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.
Nepali legislators should reject problematic provisions of the proposed Truth and Reconciliation Commission (TRC) bill introduced in parliament on April 9, 2014, said Amnesty International, Human Rights Watch, and the ICJ.
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 UN Human Rights Council resolution to establish an international investigation into allegations of human rights violations and abuses committed by both sides in Sri Lanka’s civil war gives hope to tens of thousands of victims who continue to be denied truth and justice.
The ICJ emphasised the need for an international inquiry to monitor and investigate human rights violations in Sri Lanka, during discussion at the UN Human Rights Council.
The ICJ stated that an international investigation mechanism such as a Commission of Inquiry is needed in part because the Sri Lankan justice system today simply cannot be relied upon to function as an independent and impartial institution.
The UN High Commissioner for Human Rights has repeatedly expressed concern about “the continuing high levels of harassment and intimidation meted out to human rights defenders, lawyers and journalists”. Further incidents against human rights defenders occurred during the Human Rights Council session itself.
The ICJ urged the Council to establish an international independent and impartial investigation mechanism to give a glimmer of hope to victims and families, that their rights under international law to truth, justice and reparation will ultimately be upheld.
A number of delegations have jointly presented a draft resolution that would establish an international investigation with the backing of the Human Rights Council. A vote on the resolution is expected later in the week.
The full statement can be downloaded in PDF: Advocacy-UN-HRC25-SriLanka-OralStatement-26032014-rev
Video of the discussion of the report, including the ICJ oral statement, is available in the UN webcast archive.
See also:
Briefing note on independence of judges and lawyers in Sri Lanka
El Salvador: Crimes against humanity within the framework of public security policy
HRC61: Joint oral statement of The ICJ in the interactive dialogue with the Special Rapporteur on Counter-terrorism and Human Rights
A Human Rights-Based Approach to Decriminalizing Conduct Associated with Poverty and Status
HRC61: Oral statement of The ICJ in the interactive dialogue with the Special Rapporteur on the Rights of Persons with Disabilities