Mukhtaran Bibi
(wikipedia)
Mukhtaran Bibi (Punjabi, Urdu: مختاراں بی بی, born circa 1972,[1] now known as Mukhtār Mā'ī,[1] مختار مائی) is a Pakistani woman from the village of Meerwala, in the rural tehsil(county) of Jatoi of the Muzaffargarh District of Pakistan. Mukhtār Mā'ī was the victim of agang rape as a form of honour revenge, on the orders of a panchayat (tribal council) of the local Mastoi Baloch clan that was richer and more powerful as opposed to her Tatla clan in that region.[2][3] By custom, rural women are expected to commit suicide after such an event.[4][5][6] Instead, she spoke up, and pursued the case, which was picked up by the international media, creating pressure on the Pakistani government and the police to address the rape. The case eventually went to trial, and her rapists were arrested, charged and convicted, until an appeals court overturned the convictions. The case is still pending with the Supreme Court of Pakistan. Mukhtar has been waging a legal battle in Pakistan in the years since, and, as a direct result, her safety has been constantly in jeopardy. Despite this, she started the Mukhtar Mai Women's Welfare Organization to help support and education Pakistani women and girls, and is an outspoken advocate for women's rights.
In April 2007, Mukhtar Mai won the North-South Prize from the Council of Europe.[7] In 2005, Glamour Magazine named her "Glamour Woman of the Year".[8] According to theNew York Times, "Her autobiography is the No. 3 best seller in France ... movies are being made about her, and she has been praised by dignitaries like Laura Bush and the French foreign minister".[9] However, on April 8, 2007, the New York Times reported that Mukhtar Mai lives in fear for her life from the Pakistan government and local feudal lords.[10] General Pervez Musharraf, the former president of Pakistan, has admitted on his personal blog[11]that he placed restrictions on her movement in 2005, as he was fearful that her work, and the publicity it receives, hurt the international image of Pakistan.
According to the New York Times, Mukhtar Mai, her friends, colleagues and their families are at great risk from violence by local feudal lords, and/or the government of Pakistan.[12]
News accounts of the rape incident vary. The account that follows is based on the testimonies of witnesses in the court that sentenced Mukhtaran's rapists to death, supplemented with details from the text of the Lahore High Court judgement.
Mukhtaran testified that in June her adolescent brother Shaqoor was suspected and accused by the Mastoi of committing fornication with a Mastoi woman, Salma, also known as Nasim. At the trial, the judge commented that the accusation was unsupported.
Early in the afternoon of Saturday, June 22, 2002, Shaqoor was abducted by three Mastoi men. He was taken that afternoon to the residence of the main defendant, Abdul Khaliq, Salma's brother. (Shaqoor testified that he had been abducted by three Mastoi men, each of whom sodomized him in a sugarcane field. The court determined, based on a doctor's testimony, that Shaqoor had indeed been sodomized and assaulted. His attackers were convicted in a separate trial.).[13]
Shaqoor shouted for help, while being taken into Abdul Khaliq's house, and his relatives heard his cries. Mukhtaran, her mother, and other women of the house rushed outside, where several Mastoi men claimed that Shaqoor had fornicated with Salma. The women went immediately to Abdul Khaliq's house to demand his release, but Abdul Khaliq refused. Mukhtaran's mother then sent her brother to get the police. There were no telephones or police in Meerwala, and the Jatoi police station was 18 km to the north over dirt roads.
Some members of Mukhtaran's clan, the Muslim Tatla, assembled. They were told that their kinsman Shakoor had been held by the Mastoi, because he had been accused illicit sex with Salma. Separately, about 200 to 250 Mastoi gathered outdoors, less than a hundred meters from Abdul Khaliq's house. According to some accounts, a Mastoi tribal council formed, consisting of three defendants: Ramzan Pachar, G.F. Mastoi and a Mastoi clan chief, Faiz M. Mastoi, also known as Faiza or Faizan.
The police arrived before sunset, freed Shaqoor from the Mastoi, and took him to a police station and held him, pending a possible sex crime charge against him. At the High Court trial, the defense contended that prosecution witnesses could not have seen some of the things that they had claimed to see in the darkness (the village had virtually no electric power service).
