International Human Rights Council
Urgent Action Case -008 -2018
Date: 18 August 2018


ISSUES: Freedom of expression, cybercrimes, judicial system, illegal detention, disappearance, no rule of law

The International Human Rights Commission, Hong Kong (IHRC-HK) has information that one social media activist from Khyber Pakhtunkha province, Mr. Mohammad Hayat Khan Preghal, also a frontline activist of Pashtun Tahafuz Movement (PTM), was arrested by the intelligence agencies and men in Khakis.

He was kept incommunicado in illegal detention of secret agencies for several days. Later Preghal was charged with involvement in anti-state activities under Prevention of Electronic Crimes Act 2016. He was arrested on mere accusation as his name was not mentioned First Information Report (FIR). The man who allegedly reported on Pregal to be involved in anti-state activities has submitted an affidavit in the Islamabad high court confirming that he has never given the statement to the police or Inter services intelligence agency-the ISI.

In the last hearing of the case the single judge bench of high court was changed, ostensibly, on the instruction of notorious intelligence agency, the ISI.

Details of the case:

Mr. Hayat Preghal is a well-known and prominent social media activist of KPK province, he was also the spokesperson of Pashtun Tahaffuz Movement (PTM).   A pharmacist by profession, he was working in a pharmacy in Dubai, however, the situation of KPK and particularly situation of South and North Waziristan, FATA weight heavy on his conscience. Where military operations and aerial bombardments have been ongoing since 2001, thousands of innocent men, women and children are missing or killed.

The military officers have completed and unquestionable impunity to barge into houses on the pretext of searching terrorists and do not allow them. The farmers are not allowed to even grow crops of their own choice or cattlefarming. Preghal was impressed by the Pathun Tahaffuz Movement (PTM) and its leadership who were bravely fighting against the usurpers. In recent months Preghal returned back to Pakistan and started his activism through social media

On July 6, 2018, Hayat Preghal, was arrested from his house in Dera Ismail Khan, Khyber Pakhtun Khuwa province (KPK) by officials in plain clothes. The law enforcement Agency personnel forcibly entered inside Preghal’s house in late hours. The family members tried to put up a resistance against men who held them hostage on gun point for several hours, the male members of the household were also roughed up and beaten.

After his arrest, the family members went to police station to enquire and report about the case of abduction the police, however, refused to file FIR due to the possible involvement of intelligence agencies. The local people of Dera Ismail Khan (D.I. Khan) and people from South Waziristan started protests for Preghal’s release even at the offices of ISI and other intelligence agencies including government buildings.

After six or seven days of his disappearance, Preghal called his brother telling him that he is in Adiala Jail, Islamabad, and he is booked in anti-state activities and Cyber Crimes by the federal investigation agency (FATA) for using social media for the rights of FATA people.

The friends and activists of PTM immediately filed application before Islamabad High Court for his bail. In the meantime they also took the copy of First Information Report (FIR) which was ambiguous and states that “some unknown persons are uploading, transmitting, explicitly projecting and plainly disseminating propaganda through face book profiles and Twitter account”. The FIR further states that   “The illegal practices of unknown  persons could raise social unrest and as well as ethnic clashes, conflicts among different groups/community of the society that could ignite anarchy through out the state and was requested to initiate strict legal action”.

It is pertinent to mention here that Preghal’s was not nominated in the FIR. The federal investigation agency has also attached a statement of one witness who claimed to say that he is the witness to the anti-state activities of Preghal, however, in the first hearing at Islamabad high court the witness redacted his statement and denied that he had ever given such statement or evidence thereof to the FIA. He also submitted an affidavit denying his statement.

After Preghal’s disappearance for some days, he was handed over to federal investigation agency (FIA) and FIA has booked him under the sections of 9 and 10 of Prevention of Electronics Crime Act 2016.

The friends and well-wishers of Preghal applied for his release on bail after arrest in Islamabad High Court (IHC). During the last four hearings the court was unable to decide the case. Every document proving Preghal’s innocence was presented in the court to prove his innocence including the affidavit of the witness redacting his statement against Preghal. Yet the court is reluctant to release him.

In the last hearing of the case on August 10, the single bench of the IHC was dissolved and new bench will be formed in the first week of September which will hear the case.  FIA did not present any record to court of cybercrimes, Islamabad. But there are reports that ISI wants to keep him in jail.

The interference of ISI in the judiciary is widely known. Only recently one senior judge of the IHC, Mr. Justice Shaukat Siddiqi remarked during hearing of case that intelligence agencies particularly ISI is interfering and influencing  the court’s decisions and has power to make the benches of its own choice.

