Joint statement by Lawyers Rights Watch Canada (LRWC) and the Lawyers for Lawyers Foundation (L4L)

The above listed organizations of Canadian and Dutch lawyers condemn military president General Pervez Musharraf’s suspension of the Constitution of the Islamic Republic of Pakistan, in the strongest possible terms. The Emergency Declaration of November 3, 2007, the Provisional Constitutional Order No. 1 of 2007 and the Oath of Offices (Judges) Order, 2007 constitute an unacceptable attack on the independence of the judiciary and the rule of law, as well as an a completely unjustified abrogation of fundamental human rights.

LRWC and L4L view General Musharraf’s actions as motivated, not by the stated desire to control extremist militants, but by the desire to maintain his grip on power in light of both increasing opposition to his military rule and the anticipated decision of the Supreme Court of Pakistan confirming the unconstitutionality of Musharraf concurrently holding positions of President and Chief of Army Staff of the Pakistan Army.[i][i]

Suspension of constitutional order
The suspension of the constitution has resulted in the repeal of several fundamental human rights, namely the right to life and liberty, freedom of assembly, freedom of association, freedom of speech, equal protection of the law and equality under the law. Core legal rights related to arrest and detention are also repealed, including the right to counsel. LRWC and L4L deplore the manner in which the suspension of these rights have been exploited by Pakistani state agents, for example in the arbitrary arrest of and detention of opposition leaders as well as jurists and human rights advocates with the potential to be effectively critical of the Pakistan government. Advocates reported as arrested include: Ms Asma Jahangir, United Nations Special Rapporteur on freedom of religion or belief, 55 members of the Human Rights Commission of Pakistan (HRCP), over 150 lawyers, Chief Justice Iftikar Mohamed Chaudhry of the Supreme Court of Pakistan, Mr. Justice Sabih uddin Ahmed, Chief Justice of the Sindh High Court and over 40 other judges. A warrant for the arrest of United Nations Special Rapporteur in Human Rights Defenders, Hina Jilani has been issued.

Attack on the independence of the judiciary
The changes instituted by the Emergency Declaration and the above noted measures are largely aimed at eroding the independence of the judiciary and removing other institutional checks on the state’s arbitrary use of power. This includes the replacement of Chief Justice Iftikar Mohamed Chaudhry with a known Musharraf supporter. In addition, the Provisional Constitutional Order No. 1 of 2007 prohibits any court or tribunal from questioning the emergency declaration or issuing any judgment against the President, the Prime Minister, or any authority designated by the President. Consequently, General Musharraf’s actions are now not reviewable by any independent body. The Emergency Declaration attacks the judiciary for exercising its proper judicial functions, for example by accusing it of working at “cross purposes” with government. This disregards the core functions of an independent judiciary and fundamentally undermines any semblance of judicial independence in Pakistan.

Judicial independence: the cornerstone of the rule of law
Judicial independence is “the lifeblood of constitutionalism in democratic societies”[ii][ii] and courts must be independent from “all other participants in the justice system”.[iii][iii] The essence of judicial independence is that the “relationship between the judiciary and other branches of government be depoliticized” (emphasis in original).[iv][iv]

Independence of the judiciary is guaranteed by the International Covenant on Civil and Political Rights, the Basic Principles on the Independence of the Judiciary,[v][v] and the Commonwealth (Latimer House) Principles on the Three Branches of Government[vi][vi] and the Constitution of Pakistan.[vii][vii]

Recommendations
LRWC and L4L call for the following:
— The immediate re-instatement of the Constitution of the Republic or Pakistan and a rescission of the Emergency Declaration of November 3, 2007, the Provisional Constitutional Order No. 1 of 2007 and the Oath of Offices (Judges) Order, 2007; and,
— The immediate re-instatement of Chief Justice Iftikar Mohamed Chaudhry as Chief Justice of the Supreme Court and the re-instatement of other judicial officers displaced by recent events; and,
— The immediate release from detention, including house arrest, of Asma Jahangir, UN Special Rapporteur of freedom of religion or belief, Syed Igbal Haider, Secretary General of HRCP, I.A. Rehman, Executive Director of HRCP, members of the HRCP, Chief Justice Chaudhry, former justices of the Supreme Court of Pakistan, Mr. Justice Sabih uddin Ahmed, members of the opposition, members of the Pakistani bar and bench and all other political prisoners; and,
— Cancellation of the warrant for the arrest of UN Special Rapporteur Hina Jilani;
– Assurance that the January 2008 elections will occur as planned, resulting in a full and democratic transition to civilian rule; and,
— Adherence to any independently made decision(s) of the Supreme Court of Pakistan regarding the legality of General Musharraf continuing in the office; and,
— An immediate cessation of all restrictions on freedom of speech, with all televisions stations placed back on air.

We look forward to receiving feedback on the measures called for. Thank you.

Sincerely

Gail Davidson, Executive Director, Lawyers Rights Watch Canada
Judith Lichtenberg, Executive Director, The Lawyers for Lawyers Foundation (L4L)

Lawyers Rights Watch Canada (LRWC) is a committee of Canadian lawyers who promote human rights and the rule of law internationally by providing support to lawyers and other human rights defenders in danger because of their advocacy. LRWC is an NGO in Special Consultative Status with the Economic and Social Council of the United Nations. Earlier LRWC statements on Pakistan: http://www.lrwc.org/pub1.php

The Dutch LAWYERS FOR LAWYERS FOUNDATION (L4L)(‘Stichting Advocaten voor Advocaten’) is committed to enable lawyers, throughout the world, to practice law without improper interference and to this end, supports lawyers who are under threat or attack in the exercise of their profession while working for the protection of human rights. L4L, established in co-operation with the Dutch Bar Association, the Dutch affiliate of the International Commission of Jurists, and the Dutch Institute of Human Rights, regularly reports on the situation of human rights lawyers
Source: Lawyers Rights Watch Canada (LRWC)
Date:11/6/2007