GENEVA: UN High Commissioner for Human Rights Volker Turk said Friday Pakistan’s “hastily” adopted constitutional amendments seriously undermine judicial independence and raise grave concerns about military accountability and respect for the rule of law.
In a statement issued in Geneva, the human rights chief said the amendment, like the 26th amendment last year, had been adopted without broad consultation and debate with the legal community and wider civil society.
Turk said the amendments run counter to the separation of powers that underpin the rule of law and safeguard the protection of human rights in Pakistan.
“Under the changes adopted on November 13, a new Federal Constitutional Court (FCC) has been given powers over constitutional cases, replacing the previous authority of the Supreme Court, which will now only deal with civil and criminal cases,” the statement read.
It added that the systems for appointing, promoting and transferring judges changed in a manner raising “serious concerns about undermining the structural independence of Pakistan’s judiciary”.
“These changes, taken together, risk subjugating the judiciary to political interference and executive control,” Turk was quoted as saying.
“Neither the executive nor legislative 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 core measure of judicial independence is a tribunal’s insulation from political interference by the government. If judges are not independent, experience shows that they struggle to apply the law equally and to uphold human rights for all in the face of political pressure.”
“Sweeping immunity provisions … undermine accountability, which is a cornerstone of the human rights framework and democratic control of the armed forces under the rule of law,” Turk was quoted as saying.
“I am concerned that these amendments risk far-reaching consequences for the principles of democracy and rule of law which the Pakistani people hold dear.”
