Memorandum
to the Chief Justice of Pakistan on "Crimes against Humanity" and
Genocide committed by Pakistan Army and its subordinat
for their Army's Crimes against Humanity and Genocide in Baluchistan
1. After having a detailed review of the history of conflict in
Baluchistan since 1948, especially of the events occurred during last
eight years, and after keenly observing the proceedings of the
honorable Supreme Court of Pakistan during April-May 2012 regarding
several petitions about the forced disappeared Baluchs, February 18,
2012 incidence of Baghbana, District Khuzdar, Law and Order situation,
Ransom Kidnappings, Sectarian Killings and Murdr of the sister and
niece of Mr Brahmdagh Bugti, Leader of Baluchistan Republican Party in
Karachi on January 30,2012, this Memorandum is being sent to you with
an objective to invite the attention of the honorable Apex Court of
Pakistan towards identification of the organized crimes being
reported from Baluchistan for as many as eight consecutive years, as
"Crimes Against Humanity" and "Genocide" as they actually fall in
these categories according to the Rome Statue.
2. This memorandum also intends to invite the kind attention of the
honorable Apex Court to some important yet ignored facts, legal and
moral aspects of Baluchistan's Crisis which are critical for
dispensation of Justice to the victims of the Crimes against Humanity
and Genocide. It is feared that if the honorable Court continues
ignoring these facts, as it used to for years, it won't be virtually
possible for the Court to fulfill her very responsibility regarding
the matter mention in the subject line.
3. This memorandum is also meant to make prayer before the honorable
Apex Court to hold the Chief of Army Staff of Pakistan, his associates
in process of policy and decision making, the ex Chief of the
aforesaid force and his allies in policy and decision making
responsible for the Crimes against Humanity and Genocide carried out
by their forces during last 8 years in Baluchistan. The COAS must be
effectively stopped from committing more crimes of the same nature and
due course of legal action in compliance with the provisions of basic
human rights vested in constitution of Pakistan and the International
precedents regarding the crimes of the same nature be initiated
immediately.
4. Baluchistan has been undergoing "CIVIL WAR" for several years till today.
5. Pakistan Army has been operating in Baluchistan as "De facto
Authority" in Baluchistan for at least 12 last years. Its Chiefs and
their associates have been solely responsible for devising policies,
planning and implementing the operations regarding the so-called
counter insurgency in Baluchistan without any interference from the
Federal and Provincial Governments for at least last ten years.
5. Pakistan Army, its subordinate agencies and F.C, the Para military
force practically controlled by Pakistan Army, for several years have
been at logger heads with several "Armed Baluch Liberation
Organizations” which claim to be struggling for liberation of their
motherland from Pakistani state.
6. All the Armed Baluch Liberation Organizations comprising just a few
thousand members use Guerrilla Warfare methods to revolt the authority
of Pakistani state in Baluchistan. Their members "hit and run away" in
to the mountains and barren lands for hiding. Usually they have
nothing to do with the civilian Baluch populous.
7. Several Baluch Political Parties and Student Organizations in
Baluchistan have been struggling for several years in quite a peaceful
and democratic manner for the "Right to Self Determination" and other
rights including political, cultural and economic rights of the Baluch
people. These political parties and students organizations enjoy
popular support in Baluchi and Brahvi speaking areas of Baluchistan.
8.Pakistan Army and its subordinate agencies and Para-military forces
controlled by it have been found involved in persecution of the
members, supporters and sympathizers of the aforesaid Baluch political
parties and students organizations by conducting the organized crimes
that fall either in category of "Genocide" or/and "Crimes against
Humanity" according to the Rome Statue. Officially it has been claimed
that the forces aforesaid had been carrying out lawful activities to
maintain "law and order" or to search and nab the "out-laws" in
Baluchistan, but behind this smoke screen, the aforesaid forces have
committed thousands of organized crimes against a specific political
group of the Baluch Nation aimed at either to force them to withdraw
from their political views, affiliations and sympathies or to simply
destroy them physically and psychologically.Thousands of organized crimes committed by Pakistan army and its subordinate agencies committed against the aforesaid Baluch political group include;
- Murders
- Forced displacement
- Forced disappearances
- Extermination
- Extreme physical and mental torture
- Illegal detentions and severe deprivation of physical liberty in violation of fundamental rules of international law
- Setting houses and properties ablaiz
specific political group mentioned above, have directly been hit
by the Crimes against Humanity and Genocide committed by Pakistan Army
during last eight years.
10. Several petitions from the Baluch victims of the crimes mentioned
above have lodged complaints/petitions with the law enforcing
authorities including the courts of law demanding justice but none of
the culprits could be brought to justice yet. This is actually a
common feature of the "Crimes against Humanity" and Genocide occurred
in past 65 years around the globe that the law enforcing agencies and
the courts working under authority of the same State, fail to deliver
justice to the victims of the state of a de facto authority operating
in the state.
11. Though the honorable Apex Court of Pakistan has recovered some of
the forced disappeared Baluchs from custody of the civilian state
institutions i.e. Police during this period but none of the culprits
could be dragged to justice yet due to lack of interest on part of the
institutions responsible for dispensation of justice.
12. The honorable Supreme Court of Pakistan is requested to identify
the cases of "forced disappearance" of Balochs as a component of
Pakistan Army's policy devised to crush resistance posed by a
specific political group of the baluchs as there are sufficient
evidences to believe so. these cases along with other organized crimes
by the same against the group aforesaid should be seen in light of the
article 6, 7 and 28 of the Rome Statue and be proceeded by the Apex
Court as "Crimes against Humanity" and "Genocide". These cases due to
their special nature need special treatment.
13. The Supreme Court may direct the Chief of Army Staff of Pakistan
Army to produce all the forced missing persons before the court
within a certain period of time fixed by the honorable court i.e one
month. On expiry of this time, the honorable court must start legal
proceedings under charge of kidnapping and murder in illegal custody
against him and others found involved in decision making regarding
kidnapping of thousands of persons over the span of years.
Precedence’s from abroad may be followed in absence of appropriate
laws for criminal proceedings regarding "Crimes against Humanity" and
"Genocide".
Choudhry Waseem Azmet "Baluch"
C/255, Street No.2, Mohalla Kunwar Gardh, Gujranwala
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