Pakistani military institutions to topple India’s political and economic influence beyond the North Western South Asian regions adjoining the Pakistani borders and formerly influenced by Pakistani covert strategic plans since the Afghan war and Afghan Taliban Rule. As the Pakistani narrative of espionage was fake and fabricated hence there were no factual and evident proofs and Kalbhushan was tried by military court in secret, without following specific legal procedure, in absence of any chance of his legal defense and was hurriedly sentenced to be executed as soon as possible to bury every possibility of the revelation of truth about him after his execution. It is not a hidden fact on the ground now, which keeps circulating widely in Pakistani serious social media circles that Pakistan has adopted every possible means to sabotage the Indian political and economic influence in western South Asia and Central Asian region in which she is also being assisted by Chinese Satellite surveillance and spying technology. Therefore, fact is that, Kalbhushan Jadev Plan is deeply associated with the success of China Pak Economic Corridor (CPEC) and hence is an evident effort to harm the reputation of India being a responsible democratic state and emerging economic power of the South Asia and justify the Pakistan’s efforts to destabilize it by sponsoring terrorism on one hand and brutally silence the voices of the oppressed historic nations striving to quit its forced federation. It is not an espionage case at all, and this can also be verified by the using the modern technology like google Earth, as the Baluchistan Area, said to be the hideout of the Kalbhushan, is a barren mountainous land on the borders of Iran, Pakistan and Afghanistan is short of the water and other resources for survival, and even the native Baloch population living in there is devoid of any basic facilities, travelling miles every day to fetch water and survive, with a culture and language completely alien to the Indians would be a suitable area for a country to use it for espionage. That’s not more than a suicidal mission if someone is fool enough to launch it. 3 Therefore, Pakistani espionage tale about Kalbhushan is a nefarious conspiracy, cheap strategic design and nothing but a fabricated lie. This is not the one and only case fabricated by the Pakistani agencies there are various other including the case of most wanted Karachi Gangster Uzair Balochs tale too, who was openly arrested from Dubai by the Interpol authorities and news was widespread on the media was shown arrested from Karachi in another incident by the Pakistani state Six months later. The later story about Uzair Baloch was fabricated while everyone knew that he was arrested from Dubai, UAE some Six months earlier. There are hundreds of such fabricated politically motivated cases in Pakistan. The Kalbhushan case is only one of them. UN and ICJ must take these facts in the account to look inside the means and the ends of the South Asian conflicts and state rivalries to reach a just and conclusive intellectual decision among the nations combating each other. Honorable High Commissioner UNHRC and Members of ICJ Now I want to seek your precious attention towards the terrible history of Judiciary and Military justice in Pakistan. The ideologue of separate homeland for Sindhi nation independent from Pakistani chains, Sain GM Syed who was titled “Prisoner of Conscience (ASA 33/WU02/94)” by Amnesty International and Human Rights International (HRI/GA/04/95) spent 33 years of his life in imprisonments and house arrests but he was never presented to court. Today, we the followers of his ideology of Syed are presenting this appeal with the hope of being heard by the international community. 1. The Islamic Theocratic State of Pakistan, since its birth, has a magnificent history of military coups, derailment of legal constitutional frame work creating militarily indoctrinated socio-political dynamics and an engineered version of democracy which has no parallel example in the history of the world. It is the forced federation which remained as a constitution less country for nine years after its creation in 1947 and an Islamized Objective Resolution was enough as an amendment with British’s 1935 India Act to execute constitutional affairs, only if needed. And the so-called constitution passed in 1956 was toppled after only the months of its adoption leading to one and a half decade long military dictatorship of Gen. Ayub Khan, ending up in a mess in 1969, yet not replaced by democracy but another military dictator Gen. Yahya Khan. None was summoned in any court of law either civil or Marshall about the abrogation of constitution and derailing the democratic process. 