Kahuta child abuse case hobbled by ‘negligence’

By:  Qaiser Butt

ISLAMABAD: While investigating a case of child sexual abuse and pornography at Kahuta, the National Commission for Human Rights (NCHR) has observed that the role of police prosecutors and medical officers has been disappointing in most such cases.

“The accused involved in most of such cases could not be sentenced by the courts due to criminal negligence on the part of police prosecutors and medical officers,” the NCHR Chairman Justice (retd) Ali Nawaz Chohan observed on Tuesday, during a public hearing of Kahuta case.

He said prosecutors failed to pursue the cases in the courts for years – a situation that encouraged the offenders to commit such offences again.

“In many similar cases the medico-legal reports were manipulated in favour of the accused. Corrupt practices by the medical officers have also encouraged the criminals, who can influence the medical officer with money or other means,” he said.

 

Referring to his past experience as a high court judge in Punjab, Chohan said people pay heavy amount of money to be posted as a medical officer.  “Had five or six accused involved in child sexual abuse and pornography cases been convicted by the courts, the reoccurrence of such crime would have been minimised up to a large extent,” he said.

He urged the parents of victim children and civil society to check such corrupt practices by adopting a procedure of follow up that is guaranteed under the relevant laws.

The commission would continue its investigations into Kahuta child sexual abuse and pornography case before preparing a comprehensive report, he added.  The case surfaced on August 12 after Kahuta police arrested three persons on the complaint of a young student, Hassan Ali, who had accused them of sexual abuse.

During probe, the police found that the three accused – Adnan Satti alias Bangsh, Haseeb Arshad and Ehtesham – were members of an organised gang of criminals involved in child sexual abuse and pornography.

The NCHR had to intervene in the case on an application by a rights activist, Khawar Riaz Qadri who had alleged that the police role in the probe was not up to the legal requirements. The activist had presented evidence of the existence of the gang in parts of Kahuta for five years.

Before presenting the case challan in the court, police arrested another accused Waqar Saati, who is also a brother of the principal accused Adnan Satti. However, Waqar managed to get bail from a court with the argument that he was not nominated in the FIR. Originally the police had booked the accused only under section 377 PPC (applicable against the unnatural offence) but it had to add other sections of the laws relevant to the offence of pornography on the instruction of the NCHR.

On the insistence of Qadri, the police also added in the FIR some unknown persons, who were also involved in the crime. The commission has so far recorded statements of the DSP and the SHO who could not satisfy it on many issues.

The Express Tribune

The web and women’s harassment

By: RAFIA ZAKARIA

LAST week, law-enforcement officials from the Federal Investigation Agency arrested an assistant professor at the University of Karachi. According to an FIR registered against him, he had made five fake Facebook profiles of a female colleague. The profiles had been created as early as 2015; her picture had been used and in at least one case included lewd and immoral content. The arrest was made under Section 21 of the Prevention of Electronic Crimes Act, and the suspect will remain in police custody for 14 days until a remand hearing and, eventually, a trial date is set for him.

The KU cyber-harassment case is not unique. According to the FIA, there were 3,027 cases of cybercrime in the 2014-2015 period, and 45 per cent of these concerned the online harassment of women by men. According to the NGO Hamara Internet, cases of stolen Facebook profile pictures are routine and in some cases have forced women to completely stop using social media sites. In several cases, women report having their Facebook profile picture stolen and manipulated through the use of photo modification software, which is cheap and easy to obtain.

These doctored pictures are then used to blackmail women, especially those who are not particularly web-savvy and do not know how to contest such claims or lodge complaints on Facebook. Afraid of the consequences and the censure of male family members, most do not report the harassment to law-enforcement agencies. They (and often all other women who hear of such cases) stop using the internet altogether.

The exclusion of women from digital space is a tragedy.

This sort of exclusion of women from digital space is a tragedy. As is well known, women in Pakistan already face all sorts of harassment and restrictions on entering and inhabiting public spaces. Given this, the internet space had over the years become a venue where they could participate in discussions, debates and make their perspectives (so ignored or marginalised otherwise) known.

However, as is the case of the actual physical public sphere, online harassment by men seeks to exclude and push them out of this new realm as well. It could even be argued that since cyber-harassers can maintain their own anonymity, the realm offers even more opportunities to target and stalk women with little fear of being found out.

Cyber-harassment does not simply exist in the theft and proliferation of doctored profile pictures without the consent of the victim. At home, women are often not given the right to privacy in their digital interactions. As a Hamara Internet report documents, many Pakistani women are forced to share their password information with brothers, fathers, husbands, etc as a condition of their being permitted to use the internet at all. Smartphone passwords and email passwords have to be supplied for regular inspection by these male family members. Of course, those male family members do not share their own password information with their female relatives.

