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.
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
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
The shooting and bombing at an Islamabad Court today should be condemned as a presumed attack against the judicial officials and the independence of the judiciary in Pakistan, says the ICJ.
The attack resulted in the killing of Additional Sessions Judge Rafaqat Ahmad Khan Awan and at least ten other persons, including several lawyers.
According to reports, armed gunmen forced their way into a court complex in Islamabad, openly firing on judges and lawyers before at least two of the men blew themselves up inside the court complex.
One of the attackers detonated himself outside the door of a judge’s office, while the other targeted the office of the Lawyers’ Union President.
Another gunmen entered Judge Rafaqat Awan’s courtroom, where he shot and killed him.
“An intentional killing of a member of the judiciary can be seen as nothing other than an attack against the independence and impartiality of the judiciary as a whole,” said Sam Zarifi, ICJ Asia Pacific Regional Director.
“In addition to personal tragedy that has befallen the slain victims and their families, this attack and those like it are devastating for the people of Pakistan,” he added. “Courthouses, which should be places where justice is administered, are instead becoming slaughterhouses.”
This is the third armed attack against members of the judiciary in Pakistan in under a year. In March 2013, a judicial compound was attacked in Peshawar, killing four people.
In June 2013, a Sindh High Court judge’s convoy was attacked in Karachi, killing nine people.
As set out in the UN Principles on the Independence of the Judiciary, Pakistan must take steps to protect and ensure the safety of members of the judiciary from threats and violence from any quarter for any reason.
The Beijing Statement of Principles on the Independence of the Judiciary in the LAWASIA region further elaborates that the executive branch must at all times ensure the security and physical protection of judges and their families.
As a State party to the International Covenant on Civil and Political Rights, Pakistan is under a general obligation to ensure the safety of all persons within its territory at all times.
“If judges are under constant fear of violence from insurgent groups, they cannot function as an independent and impartial judiciary – an indispensible requirement for preserving rule of law and democracy,” Zarifi said.
The ICJ calls on the Government of Pakistan to take steps to immediately investigate and bring to justice those persons responsible for the armed attack on the Courthouse.
Contact:
Sam Zarifi, ICJ Asia-Pacific Regional Director, (Bangkok), t:+66(0) 807819002; email: sam.zarifi(a)icj.org
Reema Omer, ICJ Legal Advisor, Pakistan (London), t: +447889565691; email: reema.omer(a)icj.org
Photo credit: MYRA IQBAL
In partnership with the Human Rights Commission of Pakistan (HRCP), the ICJ conducted two-day workshops on NGO engagement with the United Nations, held in Pakistan on 18-19 and 21-22 February 2014.
The workshops, held in Lahore and Islamabad, focused on enhancing the meaningful participation of national NGOs with the UN human rights system. Participants included representatives from civil society working on a wide range of human rights issues, including enforced disappearances, education, violence against women and child rights.
Drawing from experiences of ICJ staff and participants, the workshops considered how international advocacy and engagement with the UN can benefit NGOs and addressed:
Background materials on the Universal Periodic Review: (ENG) and (URDU)
Background materials on the UN Special Procedures: (ENG) and (URDU)
Background materials on the core functions of the UN Treaty Bodies: (ENG) and (URDU)
BAckground materials on periodic reporting to the UN Treaty Bodies: (ENG) and (URDU)
Following Pakistan’s reinstation of its moratorium on the death penalty, the ICJ calls on the Government to make the moratorium permanent and to move to abolish the death penalty in national law.
“This is a step forward for human rights in Pakistan,” said Sam Zarifi, ICJ’s Asia-Pacific Director. “It brings Pakistan closer to the regional and worldwide trend towards abolishment of the death penalty.”
Pakistan has had a moratorium on the death penalty in place since June 2008, with only the exception of Muhammad Hussain’s execution in November 2012 following a court martial.
The newly elected Pakistan Muslim League (Nawaz) Government decided not to renew the moratorium when it expired in June 2013.
The ICJ and other human rights groups denounced the move and urged Pakistan to immediately adopt a moratorium on the death penalty, prompting the Government to reconsider its decision.
According to the Interior Ministry spokesperson, today’s decision was taken to meet Pakistan’s international human rights obligations.
Pakistani Taliban also warned the Government that they would launch retaliatory attacks if any of their members were executed.
“This brave move by the government should be the first step toward reestablishing the rule of law and providing accountability in Pakistan,” Zarifi added. “The Government should now ensure that members of armed groups like the Taliban who have carried out serious human rights abuses like extrajudicial executions and attacks on civilians are held to account.”
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.
Contact:
Sam Zarifi, ICJ Asia-Pacific Regional Director, (Bangkok), t:+66 807819002; email: sam.zarifi(a)icj.org
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