2. First General Elections were held in the year 1970 under Gen. Yahya’s military rule, first time in the history of Pakistan, after 24 years of its creation and ended up in a military operation in East Pakistan (Bengal) to topple the “To be elected government” of Shaikh Mujeeb-ur-Rehman of Awami League which had swept the majority seats in the election. Bengalis under the leadership of Mujeeb-ur-Rehman were struggling for their democratic rights and Mujeeb’s Awami League had won majority electoral seats on its 6 points program which offered economic reforms and autonomy for federating units of Pakistan. These political agendas and reforms were only opposed by Punjab province of Pakistan which possessed the entire military and governing elite of Pakistan thus a transition to democracy was stopped by a fascist military operation against Awami League in early 1971, by banning AL and imprisoning its leader Shaikh Mujeeb-ur-Rehman. Three million Bengalis were massacred, a million women were raped in six months in a holocaust which was in neither way less terrible than the Hitler’s holocaust of Jews. The entire world was 4 shocked by the news reports and condemned this until India interfered militarily to end this bloodshed. But most interestingly, the only difference between these two holocausts was that Pakistani military went unpunished for these heinous crimes against humanity and not a single person was held responsible or ever tried. No one in this world asked them about the millions of humans they had slaughtered. This is the first example of Pakistan’s military and civil judicial system. 3. Pakistan’s first Prime Minister Liaquat Ali Khan was assassinated in a covert plot by Pakistani secret agencies in October 1951 but the culprits have never been unveiled and brought to justice even the investigation officer investigating his case was also killed but no enquiry has been ever conducted to investigate the Liaquat assassination case, till the day. This has been a black scar on the face of the Pakistani Civil and Marshall Judicial system. 4. The Democratic Government of renown Pakistani leader and elected Pakistani Prime Minister Zulfiqar Ali Bhutto was toppled by Military coup on June 5, 1977 led by then Army Chief Gen. Zia-ul-Haqq. Mr. Bhutto was imprisoned after coup and was tried against fake charges of murder. His case was “faked” in every regard from fake charges to fake witnesses and evidence. He was sentenced to death and hanged till death on April 4, 1979. His sole crime was being a common civilian statesman hailing from Sindh and after Bangladesh Crisis and India Pakistan war of 1971, the Punjabi elite and military establishment never wanted a powerful leader from any subordinate nation like Sindhi to have an opportunity to attain power and question their hegemonic fascist authority. It is astonishing fact that despite everyone knowing the truth about his unlawful execution none has been able to bring the perpetrators to justice. 5. Four years after the execution of Mr. Bhutto by military, a massive political movement for the rights of oppressed classes and nations, restoration of democracy against the brutal panIslamic military dictatorship erupted in the entire Pakistan especially Sindh (though such movements demanding civil, political, economic, human rights and balance of power in its federating nations in Pakistan have never been fruitful). This movement caused ruthless brutality of Punjabi Army towards Sindhis, villages were bombed and towns were rain sacked, hundreds of common men were shot dead, thousands lashed publically and imprisoned in a military operation to silence this civil disobedience. But no one was tried after the end of Zia’s military dictatorship. This was a massive violation of the civil liberties and human rights on the part of Pakistan Army but culprits went unpunished. 6. A caravan of hundreds of Sindhi students from University of Sindh, Liaquat Medical College and Mehran Engineering college heading towards Larkana to attend a seminar at Mohen Jo Daro was intercepted by Pakistan Army at Thori Phatak Area of district Jamshoro, on Oct. 17, 1984. The students were fired at without warning, leaving five dead on the spot and tens injured. More than two hundred students were taken into custody. This incident was witnessed by the Sindhi journalists who were travelling with the students. All the culprits involved were identified but no one has been tried ever. This is the history of military justice in Pakistan. 