This practice is so commonplace and considered so justifiable within families that it is hardly, if ever, discussed or critiqued. In reality, it presents a form of discrimination that rests upon the assumption that only men have a right to privacy, while women’s digital lives (like their actual lives) must be approved and analysed by their male guardians.

The premise is wrong in real life and wrong in virtual life. If women must share because ‘they have nothing to hide’ then so must men, whose refusal to do so suggests that they may have a lot to hide.

The particular perniciousness of the cyber-harassment of women is also attached to shaming norms within Pakistan and their clever exploitation by cyber-harassers. The fear and panic that women experience following the theft of a profile picture is a consequence of the fact that even the most superfluous suggestion of wrongdoing (even if fake and doctored) is enough to condemn a woman as immoral in Pakistani society.

The fact that the picture is fake or the information incorrect is often insufficient to remove this taint. Cyber-harassers know this and exploit it well. Their own conscience is shelved, an act made easier by the fact that many of those who use virtual means to harass and stalk women imagine these actions to be less real, and hence unpunishable.

The work of NGOs like Hamara Internet and the Digital Rights Foundation (DRF) presents some hope in this regard. The former regularly holds workshops around the country trying to educate women on how to prevent cyber-harassment, how to report it and how to manage their own digital shadow.

They recommend that women begin conversations with male family members regarding their right to digital privacy, put password codes on all their devices, and regularly utilise anti-virus software so that their data is not compromised. They recommend using a search engine like DuckDuckGo to see the personal information about them that already exists online. A reverse image search using a Facebook profile picture can also show if that data has been stolen.

According to Nighat Daad, who heads DRF, the recent case of cyber-harassment at KU is not the first time the institution has had to deal with the issue. It is the first time, however that something has been done about it. It is a good first step, but it does not take away the potential misuse of the law by state authorities to impose greater restrictions on the use of digital spaces in Pakistan.

Her point is a useful one; ensuring that the web is both free of state intrusion and constraint and also free for women is a delicate balancing act. It is also, however, a very worthwhile one.

The worldwide web is an interface of opportunity, a forum where Pakistanis, so often excluded and marginalised, have a window to the world. It is worth their efforts to keep it open, free and equally available to men and women.

Dawn

No forgiveness for brother who killed Qandeel: parents

ISLAMABAD: The father of murdered social media star Qandeel Baloch has vowed no forgiveness for his son, who killed his daughter on the pretext of “honour”, after her death cast a global spotlight on the practice.

Pakistan last week passed long-awaited legislation aimed at closing loopholes which allowed murderers like Baloch’s brother Waseem to walk free, with hundreds of women killed in defence of the family “honour” in the country each year.

Rights activists, who for years called for tougher laws to tackle violence against women, have praised the move as a step forward though lawyers criticised the amendments for not going far enough.

“There is no pardon from our side,” Baloch’s father Muhammad Azeem told AFP this weekend, calling for his son and the three men accused with him to be punished “at the earliest. They should get life imprisonment or death — I will feel happy.”

He and his wife, Baloch’s mother Anwar Mai, said they had been unaware of the change in the law, which came three months after their daughter’s death sparked revulsion in Pakistan and abroad.

Their son, Mai said, had not understood the repercussions the murder would have.

The death of Baloch, judged by many in the country as infamous for selfies and videos that by Western standards would appear tame, reignited polarising calls for action after her brother admitted killing her.

“I am not embarrassed at all over what I did,” he told media at a defiant press conference in July, calling his sister’s behaviour “intolerable”.

His mother said this weekend that he had thought his parents would become the only complainants in the case, which under previous legislation would have allowed him to escape punishment if his family had forgiven him.

Waseem thought he would be imprisoned for just “two to three months and then after he will be free, he was not aware that this would become a high-profile case,” Mai told AFP.

Lawyers told AFP the wording of the legislation, aimed at mandating a life sentence for honour killings, still leaves too much up to a judge’s discretion.

“There is a danger that it can be interpreted to mean that this only applies in cases when there is a disagreement over pardon of the offencer,” said criminal law professor Abira Ashfaq. “Unfortunately, the lawmakers have not made it an uncategorically uncompoundable offence. They have only made the penalties heavier.”

“If the lawmakers wanted to make life imprisonment compulsory for honour killing, all they had to do was to state the same,” said senior lawyer Anees Jillani.

In practice, Ashfaq added, most such cases are settled by police before they even reach court. “We need to change the culture … It would take a few high-profile prosecutions covered by media.”

The language must also be changed, Ashfaq said.

“We should call it something negative — patriarchal/misogynist crime, rather than ‘honour’ killing, which associates a positive value with this type of crime.”—AFP

Business Recorder

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