ADDITIONAL INFORMATION

Notorious for its enactment of arbitrary laws such as the Hudood ordinance, Blasphemy laws and the Protection of Pakistan Act, the Pakistan government has now added the Prevention of Electronic Crime Act 2016 to the increasing list of laws infringing upon citizens’ fundamental freedoms.

According to rights groups, the Electronic Crime bill has draconian provisions that are blatantly infringe upon fundamental rights that are guaranteed under the Constitution. The proposed bill criminalizes activities such as sending text messages without the receiver’s consent or criticizing government actions on social media with fines and long-term imprisonment. Industry representatives have argued that the bill would harm business as well. Online criticism of religion, the country, its courts, and the armed forces are among the subjects that could invoke official intervention under the bill.

SUGGESTED ACTION

Please sign the petition by clicking the blue button which calls upon the authority to immediately release Mr. Mohammad Hayat Khan Preghal and withdraw all cases against him. The authorities must take action against the responsible officials of notorious intelligence agencies who pick the suspects on wrong information and keep them in their detention illegally and file the fake cases.

SAMPLE LETTER:

Name of the victim:

Mr. Mohammad Hayat Khan Praghal son of Arsala Khan, resident of mohallah Zafarabad, Dera Ismail Khan, KPK province, presently confined in Adiyala Jail, Rawalpindi

Names of the perpetrators:

Officials of intelligence agency-ISI

Officials of Federal Investigation Agency

PAKISTAN: A blogger detained on mere accusation, denied bail under the pressure of intelligence agency

I am deeply concerned about the illegal and arbitrary arrest of one social media activist of Khyber Pakhtunkha province Mr. Hayat Preghal is a well-known and prominent social media activist of KPK province, he was also the spokesperson of Pashtun Tahaffuz Movement (PTM).   A pharmacist by profession, he was working in a pharmacy in Dubai, however, the situation of KPK and particularly situation of South and North Waziristan, FATA weight heavy on his conscience. Where military operations and aerial bombardments have been ongoing since 2001, thousands of innocent men, women and children are missing or killed.

The military officers have complete and unquestionable impunity to barge into houses on the pretext of searching terrorists and do not allow them. The farmers are not allowed to even grow crops of their own choice or farm cattle. Preghal was impressed by the Pathun Tahaffuz Movement (PTM) and its leadership who were bravely fighting against the usurpers. In recent months Preghal returned back to Pakistan and started his activism through social media

I am shocked that on July 6, 2018, Hayat Preghal, was arrested from his house in Dera Ismail Khan, Khyber Pakhtun Khuwa province (KPK) by officials in plain clothes. The law enforcement Agency personnel forcibly entered inside Preghal’s house in late hours. The family members tried to put up a resistance against men who held them hostage on gun point for several hours, the male members of the household were also roughed up and beaten.

Like many other cases, after his arrest, the family members went to police station to enquire and report about the case of abduction the police, however, refused to file FIR due to the possible involvement of intelligence agencies. The local people of Dera Ismail Khan (D.I. Khan) and people from South Waziristan started protests for Preghal’s release even at the offices of ISI and other intelligence agencies including government buildings.

After six or seven days of his disappearance, Preghal called his brother telling him that he is in Adiala Jail, Islamabad, and he is booked in anti-state activities and Cyber Crimes by the federal investigation agency (FATA) for using social media for the rights of FATA people.

The friends and activists of PTM immediately filed application before Islamabad High Court for his bail. In the meantime, they also took the copy of First Information Report (FIR) which was ambiguous and states that “some unknown persons are uploading, transmitting, explicitly projecting and plainly disseminating propaganda through face book profiles and Twitter account”. The FIR further states that   “The illegal practices of unknown persons could raise social unrest and as well as ethnic clashes, conflicts among different groups/community of the society that could ignite anarchy throughout the state and was requested to initiate strict legal action”.

Here It is pertinent to mention here that Preghal’s was not nominated in the FIR. The federal investigation agency has also attached a statement of one witness who claimed to say that he is the witness to the anti-state activities of Preghal, however, in the first hearing at Islamabad high court the witness redacted his statement and denied that he had ever given such statement or evidence thereof to the FIA. He also submitted an affidavit denying his statement.

I was informed that after Preghal’s disappearance for some days, he was handed over to federal investigation agency (FIA) and FIA has booked him under the sections of 9 and 10 of Prevention of Electronics Crime Act 2016.

