United Nations High Commissioner for Human Rights Volker Turk said Friday that constitutional amendments hastily adopted by Pakistan seriously undermine judicial independence and raise serious concerns about military accountability and respect for the rule of law.
In a statement issued in Geneva, the human rights chief said the latest constitutional amendment, like last year’s 26th amendment, had been adopted without extensive consultation and debate with the legal community and wider civil society.
Turk warned that the amendments go against the separation of powers that underpins the rule of law and safeguards the protection of human rights in Pakistan.
“Under changes adopted on November 13, a new Federal Constitutional Court (FCC) has been granted powers over constitutional cases, replacing the previous authority of the Supreme Court, which will now only deal with civil and criminal cases,” the statement reads.
He added that the systems for appointing, promoting and transferring judges changed in a way that raised “serious concerns about the undermining of the structural independence of Pakistan’s judiciary.”
Turk noted that the president and prime minister had already assigned the chief justice and the first group of FCC judges.
“These changes, taken together, risk subjugating the judiciary to political interference and executive control,” Turk said.
“Neither the executive nor the legislature should be in a position to control or direct the judiciary, and the judiciary should be protected from any form of political influence in its decision-making.
“A fundamental measure of judicial independence is the insulation of a court from political interference by the government. If judges are not independent, experience shows that they have difficulty applying the law equally and defending the human rights of all in the face of political pressure.”
The UN also noted that the 27th Amendment establishes lifetime immunity from criminal prosecution and arrest for the president, field marshal, air force marshal and fleet admiral.
“Broad immunity provisions like these undermine accountability, which is a cornerstone of the human rights framework and democratic control of the armed forces under the rule of law,” Turk said.
“I am concerned that these amendments could have far-reaching consequences for the principles of democracy and rule of law that the Pakistani people hold dear.”
On November 13, the president signed The 27th Constitutional Amendment became law hours after the Senate approved the bill for the amendment after voting on it for the second time amid opposition protest.
Announcing the result, Senate President Yousuf Raza Gilani said 64 votes had been cast in favor of the bill and four against. “Therefore, the motion is approved by the votes of not less than two-thirds of the total members of the Senate and, consequently, the bill is approved.”
The House first voted on the bill clause by clause and then by division. While voting clause by clause, slogans of aain ki tabahi, na manzoor (destruction of the Constitution, unacceptable) filled the house, prompting Gilani to say at one point: “No slogans.”
The bill was initially introduced in the Senate for a vote on November 10 and passed the same day. It was then sent to the AN, which approved it yesterday with some modifications. Therefore, the proposed legislation was reintroduced in the Senate to consider the latest changes.