Mukhtaran's family proposed to settle the matter with the Mastoi by marrying Shakoor to Salma, and marrying Mukhtaran to one of the Mastoi men, and - if Shakoor was found to be at fault - to give some land to Salma's family. This proposal was conveyed to Faizan, the Mastoi elder. According to some of the prosecution witnesses, Faizan was initially agreeable, but two men of Salma's family - defendants Ramzan Pachar and G.F. Mastoi - refused and insisted that illicit sex must be settled with illicit sex according to the principle of an eye-for-an-eye. Some other Mastoi men allegedly joined them in this demand. Ramzan Pachar and G.F. Mastoi then came to Mukhtaran's family, and told them that the Mastoi would accept the proposed settlement, if she would personally come and apologize to Salma's family and the Mastoi akath. She went to the Mastoi gathering with her father and maternal uncle. By the time they arrived, the assembly had dwindled to about 70 people. Faizan stated that the dispute was settled and Mukhtaran's family should be "forgiven."
Immediately afterward and less than a hundred meters from the akath, Abdul Khaliq, armed with a 30-caliber pistol, forcibly took Mukhtaran into a stable where she was gang raped. After about an hour inside, she was pushed outside wearing only a torn qameez (long shirt). To make an example of her so as not to defy the local authorities, she was paraded naked in front of hundreds of onlookers on the orders of a jirga. Her father covered her up with a shawl and took her home.[14] Her clothes were presented as evidence in court and following the medical examination of Mukhtaran and chemical analysis of her clothes at least two semen stains were revealed.[15] That same night, the police were informed that the two clans had settled their dispute, and that Salma's family was withdrawing its complaint against Shaqoor. His uncle retrieved him from the police station around 2 or 3 a.m.
The following week, a local Muslim imam (mosque prayer leader), Abdul Razzaq, condemned the rape in his sermon on the Friday after it occurred. He brought a local journalist, Mureed Abbas, to meet Mukhtaran's father, and persuaded the family to file charges against the rapists.
Mukhtaran and her family went to the Jatoi police station on June 30, 2002 to file charges.
[edit]Media coverage
In the following days, the story became headline news in Pakistan, and remained so for months. By 3 July, the BBC had picked up on the story.[16] Time magazine ran a story on the case in mid-July.[17] Major international newspapers and networks reported on developments in the case.
[edit]Government reactions
Early in July, 2002, Pakistan's Chief Justice called Mukhtaran's rape the most heinous crime of the twenty first century. He summoned senior police officials and castigated them for incompetence in their handling of the case.
The Government of Pakistan awarded Mukhtaran with a sum of 500,000 rupees (8,200 U.S. dollars) on 5 July 2002. Mukhtaran reportedly told Attiya Inayatullah, the Women’s Development Minister who gave her the cheque that she "would have committed suicide if the government had not come to her help."[18]
[edit]Exit-Control List
On 10 June 2005, shortly before she was scheduled to fly to London on the invitation of Amnesty International, Mukhtaran was put on Pakistan's Exit Control List (ECL), a list of people prohibited from traveling abroad, a move that prompted protest in Pakistan and around the world.[19][20] Parvez Musharraf was out of the country in Australia and New Zealand, but admitted to the press that he had placed Mukhtaran on the blacklist, because he did not "want to project a bad image of Pakistan". Although Pakistan had claimed that Mukhtaran had decided on her own not to go to the U.S., because her mother was sick (which she was not), Musharraf in effect acknowledged that this was a lie.[21][22][23][24]
On 12 June 2005 Mukhtaran was abruptly asked by the government to travel to Lahore to meet with provincial assembly member Shagufta Anwar, and then go to Islamabad to meet with Presidential advisor, Nilofer Bakhtiar. Mukhtaran told, that she did not know the purpose of the travel except that she will have to meet "one Shagufta and in Islamabad the PM’s adviser". She again complained against the police personnel assigned at her residence in Meerwala saying that they had made life miserable for her and her family and that her aide Naseem was denied exit from Mukhtaran’s house. Further the local police were pressing her to surrender her passport, coinciding with an invitation extended by an organization of Pakistani doctors in North America for Mukhtaran to attend a moot being organized there in the current month to discuss the state of women and human rights in Pakistan. Mukhtaran observed that "I think the government does not want me to attend that moot (..) for this reason, perhaps, my name has been put on the Exit Control List".[25]
On 13 June following a lunch at the Chief Minister’s House in Lahore, she left for Islamabad with Bakhtiar’s secretary assigned to ‘escort’ her. Contact with Mukhtaran could not be established to know the purpose of her visit to Lahore, because her cellular phone did not respond for hours.[26]
On 14 June 2005, at a press conference in Islamabad, Mukhtaran demanded removal of her name from the Exit Control List, and also complained that she was "virtually under house arrest" because of the large police contingent assigned to protect her.[27]
On the same day, New York Times columnist Nicholas Kristof reported that she was under house arrest and that police had cut off her land line to silence her. During phone conversations over the past few days Mukhtaran had said that when she tried to step outside, police pointed their guns at her. To silence her, the police cut off her land line. Instead Mukhtaran continued her protests to the pending release of her attackers by cellphone. But by 13 June the police bustled her off, and no word was heard from her since. Her cellphone remained unanswered.