The friends and well-wishers of Preghal applied for his release on bail after arrest in Islamabad High Court (IHC). During the last four hearings the court was unable to decide the case. Every document proving Preghal’s innocence was presented in the court to prove his innocence including the affidavit of the witness redacting his statement against Preghal. Yet the court is reluctant to release him.

I was distressed to know that in the last hearing of the case on August 10, the single bench of the IHC was dissolved and new bench will be formed in the first week of September which will hear the case.  FIA did not present any record to court of cybercrimes, Islamabad. But there are reports that ISI wants to keep him in jail.

I am aware that the interference of ISI in the judiciary is widely known. Only recently one senior judge of the IHC, Mr. Justice Shaukat Siddiqi remarked during hearing of case that intelligence agencies particularly ISI is interfering and influencing  the court’s decisions and has power to make the benches of its own choice.

I therefore, urge you to immediately release Mr. Mohammad Hayat Khan Preghal and withdraw all cases against him. The authorities must act against the responsible officials of notorious intelligence agencies who pick the suspects on wrong information and keep them in their detention illegally and file the fake cases.

PLEASE SEND THE LETTER TO FOLLOWING AUTHORITIES

  1. Prime Minister of Pakistan
    Prime Minister House
    Islamabad
    PAKISTAN
    Fax: +92 51 922 1596
    Telephone: +92 51 920 6111,
    E-mail: secretary@cabinet.gov.pk, pspm@pmsectt.gov.pk2. Mr. Chief Minister KPK
    Chief Minister Secretariat,
    Shahibzada Abdul Qayum Road, Peshawar
    Telephone: 091-9222460-464
    Fax 091-9212237
    Email: complaints@crckp.gov.pk

    3. Federal Minister for Interior
    Ministry of Interior of Pakistan
    R Block, Pak Secretariat
    Islamabad
    PAKISTAN
    Telephone: +92 51 9212026
    Fax: +92 51 9202624
    Email: interior.complaintcell@gmail.com, ministry.interior@gmail.com

    4. Federal Minister for Human Rights
    Ministry of Human Rights
    State Life Building No. 5, Blue Area,
    Jinnah Avenue, China Chowk, Islamabad
    Fax: +92 51 9204108
    Email: contact@molaw.gov.pk

    5.Chief Justice of Peshawar High Court
    Peshawar High Court, Khyber Road, Peshawar,
    Khyber Pakhtunkhwa, Pakistan.
    Telephone:+92-91-9210149-58
    Fax: +92-91-9210170

    6. Inspector General Police Kyber Pakhtunkhwa
    Sahibzada Abdul Qayyum Road, Civil Secretariat Peshawar,
    Khyber Pakhtunkhwa, Pakistan
    Telephone 9210084
    Fax: 9210925

 

  1. Directorate of Human Rights,

Khyber Pakhtunkhwa.
6th Floor, Tasneem Plaza Near Jan’s Bakers
Saddar Road, Peshawar, Pakistan
Telephone: +92-91-9213068
Fax: +92-91-9213069
Email: dhr.kpk@gmail.com

93 Comments

PAKISTAN: A blogger detained on mere accusation, denied bail under the pressure of intelligence agency

  1. Pakistan is a Punjabi Apartheid Racist Terrorist state that kill non stop with impunity its Baluch, Pashtun ,Sindhi,Muhajir and Seraiki minority citizens. Pakistan is far worse than the Zionist racist state of Israel and should be sanctioned by all freedom and democratic loving nations. No to torture,massacre , state enforced disappearances of Pashtun and other minority human rights activist by the Punjabi dominated Pakistani state agencies and its terrorist supporting military.

  2. He is the symbol of humanity, love, peace and voice of voiceless oppressed pashtun nation..
    He was fighting for peace of pashtun land. He must be released immediately…

  3. راوانور آزاد ہے، ڈبل احسان شاہی مہمان ہے
    لیکن حیات پریغال جیل میں ہے

  4. Hayat was and is humanitarian he rise voice against extra judicial killings by Pakistani security agencies and now he is arrested by Pakistani agencies . Although he is innocent but still Pakistani agencies are torturing him in adyala jail Rawalpindi.
    We hope Human Rights commission international will raise voice for Hayat

  5. Hayat Preghal is the voice of innocent and downtrodden people of FATA ‘ he always raise voice against the the brutality of Army done with the people of FATA especially South Waziristan.
    We demand his early releas as he has not committed any crime.

