Jun 13, 2014 | Advocacy, Non-legal submissions
The ICJ today delivered an oral statement on extrajudicial, summary or arbitrary executions, expressing concerns about recent and pending legislation in Pakistan on the use of firearms and other force by law enforcement officials.
The joint statement, delivered at the UN Human Rights Council during the interactive dialogue with the Special Rapporteur and on behalf also of the Human Rights Commission of Pakistan (HRCP), expressed appreciation for the Special Rapporteur’s emphasis in his study on the issue, on the need for states to bring domestic laws on the use of force by law enforcement agencies, into line with international standards.
The statement noted that it was not clear whether the Protection of Pakistan Ordinance (PPO) 2013, which is currently in force, and the proposed Protection of Pakistan Bill (PPB) 2014 currently being debated in Parliament, were provided for review.
The statement explained how the PPO and PPB contain provisions that give law enforcement agencies overbroad powers to use firearms without independent accountability, in contravention of international standards. They increase the risk of use of excessive and lethal force and arbitrary deprivation of life.
The full statement may be downloaded in PDF form: Advocacy-HRC26-SREJEs-12062014.
The Report of the Special Rapporteur is available here.
May 14, 2014 | Events, News, Position papers
The ICJ today called on the Pakistan Senate to reject a Bill that would grant the military and law enforcement authorities sweeping powers to detain individuals, in contravention of international human rights standards.
May 8, 2014 | News
The assassination of Pakistani human rights lawyer Rashid Rehman highlights the perils facing human rights defenders in the country and the government’s ongoing failure to protect them, the ICJ said today.
May 7, 2014 | News
Pakistan authorities must immediately determine the fate and whereabouts of the chairman of Baloch Student Organization-Azad (BSO-Azad), who was allegedly subject to enforced disappearance by officials of the Frontier Corps, the ICJ said today.
Mar 31, 2014 | News
The indictment of General Pervez Musharraf on charges of treason marks a milestone for Pakistan’s judiciary, which must ensure his trial fully complies with international standards, the ICJ said in a briefing paper released today.
“General Musharraf’s treason trial is unprecedented in Pakistan’s political and legal history,” said Sam Zarifi, ICJ’s Asia Director. “This is an opportunity for Pakistan’s judiciary to demonstrate that no-one is above the law and that everyone accused of an offence has the right to a trial that is, and is seen to be, impartial, independent and expeditious.”
In its briefing paper, the ICJ highlights the legal framework and political context of the high treason trial against Pakistan’s former president and army general, Pervez Musharraf, in a Question and Answer format.
The Pakistan Government has established a special court to try General Musharraf for high treason on charges relating to his allegedly unconstitutional imposition of emergency rule and unlawful dismissal of judges on 3 November 2007. Under the law, high treason is punishable by death or life imprisonment.
On Monday, 31 March, Pervez Musharraf was formally indicted on five charges. He pleaded not guilty on all charges.
“This trial marks the first time a senior Pakistani military figure could be held to account for trampling on the rule of law and human rights in the country,” Zarifi said. “General Musharraf should be facing a proper trial for the many human rights violations that took place during his rule and under his command. But this case is at least a start.”
The lead-up to the trial has been marked by confusion, including erroneous reports last week suggesting that Justice Faisal Arab had quit the three-member special court, a move that could possibly have aborted the trial.
There have been many hurdles in the proceedings so far, including General Musharraf’s health, security threats, and concerns about whether he can be guaranteed a fair trial.
Many in Pakistan are celebrating the trial as a victory of rule of law, but others have expressed reservations about the selective nature of the proceedings: General Musharraf is only being tried for imposition of emergency rule on 3 November 2007, not for the military coup through which he usurped power in October 1999.
There are also serious allegations that widespread gross violations of human rights, including enforced disappearances, extrajudicial killings and torture, were carried out by the security forces while General Musharraf was the head of State and the military, yet no case has been instituted in relation to these gross violations of human rights thus far.
“Every effort must be taken to ensure that General Musharraf’s rights as an accused are protected and that the trial complies with Pakistani and international fair trial standards. If convicted of high treason he should be sentenced to life imprisonment, rather than the death penalty.”
The ICJ considers the death penalty in all cases to constitute a violation of the right to life and the right not to be subjected to cruel, inhuman or degrading punishment.
To read the full text of the ICJ Briefing Paper, click on the following PDF file
icj pakistan – musharraf – Q&A
Contacts:
Sam Zarifi, ICJ Asia Pacific Regional Director (Bangkok), t: +66 807819002; email: sam.zarifi(a)icj.org
Reema Omer, ICJ International Legal Advisor for Pakistan (London), t: +447889565691; email: reema.omer(a)icj.org
