Dear friends,
The Asian Human Rights Commission (AHRC) wishes to forward to you the following open letter from The Dutch Lawyers for Lawyers and Lawyers Rights Watch Canada
Asian Human Rights Commission
Hong Kong
——-
An Open Letter from the Dutch Lawyers for Lawyers and Lawyers Rights Watch Canada forwarded by the Asian Human Rights Commission (AHRC)
An Open letter to President Pervez Musharraf
PAKISTAN: OPEN LETTER TO THE GOVERNMENT OF PAKISTAN REGARDING THE RULE OF LAW IN GENERAL AND MR. MUNEER MALIK IN PARTICULAR
From:
The Dutch Lawyers for Lawyers Foundation
Lawyers Rights Watch Canada
To: President Pervez Musharraf
Pakistan Secretariat
Islamabad
Pakistan
Excellency,
We kindly ask your attention to the following.
The situation in your country, as it develops since you introduced martial law as of 3 November 2007, is greatly disturbing. Our worries focus on the way in which your government is treating its opponents, more particularly on the manner in which your government recently has been treating the legal profession as a whole.
A truly democratic, open and civilised society is charaterised through the existence of a judiciary which is, effectively, independent and through a national Bar, the members of which are able to , effectively, carry out their duties. This principle is, among several others, laid down in the Basic Principles on the Role of Lawyers [1]:
Guarantees for the function of lawyers”
16. Governments shall ensure that lawyers (a) are able to perform all of their professional functions without intimidation, hindrance, harassment or improper interference; (b) are able to travel and co consult with their clients freely both within their own country and abroad; and (c) shall not suffer or be threatened with, prosecution or administrative, economic or other sanctions for any action taken in accordance with recognised professional duties, standards and ethics.
17. Where the security of lawyers is threatened as a result of discharging their functions, they shall be adequately safeguarded by the authorities.
Freedom of expression and association
23. Lawyers like other citizens are entitled to freedom of expression, belief, association and assembly. In particular, they shall have the right to take part in public discussion on matters concerning the law, the administration of justice and the promotion and protection of human rights and to join of form local, national or international organisations and attend their meetings, without suffering professional restrictions by reason of their lawful action or their membership in a lawful organisation. In exercising these rights, lawyers shall always conduct themselves in accordance with the law and the recognised standards and ethics of the legal profession.
Putting thousands of lawyers in jail in order to stop them from making use of their right toFreedom of Expression constitutes a grave violation of the Basic principles and at the same time, indeed, a serious assault on the rule of law.
Apart from our serious worries about the general picture we are extremely distressed by the way the authorities, acting under your responsibility, have treated Mr. Muneer Malik, the former President of the Pakistan Supreme Court Association, who was also put in jail and who is now in hospital, seriously suffering of physical damage caused by the treatment and/or lack thereof, which he received while being detained [2].
We bring to your attention UN approved standards requiring the requested medical treatment. The United Nations Standard Minimum Rules for the Treatment of Prisoners [3], entitled prisoners to effective medical attention and treatment. Article 22 (2) provides:
Sick prisoners who require specialist treatment
22(2) Sick prisoners who require specialist treatment shall be transferred to specialised 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 for sick prisoners, and there shall be a staff of suitably trained officers.
The duty to ensure effective medical treatment is also part of Pakistans binding obligation to protect Mr. Maliks right to life guaranteed by the Universal Declaration of Human Rights (Article 3) which stipulates that everyone has the right to life, liberty and security of person.
We urge you to protect Mr. Malik with all the medical care which he needs and let him recover without any governmental interference whatsoever. Moreover, we do urge you to instantaneously restore the rule of law in Pakistan, i.e.to restore the quo ante 3 November 2007.
We do appreciate receiving an early reply to this letter.
Sincerely,
Judith Lichenberg, L4L
Gail Davidson, Executive Director, LRWC
Links and contacts:
www.advocatenvooradvocaten.nl
www.lrwc.org/pub1.php
Judith Lichenberg, L4L – 31 (0)6 11 30 6378
Cara Gibbons LRWC 1 416 822 1626 caragibbons@osgoode.yoru.ca
Footnotes
[1] Adopted by the Eighth United Nations Congress on the Prevention of Crime and the Treatment of Offenders, Havana, Cuba, 27 August to 7 September 1990
[2] http://www.youtube/watch?v=5uUU0-7pplg
[3] Adopted by the First United Nations Congress on the Prevention of Crime and the Treatment of Offenders, held at Geneva in 1955, and approved by the Economic and Social Council by its resolution 663 C (XXIV) of 31 July 1957 and 2076 (LXII) of 13 May 1977
# # #
About AHRC: The Asian Human Rights Commission is a regional non-governmental organisation monitoring and lobbying human rights issues in Asia. The Hong Kong-based group was founded in 1984.
To support this case, please click here: SEND APPEAL LETTER
SAMPLE LETTER
