Lawyers Rights Watch Canada (LRWC), the Asian Legal Resource Centre (ALRC) and Lawyers Without Borders/Canada (LWB/C) call on the Government of Pakistan to immediately provide effective protection to Pakistan lawyers and to prevent future and punish past attacks on them.
LRWC, ALRC and LWB/C repeat the call on the new government of Pakistan to act to ensure:
- The reinstatement of all judges removed from office by the Provisional Constitution Order No. 1 of 2007, November 3 2007 in accordance with the Murree Declaration; and
- The rescission of all laws, including amendments to the Constitution of the Islamic Republic of Pakistan (Constitution), purporting to come into force under authority of the Proclamation of Emergency Declaration of November 3, 2007, the Provisional Constitutional Order No. 1 of 2007 and the Oath of Offices (Judges) Order, 2007
- Withdrawal of charges laid after November 3/07 against lawyers and others for protesting the imposition of martial law including charges of high treason, sabotage, destroying public property and maintenance of public order.
- Strict adherence by Pakistan officials to laws validly in force prior to November 3, 2007 and to applicable international standards protecting the independence of lawyers and judges including those embodied in the UN Basic Principles on the Role of Lawyers2 and the Basic Principles on the Independence of the Judiciary.3
Background
LRWC, ALRC and LWB/C deplore the death of 11 people in Karachi including the death by burning of 6 people believed to be lawyers. LRWC rejects false accusations against members of the Lawyers Movement and regards all attempts to vilify these lawyers and other social justice activists as a pretext to justify illegal activities: the continuation of the suspension of the Pakistan legal system and extra-legal attacks on and executions of those advocating its return.
Since March 2007 millions of people inspired by thousands of lawyers, have peacefully protested the destruction of the Pakistan legal system by the Musharraf regime and advocated for the restoration of an independent judiciary and the law, properly enacted for a proper constitutional purpose. Pakistan lawyers, Pakistan citizens and lawyers around the world have protested against the March 2007 suspension and house arrest of the Chief Justice of the Pakistan Supreme Court, the arrest and maltreatment of thousands protesting the chief justices removal, the Emergency Measures Declaration of November 3, 2007 and suspension of the Constitution, the sacking and detention of judges who refused to conform to the Oath of Offices (Judges) Order 2007 and the arrests of thousands of lawyers and activists, including Pakistans most senior lawyers.
The emergency measures imposed on November 3, 2007 by Musharraf were unlawful under the Constitution, failed to meet United Nations standards for states of emergency and violate international standards for non-derogable rights. On November 5, 2007 the High Commissioner of Human Rights Louise Arbour characterized the state of emergency as illegitimate and called on Musharraf to restore the independent judiciary before the election. Instead thousands of lawyers, judges and activists were arrested for peacefully advocating adherence to customary international law and the Constitution and for peacefully protesting the military regimes suspension of the Constitution, sacking of judges, arrest of thousands of human rights defenders and violations of fundamental human rights and freedoms.
LRWC, ALRC, LWB/C and 16 other NGOs representing thousands of lawyers around the world concluded, in the statement 4 submitted to the UNHRC, that the November 3, 2007 emergency measures were illegal and that all laws created and state actions taken into reliance on the Proclamation of Emergency of November 3, 2007 were enacted and done without legal authority and therefore are null and void, ab initio and must be reversed.
On March 10, 2008 the Pakistan Peoples Party (PPP) and the Pakistan Muslim League (N) agreed, inter alia, ” that the deposed judges would be restored, on the position as they were on November 2, 2007, within 30 days of the formation of the federal government through a parliamentary resolution.” 5 Parliament was recalled on March 17, 2008. Prime Minister Gilani unambiguously confirmed this commitment (the Murree Declaration) when he was sworn in on March 24/08. However, it appears that the Parliament of Pakistan is unable to restore the judiciary or the Constitution while Musharraf is President without risking dissolution. Pressure from certain foreign governments seeking a military presence in Pakistan may also be a factor.
Required Action
LRWC, ALRC and LWB/C call on the government of Pakistan to:
- denounce attacks on lawyers and others advocating the restoration of the judiciary and the Constitution; and,
- denounce the attacks that resulted in the deaths of lawyers and other people in Karachi, April 9, 2008; and,
- negotiate with all political parties and with representatives of the Lawyers Movement to reach an agreement on how best to honour the Murree Declaration and to restore and protect an independent judiciary; and,
- prevent further attacks and punish past attacks on lawyers, other rights-defenders and other people in Karachi by:
a) immediately providing effective protection; and,
b) conducting prompt and effective investigations into the deaths of all the people killed in Karachi on April 9, 2008; and,
c) ensuring the accountability of perpetrators including state agents, through proper prosecutions and fair trials and in accordance with the requirements of the UN Principles on the Effective Prevention and Investigation of Extra-Legal, Arbitrary and Summary Executions.
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 (ECOSOC/UN). Other statements on Pakistan: www.lrwc.org/pub1.php
Asian Legal Resource Centre (ALRC) is a Hong Kong-based NGO with General Consultative status with ECOSOC/UN. Founded in 1986 by a prominent group of jurists and human rights activists in Asia, ALRC promotes respect for human rights in the region through the strengthening of institutions of the rule of law, notably the police, prosecution and judiciary. It also seeks to strengthen and encourage positive action on legal and human rights issues by the bar and other legal bodies and personnel, at the local and national levels and to promote rights in the region through advocacy, research and publications, such as Article 2.
CONTACTS:
Lawyers Rights Watch Canada www.lrwc.org; lrwc@portal.ca; +1 604 738 0338
Asian Legal Resource Centre Basil Fernando, Executive Director, Tel: +(852) – 2698-6339, alrc@alrc.net; www.alrc.net
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Footnotes:
1 This statement is also endorsed by Elise Groulx in her capacity as President of the International Criminal Defence Attorneys Association (ICDAA).
2 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. www.lrwc.org/documents/Pakistan.LRWC.Statement.to.UNHRC.Mar.08.doc
3 Adopted by the Seventh United Nations Congress on the Prevention of Crime and the Treatment of Offenders held at Milan from 26 August to 6 September 1985 and endorsed by General Assembly resolutions 40/32 of 29 November 1985 and 40/146 of 13 December 1985.
4 Supra,note 1.
5 Murree Declaration, para. 2, http://www.hindu.com/nic/pakistan-murree.htm
