Norway oslo Tuesday, November 02, 2010

 

 

MEMORANDUM IN RESPECT OF BALOCH ENFORCED DISAPPEARANCE AND GENOCIDE  

 

We the Baloch would like to invite the attention of civilized nation and world community on the subject noted above that thousands Baloch have been illegally arrested, kidnapped, illegally killed and enforced disappearance by the security forces of Pakistan without lawful authority, jurisdiction and locus standi.                                                                                                                                                                             

It is to be noted that the security establishment formulated a new strategic policy to genocide the Baloch innocent persons who are already in their illegal custody instead of that to be produce before a competent court for fair trail are being tortured, killed  and after that their dead bodies are being thrown on open public places indignity and inhuman manner as “State Policy” aim and objective is to eliminate and exterminate the Baloch nation and terrorize them, in the eyes of international law which tantamount international terrorism and ethnic cleansing, amount state terrorism. In this conscience shocking situation the international amnesty has taken cognizance of atrocity and genocide of Baloch in an ordinate delay. However, we people appreciate her scathing report which substantiated the version and plea of Baloch nation. In pursuance of that this provides a level playing field of intervention in ethnic cleansing of baloch. Precise reasons are that the security establishment of Pakistan is flagrantly violating the considerable provisions of Pakistan constitution in which the human rights and fundamental freedoms are incorporated similarly the following international covenant, conventions and instruments are being raped at the hand of security forces of Pakistan i.e. Article 2 (1) of conventions for the protection of human rights and fundamental freedom. Article 3 of said referred instrument says no one shall be subjected to torture or inhuman or degrading treatment or punishment. Similarly sub Article 1 of Article 5 says that everyone has the rights to liberty and security of persons no one shall be deprived of his liberty. The provision 2 of convention against torture (CAT) has also been violated (i) The state shall take affective legislative, administrative, judicial or other measures to prevent (not merely to finish) acts of torture on its territory, (ii) No circumstances (war, political instability or public emergency) may be invoked to justify torture; and (iii) Any order from superior authority may not be invoked as a justification for torture. Unfortunately the Inspector journal of frontier core of Balochistan in league with ISI and MI officers are above to law this is mockery of law and constitution. Obloquy! In the same way the provision 6 of international covenant on civil and political rights (ICCPR) has also been violated (i) every human being has the inherent right to life. This right shall be protected by law. No one shall be arbitrarily deprived of his life. (iii) When deprivation of life constitutes the crime of genocide, it is understood that nothing in this article shall authorize any state party to the present covenant to derogate in any way from any obligation assumed under the provisions of the convention on the prevention and punishment of the crime of genocide. The Article 9 of referred covenant 1 every one has the right to liberty and security of person. No one shall be subjected to arbitrary arrest or detention. No one shall be deprived of his liberty except on such grounds and in accordance with such procedure as are established by law. 2 anyone who is arrested shall be informed, at the time of arrest, of the reason for his arrest and shall be promptly informed of any charge against him.3 anyone arrested or detained on a criminal charge shall be brought promptly before a judge or other officer authorized by law to exercise judicial power and shall be entitled to trail within a reasonable time or to release. It shall not be the general rule that persons awaiting trail shall be detained in custody but release may be subject to guarantee to appear for trial, at any other stage of the judicial proceedings and should occasion arise, for execution of the judgment.4 anyone who is deprived of his liberty by arrest or detention shall be entitled to take proceedings before a court, in order that that court may decide without delay on the lawfulness of his detention and order his release if the detention is not lawful.5 anyone who is victim of unlawful arrest or detention shall have enforceable right to compensation.

Although it would be pertinent to express here that the Pakistan has ratified the hereinabove instruments and undertaken ensured other parties and the world to implement them in latter and spirit but Pakistan being a signatory of the referred instruments, but despite of that, regrettably, the security establishment deliberately, arbitrary and grossly violating them in Balochistan. The miserable behavior , intentional silence, ignorance and negligence of international community, civilized nations and especially United Nation is itself questionable in the eye of international law and referred Instruments.                                   

Keeping in view the hereinabove mentioned facts and circumstances it is appeal to Norwegian government that in the light of the report of international amnesty Dated Tuesday, 26 Oct, 2010 that appropriate intervention measures to be taken against Pakistan and to stop further Baloch ethnic cleansing at the hands of security forces of Pakistan on the grounds of new norms of humanitarian and international law.