Asma Jahangir, a Pakistani human rights lawyer confirmed that Mukhtaran had been taken to Islamabad, furiously berated and told that Musharraf was very angry with her. She was led sobbing to detention at a secret location and barred from contacting anyone, including her lawyer. Jahangir said Mukhtaran was in illegal custody.[28]
Passport confiscated
On 19 June 2005, New York Times columnist Nicholas Kristof reported that as Mai returned from the US embassy in Islamabad, after getting her passport stamped with a US visa, it was "confiscated" by Nilofer Bakhtiar, after Musharraf's government claiming she was now free to travel to the U.S., and removing her name from the ECL, thus rendering her unable to travel outside the country.[29] A column by Khalid Hasan in Pakistan's Daily Times called the government's actions "folly" and "ham-fisted", and said that it had "failed abjectly" to support the liberal "convictions it claims to have" with actions.[30] Mai has since refused to talk about what happened in Islamabad, when she withdrew her application for a visa to the United States or who had taken her passport.[31]
On 27 June 2005 Mukhtaran's passport was returned to her.[32]
On 29 June 2005, on his official website, Musharraf wrote that "Mukhtaran Mai is free to go wherever she pleases, meet whoever she wants and say whatever she pleases."[33]
[edit]Legal case
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[edit]Anti-Terrorist Court
Mukhtaran's attackers, and the Mastoi of the so-called panchayat that conspired in her rape, were sentenced to death by the Dera Ghazi Khan Anti-Terrorism Court (ATC) in 2002. The ATC venue was ruled appropriate in this case because the Mastoi had intimidated and terrorized (and continue to threaten) Mukhtaran's clan and the people of the area. The court convicted six men (4 rapists and 2 of the village jurors) and sentenced them to death on 1 September 2002. Eight other accused men were released.[34][35] Mai filed appealed in the Multan bench of the Lahore high court against the acquittal of the eight men set free on 3 September 2002.[36]
An Anti-Terror Court (ATC) is a type of court in Pakistan that specializes in prosecuting cases related to terror or mass intimidation. ATCs in Pakistan have been criticized by human rights organizations for having lower standards of proof and evidence than regular courts—ATCs admit hearsay as evidence, and do not require guilt to be proven to the reasonable doubt standard.
Mai went on to become a symbol for advocates for the health and security of women in her region, attracting both national and international attention to these issues. Mukhtaran used the compensation money awarded by the Pakistani government as well as donations from around the world to build two local schools for girls.[37] There were no schools for girls in Mukhtaran's village before this and she never had the opportunity to get an education.
[edit]Appeal and the Lahore High Court
Although the Anti-Terrorism Courts had originally been conceived as a way to provide swift and conclusive convictions for heinous crimes, Pakistan's Supreme Court ruled in 1998 that ATC verdicts could be appealed in Pakistan's regular court system, which has higher evidentiary standards.
