A/HRC/16/53/Add.1
167. On 28 January 2010, the Government of India rejected the applications made on
behalf of the MFI detainees for political asylum and subsequently all criminal charges
against them were reportedly withdrawn. The MFI members continue to be held in custody,
pending a decision by the courts on whether their deportation to Pakistan would be lawful.
168. In Central Jail Tihar, the MFI members are detained in unsanitary and overcrowded
facilities which have reportedly resulted in communicable diseases. If MFI detainees are
sick they are scarcely referred to an external hospital and the prison authorities make them
clean drainage lines with their bare hands.
169. Mr. Iqbal Shahi suffers from fits and there is neither medical care in the prison nor is
he referred to outside physicians. Mr. Iqbal Shahi has been diagnosed with a tumor in his
brain; however, reportedly no medical help is forthcoming.
170. Mr. Muhammad Ashfaque is diabetic and suffers from an illness affecting his
backbone. The prison staff only gave him Metaformin tablets and his sugar level is getting
higher. When Mr. Muhammad Ashfaque raised this issue with the prison staff he was
reportedly told that “medication is very expensive outside and we cannot afford it, nor can
we refer you to an outside hospital”.
171. Mr. Abdul Waheed underwent heart bypass surgery before his arrest and is still
suffering from acute heart-related illnesses and blood pressure. Reportedly, he is not getting
proper medical treatment but only receives pain-killers. The prison authorities asked Mr.
Abdul Waheed to take care of his medical needs at his own expense from outside.
172. Mr. Abdul Rashid is diabetic, but the prison authorities did not allow him to visit an
Outpatient Department. Due to high diabetic condition his eyesight deteriorated and he has
blurred vision.
173. Ms. Kulsoom Khan suffered from fever in May 2007. The prison authorities gave
her medication that did not help and the prison staff allegedly beat her. Ms. Kulsoom Khan
was then sent to Deen Dayal Hospital where some liquid was withdrawn from her spine
which generated pain in her lower spine. In Deen Dayal Hospital, Ms. Kulsoom Khan was
reportedly given electric shocks once or twice daily. She was tied to the bed with ropes and
would be unconscious for hours. Upon her return to Central Jail Tihar she was weak but she
was reportedly refused to special diet including milk, egg, cheese and fruit. Ms. Kulsoom
Khan developed anemia, however, she did not receive medication nor proper medical care.
174. Currently, eleven MFI children remain in detention in Central Jail Tihar (Farah Naz
Gohar, Sana Riaz, Shahzaib, Hassan AlGohar, Asad Gohar, Zill-e-Gohar, Mary Gohar,
Abhaya Gohar, Aamir Gohar, Tabassum Gohar and Abasah Gohar). However, the prison
authorities do not have the required medication for children and the detained children are
given adults’ medication instead. Thus the two-year-old Ms. Abasah Gohar was given full
antibiotics over 15 days and subsequently developed gastric problems.
175. The Special Rapporteurs drew the attention of the Government to the Standard
Minimum Rules for the Treatment of Prisoners (approved by the Economic and Social
Council by resolutions 663 C (XXIV) of 31 July 1957 and 2076 (LXII) of 13 May 1977).
Rule 22 (2) provides that “[s]ick prisoners who require specialist treatment shall be
transferred to specialized institutions or to civil hospitals. Where hospital facilities are
provided in an institution, their equipment, furnishings and pharmaceutical supplies shall be
proper for the medical care and treatment of sick prisoners, and there shall be a staff of
suitable trained officers.” Furthermore, rule 25 (1) provides that “[t]he medical officer shall
have the care of the physical and mental health of the prisoners and should daily see all sick
prisoners, all who complain of illness, and any prisoner to whom his attention is specially
directed.” The Special Rapporteurs requested the Government to provide the details, and
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