2. National Institute of Management
Karachi
18th Senior Management Course
Current Issue Presentation
Extra Judicial Killings in Karachi
An Analysis
By
Capt. (R) Parvez Ahmed Chandio
P.S.P
Faculty Advisor: Ms. Samina Intizar, ADS
Date: 22 - 10 - 15 2
3. Sequence of Presentation
Currency of the Issue
Introduction
Legal Frame Work
Karachi Operation
Analysis
Issues for Policy-Makers
Way Forward with Implementation Strategy
3
7. 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.
7
Introduction
8. 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
8
9. 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.
10/28/2015 9
Supreme Court Of Pakistan
10. 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
10/28/2015 10
11. 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)
10/28/2015 11
12. Legal Frame Work
Sec 61 Cr.Pc
Police 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.
10/28/2015 12
13. 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)
10/28/2015 13
14. 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
10/28/2015 14
17. 17
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 TargetedKilling Terrorism/Bomb
Blast
Kidnappingfor
Ransom
Extortion StreetCrime
2056
1550
41 80
1207 1296
1378
548
45
71
1106 1223
250 DaysBeforeOperation 250 DaysofOperation
18. 10/28/2015
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
18
3516
1246
2 years of Operation
Encouters Held Criminals killed
2205
232
2 years Before Operation
Encounters held Criminals killed
22. 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.
10/28/2015 22
23. 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
10/28/2015 23
24. 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
10/28/2015 24
25. 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
10/28/2015 25
27. 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
27
28. 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.
28
Contd…
29. 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.
29
Contd…
30. 30
POLICE SHAHEED 2013/2014
15
11
20
16
8
23
14
17
15
12
10 10
24
19
5
9
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
31. 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.
31
Contd…
32. 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
32
Contd…
33. 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”
33
Contd…
34. 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.
34
Contd…
36. 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.
10/28/2015 36
38. 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.
10/28/2015 38
42. 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
42
43. Way Forward
Recommendations
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 43
44. 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
44
45. 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
45
Contd…
46. State may Survive on Disbelieve but not
on Injustice. Ali (K.W.K)
10/28/2015 46