7. A Sindhi Professor Ashok Kumar was abducted by Pakistani Military Agencies in the broad daylight from University of Sindh in late 10970s but no one still knows his whereabouts. 8. A Prominent Sindhi leader Nazeer Abbasi was abducted and inhumanly tortured to death by Pakistani Military Agencies in 1980. No one has been allowed to lodge a law suit against the identified military butchers. 5 9. Mir Murtaza Bhutto, a prominent Sindhi political leader, the son of former Pakistani PM Zulfiqar Bhutto (himself a victim), a Sindh Provincial Assembly member was assassinated by Police and Army cops on Oct. 19, 1996 in Karachi. But his murderers were acquitted from the courts just because the assassins were army men and supported by army. 10. Benazir Bhutto, prominent Sindhi leader and former Pakistani PM, daughter of slain Pakistani PM Zulfiqar Bhutto was assassinated by a covert plot by Pakistani Army in Liaquat Bagh (Punjab) on December 27, 2007. She had earlier alleged Pakistani Military Dictator Parvez Musharaf for plotting assassination against her but no one was held responsible or tried in her case. 11. Nawab Akber Khan Bugti, the nonagenerian prominent Baloch leader was assassinated by Pakistani Army. Pakistani dictator Gen. Pervez Musharaf was held responsible for his assassination but was acquitted prom the court. 12. Sindhi Nationalist leader Samiullah Kalhoro (Senior Vice Chairman of my Party JSMM) was abducted by Pakistani Military Agency cops from his office in Sindh University, Jamshoro and was tortured half-dead. He recorded his statement in his last interview after his escape from the custody and unveiled his captors. He succumbed to his injuries after a brief period in hospital in March 2006. No one has been punished. 13. Sindhi Nationalist leader Muzafar Bhutto (Secretary General of my party JSMM) was abducted by Pakistani Army cops in front of his wife Saima Bhutto and brother Shahnawaz Bhutto while they were travelling to their home in Hyderabad on February 24, 2011 and was shot dead after 15 months of extra-judicial custody on May 22, 2012. US Congressmen Dan Burton, Brad Sherman and Naom Chomsky also wrote to Pakistani Authorities to release Muzafar Bhutto and other Sindhi missing persons. His case was also acknowledged by UN’s working group on Enforced disappearances in its Pakistan visit in Sept. 2012 but no one has been held responsible so far and punished or tried in any court of law. 14. Sindhi nationalist leaders Sirai Qurban Khuhawar (Sr. Vice Chairman JSMM), Abdul Jabbar alias Rooplo Choliyani (Joint Secretary JSMM) and Noorullah Tunio were shot in their car and set ablaze on April 21, 2011. Noorullah Tunio survived the shot and burn injuries and recorded his final statement in front of the local and international media unveiling the brutality of Army cops. He succumbed to his injuries after a week. But no one has been held responsible or punished for this brutal inhuman act of shooting humans and setting them ablaze. No one can lodge a law suit against the military as everyone is harassed and knows their immunity above law. 15. Prominent Sindhi Nationalist leader Bashir Khan Qureshi (Chairman JSQM) was poisoned by ISI shortly after a freedom march on March 23, 2012 attended by millions of Sindhi people for the independence of Sindh from Pakistan in Karachi. No investigations have been conducted and law suit been allowed to be lodged against the known perpetrators. Bashir Khan Qureshi’s brother Maqsood Khan Qureshi (Co-Chairman JSQM) was shot dead and set ablaze by the army cops along with student leader Salman Wadho two days before another million March on March 23, 2014 in Karachi. Consequences are the same as in the majority cases discussed above. No one is held responsible or punished. 