  6. Dear Team Human Rights,
    As you know in Pakistan Peoples of FATA are not safe in Pakistan,due to the cruelity of Pak Army and also Talibaan who playing card in the hand of pak army,one of our friend his Name Hayat Preghal was critised dt cruelity of army and Talibaan on social media,Bt after some time Pak army arrested him in the case of cyber crime fact,so now after one month,still he is in the custody of pak army adiala jail,So please Raise your voice with us,,Thanks And Regards

  7. Hayat Preghal is voice of voiceless people of WaZiristan.
    He should be release immediately bcx He in innocent citizen not a criminal like Rao Anwar

  8. پریغال کو رہا کرو پریغال بے گناہ ہے اگر اسکو رہائ نہیں ملی تو سمجھو کہ کسی کی جان بھی محفوظ نہیں ہے

  9. Mr hayat preghal in adyala but raw Anwar is free
    Salem jaffer also kidnapped by Islamabad police without any sin plz help him

  10. He is the symbol of humanity, Peace,and non-violence. He must be released immediately. He was the voice of the voiceless people and oppressed pashtun nation. He was against war on Pashtun land.. He has not been found guilty but Paki establishment wants him to be in prison.

  11. Hayat preghal was a very good person, he rise voice for the people of waziristan as well as for all pushtoons .
    I hope this is his scene that he is pushtoon , and belong to waziristan.

  12. Hayat preghal is good social activities man… I request to our court to release ennocent hayat preghal..

  13. Pakistan is unfortunately curbing basic human rights and freedom of expression. Religious minorities and violence against women increased. People asking for basic rights are disappeared by the Law Enforcing agencies. Judicial system hearing the cases at the paces of snail. Demand immediate #ReleaseHayatPreghal and ask an inquiry who was behind his abduction. Want justice for Hayat and other sufferers of State hegemony

  14. Every member of #PTM is ready to prison even to martyrdom don’t afraid us with such kind of tactics. stop killing and no more arrest the innocent pushtoons #ReleaseHayatPreghal

  15. We want to free Hayat Preghal as he is a well know. social activist and always talked about human rights.

  16. Thanks alot for your kind action, otherwise we struggle hard but helpless.As personally known Hayat Preghal from the last 07 years very first day in University.He is really a social hero in realistic ways as never compromise socially when ever there was injustice to a poor needy people ,he always stoodby.

  17. حیات پریغال وہ انسان ھے جو دہشتگردی کے خلاف ہے اور انسانیت کے خیر خواہ ہے
    We all with Hayatحیات پریغال نے جتنے پوسٹ کیے ہونگے اس سے زیادہ راو انوار نے ماورائے عدالت قتل کیے ہیں۔ پر بھی حیات پریغال قید اور راو انوار آزاد ہے۔
    ‎#ReleaseHayatPreghal

  18. How can a person expect justice from a country which is already in grey list. A country which is known for production of terrorists funding and supporting terrorism. We live here in pakistan like slaves

  19. #ReleaseHayatPreghal
    We request to the humanRight commision of pakistan to take action against the abduction of Hayat prghal PTM social media activistis..

  20. Hayat Preghal is innocent. His detention is totally unlawfull. He should be immediately released.

  21. Its a hard here in pakistan that state are invole to viloet all the rules of here and there is thousands of people are disappear without any reason
    We are all the pakistani citizens are request to such like org like you to pressurize pakistan to stop the violation of international humain rights charater of un and also stop the rules of our country specially a many spy agencies and security official are barvly violate the rules and law of pakistan

  22. In Pakistan de Keller of innocent pakhton inwar is free but de voice of voiceless is is behind the bar I don’t know why human rights organisations are so slow I am just losing my believe in this all
    organisation now

  23. Release Hayat praghal the pakistan intaligance ingency are in arrestted and must tack action UNHR the hayat praghal freghal arrested problum.He is not tairarestte .thy are voice of peace and they are want to a peace full life for pushtoon.And education for pushtoon.he vioce of PTM on social activest he is every time vilonce for huminty
    and he is samble of huminaty.So please kindly hayat preghal is urgently Release thank you.

  24. Hayat preghal has illegaly jailed by pakistani security agencies and doing violence on him which is against human rights we appeal to human rights for the freedom of hayat preghal.

  25. Hayyat Praghal was a aocail Media Actvist he rise his voice for human Raights and he tell the truth to the prople of pakistan and now he is in Jail from 2 mounths high court deny his bell coz of intalgance Agency prasure

Comments are closed.