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CRIME OR CUSTOM?

Violence Against Women in Pakistan

Human Rights Watch

New York A Washington A London A Brussels

Copyright © August 1999 by Human Rights Watch.

All rights reserved.

Printed in the United States of America.

ISBN: 1-56432-241-6

Library of Congress Card Number: 99-066772

Cover photo by M. Kaursheed (Associated Press). Victims of domestic abuse Nusrat Prveet, 30, right, and Tasneen Bibi, 25, pose in a hospital in Islamabad, Pakistan, September 1997. Parveen had her nose cut off by her husband and Bibi had acid thrown in her face by her in-laws.

Cover design by Rafael Jiménez

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The staff includes Kenneth Roth, executive director; Michele Alexander, development director; Reed Brody, advocacy director; Carroll Bogert, communications director;Cynthia Brown,program director; Barbara Guglielmo, finance director; Jeri Laber special advisor; Lotte Leicht, Brussels office director; Patrick Minges, publications director; Susan Osnos, associate director; Maria Pignataro Nielsen, human resources director; Jemera Rone, counsel; Wilder Tayler, general counsel; and Joanna Weschler, United Nations representative. Jonathan Fanton is the chair of the board. Robert L. Bernstein is the founding chair.

The regional directors of Human Rights Watch are Peter Takirambudde, Africa; José Miguel Vivanco, Americas; Sidney Jones, Asia; Holly Cartner, Europe and Central Asia; and Hanny Megally, Middle East and North Africa. The thematic division directors are Joost R. Hiltermann, arms; Lois Whitman, children's; and Regan Ralph, women's.

The members of the board of directors are Jonathan Fanton, chair; Lisa Anderson, Robert L. Bernstein, David M. Brown, William Carmichael, Dorothy Cullman, Gina Despres, Irene Diamond, Adrian W. DeWind, Fiona Druckenmiller, Edith Everett, Michael E. Gellert, Vartan Gregorian, Alice H. Henkin, James F. Hoge, Stephen L. Kass, Marina Pinto Kaufman, Bruce Klatsky, Joanne Leedom-Ackerman, Josh Mailman, Yolanda T. Moses, Samuel K. Murumba, Andrew Nathan, Jane Olson, Peter Osnos, Kathleen Peratis, Bruce Rabb, Sigrid Rausing, Orville Schell, Sid Sheinberg, Gary G. Sick, Malcolm Smith, Domna Stanton, and Maya Wiley. Robert L. Bernstein is the founding chair of Human Rights Watch.

ACKNOWLEDGMENTS

This report was researched and written by Samya Burney and edited by Regan E. Ralph and Cynthia Brown. The chapter on the international community's response was written by Kerry McArthur. Invaluable research and editorial input were contributed by Kerry McArthur, Kinsey Dinan, and Patricia Gossman. The report follows a 1992 report, Double Jeopardy: Police Abuse of Women in Pakistan, which documented sexual abuse of women by state agents.

The women's rights division of Human Rights Watch gratefully acknowledges the assistance of the many individuals, government officials, and institutions in Pakistan who were instrumental in our efforts to investigate the barriers to justice faced by women victims of violence in Pakistan. Our work would not have been possible without the courageous women who were willing to speak to us of their experiences in seeking redress for abuse and assault through the criminal justice system in Pakistan. We would like to extend our particular thanks to human rights attorney Hina Jilani, who has been a key source of support and encouragement since the inception of this project. We would also like to thank the staff of War Against Rape, Shirkat Gah, the Human Rights Commission of Pakistan, Lawyers for Human Rights and Legal Aid, and AGHS Legal Aid Cell for their critical assistance. In addition, we are grateful to the staff of the Police Surgeon's Office, Karachi, Justice Dr. Ghous Muhammad of the Sindh High Court, Julie Chadbourne, Nadeem Fazil Ayaz, Sohail A. Warraich, Zia Awan, Danish Zuberi, Muhammad Ali, Mahboob Khan, and Nausheen Ahmed for their invaluable help.

The women's rights division of Human Rights Watch gratefully acknowledges the support of the Sandler Family Supporting Fund, the John D. and Catherine T. MacArthur Foundation, the Ford Foundation, the Moriah Fund, and the Shaler Adams Foundation.

TABLE OF CONTENTS

I. SUMMARY 1

II. RECOMMENDATIONS 6

III. BACKGROUND 18

IV. PAKISTAN'S OBLIGATIONS UNDER INTERNATIONAL LAW 26

V. THE SCOPE OF THE PROBLEM OF VIOLENCE AGAINST WOMEN 29

VI. THE STATE RESPONSE TO VIOLENCE AGAINST WOMEN 33

Domestic Law 33

Rape 33

Domestic Violence 40

Gender Bias in the Criminal Justice System 45

Role of the Police 52

Delayed and Mishandled Processing of Complaints 52

Harassment and Abuse of Victims 57

Inadequate and Improper Investigations 59

Medicolegal Examinations 63

Importance of Forensic Evidence in Cases of Sexual

Assault and Domestic Violence 63

Late Referrals and Other Police Delays 65

Inaccessibility of Doctors 68

Lack of Training of Medicolegal Personnel 72

Inadequate Equipment and Facilities 77

Inadequate and Abusive Examinations: Sexual

Assault Cases 80

Purpose of Medicolegal Examination 80

Inappropriate Focus on Virginity Status 82

Haphazard Procedures 86

Mistreatment of Victims 87

Inadequate and Abusive Exams: Adultery

or Fornication Cases 89

Role of the Office of the Chemical Examiner 90

Use of Medical Evidence at Trial 92

VII. THE RESPONSE OF THE INTERNATIONAL COMMUNITY 95

The United States 95

Other Bilateral Assistance 96

The European Union 96

International Financial Institutions 96

The United Nations 98

VIII. CONCLUSION 100

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