16. Human Rights Activist and social worker Sabeen Mahmud was shot dead by an identified target killer linked with Pakistani army, on April 24, 2015 the day she hosted a debate on Balochistan conflict and war crimes of Pakistan Army in Balochistan including army’s covert death squads, abductions, state torture, extra-judicial killings and dumping mutilated, bullet riddled, acid-dipped bodies of hundreds of Baloch political activists. No independent investigations and progress has been made in her case. 17. Prominent Journalist and Geo TV anchorperson Mr. Hamid Mir was shot (luckily survived) after openly criticizing Pakistani Army’s human rights violations and war crimes in 6 Balochistan. The Geo TV and Hamid alleged Pakistani Army to be the perpetrators of the plot and were silenced by series of attacks on Geo TV reporters followed by cancellation of license and 15 days ban on Geo’s transmission in Pakistan. Honorable High Commissioner UNHRC and Members of ICJ These are just few leaves from the book of the brutal history of judicial and military injustices in Pakistan. Thousands of Sindhi and Baloch youth, political activists and commons have been abducted, tortured, extra-judicially killed and assassinated by Pakistani military. Even a larger number have born the torment of long term imprisonments and torture in illegal detention centers. Even Nazi Gestapo would be ashamed of its incompetence with its Pakistani counterpart, the ISI. Pakistan has topped the list of the worst countries for the freedom of speech and press. Several politicians, journalists, Sindhi and Baloch nationalist activists have been killed for their criticism of the state but none of the culprits have ever been tried in any court of law. Pakistan is such an unnatural, rogue, fascist, Islamic theocratic, terrorist state which has been the womb, vector, sponsor, Launchpad and the epicenter of Islamic extremist terrorism. In fact, she’s the ideological mother of the concept of Islamic terrorism and the creation of Islamic State. It follows the same military doctrine as ISIL. Pakistani ISI’s covert terrorist attacks in its neighboring countries Afghanistan and India are the evident of the above-mentioned fact. It has been the hideout and safe havens of the world declared terrorists like Osama Ben Laden, Mulla Omar, Mulla Akhtar Mansoor, Ayman Al-Zawahri, Khalid Sheikh Mohammed, Adnan Al-Shukriijuma, Qari Yasin, Ilyas Kashmiri, Hafiz Mohammad Saeed, Masood Azhar and countless others. It is attested fact that Pakistan has been an irresponsible state and threat to world peace since it has been a nuclear proliferator and state sponsor of global jihadism. It also has an established history of giving nuclear technology to countries like Iran and North Korea. The oppressed nations Sindhi, Baloch, Pashtun, Kashmiri, and Saraikis have been victims of worst oppression and cultural as well as human genocide since its creation. These natural nations chained in the forced federation of Pakistan seek attention of the World and UN to seek independence from their humiliating slavery and justice for the decades of plunder, operation and genocide by Punjabi fascism ruling over Pakistan in the shape of Punjabi elite, civil military bureaucracy and military establishment. Honorable High Commissioner UNHRC and Members of ICJ We, the oppressed nations of Indian subcontinent, want to make our voice heard in the international community that the theocratic fascist state of Pakistan has a long history of injustices and deceptions. The only legacy of Pakistan in this world is nothing but terrorism and destruction, sabotaging the peace and tranquility of entire humanity. Therefore, the International Court of Justice that while deciding the fate of Kalbhushan must consider the above-mentioned history of politically motivated strategic deceptions, conspiracies, frauds, fascist holocausts, genocides, bloodshed, torture and heinous crimes against humanity into account. This will be completely inhuman and unjust to believe Pakistani fabricated tale against Kalbhushan Jadhav who himself is a victim of torture. 7 Hence, we appeal International court of Justice and UN’s Commission on Human Rights to not to believe Pakistani deception and fabricated fake tale of Kalbhushan which is nothing but a politically motivated nefarious strategic design of Pakistan to sabotage Indian influence and development projects in Iran and Afghanistan. We also appeal International Court of Justice, UN’s Commission on Human Rights, Amnesty International, Human Rights Watch and other International Human Rights Organizations to investigate the role of Pakistan in assassinating, enforcedly disappearing, ilegally detaining, inhumanly torturing, extra-judicially killing political leaders and activists and persecuting the religious minorities Sindhi Hindus, Christians, Shiietes, Ahmedis, Sikhs and Hazaras.
By Shafi Muhammad Burfat
Author of the letter is Chairman of the Jeay Sindh Muttahida Mahaz.