On 3 March, the Lahore High Court reversed the judgement by the trial court on the basis of "insufficient evidence" and subsequentally five of the six men sentenced to death were acquitted.[38] The Pakistani government decided to appeal the acquittal, and Mukhtaran asked the court not to order the release of the five men, who then remained in detention under a law that allows for a 90-day detention without charges.[39][40]
[edit]Legal representation
Mukhtaran has been represented by panels of lawyers. One such team is headed by Pakistan's Attorney General, Makhdoom Ali Khan. Another panel is led by Aitzaz Ahsan, a lawyer and politician belonging to the Pakistan Peoples Party,[41] who has been representing Mukhtaran pro bono. However, her rapists were found not guilty. Advocate, Malik Muhammad Saleem, won this case against Mukhtaran and the accused were released. The Federal Sharia Court in Pakistan decided to suspended this decision of Lahore High Court on March 11 arguing that Mai's case should have been tried under the islamic Hudood laws.[42] Three days later the Supreme Court ruled that the Federal Sharia Court did not have the authority to overrule the decision and decided to hear this case in the Supreme Court.[43]
[edit]Retrial of rapists
The Lahore high court ruled on 6 June 2005 that the accused men could be released on payment of a 50,000 rupees ($840) bond. However, the men were unable to come up with the money, and remained in jail while the prosecution appealed their acquittal.[44] Just over two weeks later, the Supreme Court intervened and suspended the acquittals of the five men as well as the eight who were acquitted at the original 2002 trial. All 14 would be retried in the Supreme Court.[45]
[edit]Threats
On April 8, 2007, New York Times reported that Mukhtaran lives in fear for her life from the Pakistani government and local feudal lords.[10]
According to the New York Times, Mukhtaran her friends, colleagues and their families are at great risk from violence by local feudal lords, and/or the government of Pakistan.[12]
[edit]Post-case work
Mukhtaran began to work to educate girls, and to promote education with a view towards raising awareness to prevent future honour crimes. Out of this work grew the organization Mukhtar Mai Women's Welfare Organization (MMWWO). The goals of MMWWO are to help the local community, especially women, through education and other projects. The main focus of her work is to educate young girls, and to educate the community about women’s rights and gender issues. Her organization teaches young girls, and tries to make sure they stay in school, rather than work or get married. In Fall 2007, a high school will be started by her group. The MMWWO also provides shelter and legal help for people, often women, who are victims of violence or injustice.[46]
[edit]2009 - Current
On December 11, 2008 Mukhtaran was informed by Sardar Abdul Qayyum, the sitting Federal Minister for Defence Production, to drop the charge against the accused. According to Mukhtaran, the minister called her uncle, Ghulam Hussain, to his place in Jatoi and passed on a message to Mukhtaran that she should drop the charges against the thirteen accused of the Mastoi tribe, who were involved either in the verdict against Mukhtaran, or who gang raped her. The minister said that if she did not comply, he and his associates would not let the Supreme Court’s decision go in favour of Mukhtaran. It is believed that the Mastoi clan have political influence of sufficient weight to bring pressure to bear on the supreme court via establishment and political figures. The Supreme Court of Pakistan had listed Mukhtaran case for hearing in the second week of February 2009 (hearing was expected on 10 or 11 February).[47]
On June 11, 2009, the Multan Electric Power Company raided the MMWWO (Mukhtar Mai's Women Welfare Organization (www.mukhtarmaimmwo.com) in Meerwala, Pakistan, disconnecting all electricity to the grounds, falsely accusing the organization of stealing electricity despite records proving they have paid all bills in full. MMWWO and hundreds of families in the surrounding area were without power for several days. Today, while the power to the surrounding area has been restored, the MMWWO grounds, which house the Mukhtaran Girls Model School, Women's Resource Centre, and Shelter Home for battered women (whose premises was raided despite the fact that men are strictly prohibited), are still enduring blistering temperatures. According to MMWWO employees, who were witnesses, the power company officials claimed that the raid was ordered by Abdul Qayyum Jatoi, the Federal Minister for Defense Production. This raid has significantly hindered the ability of Mai's organization to carry out its' important human rights work, providing services for vulnerable women, girls and boys. Mukhtar Mai Women's Organization [48]
Hearings for the Supreme Court case have repeatedly been delayed, while her attackers remain imprisoned and her case is pending.[49]
In June 2010, it was reported that Pakistan Peoples Party legislator Jamshed Dasti has threatened gang-rape Mai to withdraw her appeal in the Supreme Court against the accused rapists. Mai said in an exclusive interview to the Express Tribune, that Dasti threatened her last week through his messengers in Mir Wala (Muzaffargarh) and through the supporters of Federal Minister for Defence Production, Sardar Qayyum Jatoi, whose constituency she resides in, is putting pressure on her family in various ways i.e. to remove the police check post from outside their house. She stated her family was living in fear. Dasti, a critic of Mai, confirmed that he had requested her to reach a compromise on the matter.[50]
On April 21, Malik Saleem, defense lawyer for the men accused of gang-raping Mukhtaran Mai under orders of the Mastoi clan, announced that five have been acquitted by the Supreme Court of Pakistan while the sixth suspect, Abdul Khalique had his life sentence upheld. Although the release of the suspects places Mukhtaran Mai in even greater danger she has vowed not to shut down her school.[51]
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