The Human Rights Chief said the latest constitutional amendment, like the 26thamendment last year, had been adopted without broad consultation and debate with the legal community and wider civil society. Türk warned the amendments run counter to the separation of powers that underpin the rule of law and safeguard the protection of human rights in Pakistan.
Under the changes adopted on 13 November, a new Federal Constitutional Court (FCC) has been given powers over constitutional cases, replacing the previous authority of the Supreme Court, which will now only deal with civil and criminal cases.
The systems for appointment, promotion and transfer of judges have been changed in a manner raising serious concerns about undermining the structural independence of Pakistan’s judiciary. The first Chief Justice of the FCC and the first set of FCC judges have been already assigned by the President on the advice of the Prime Minster.
“These changes, taken together, risk subjugating the judiciary to political interference and executive control,” said Türk. “Neither the executive nor legislative should be in a position to control or direct the judiciary, and the judiciary should be protected from any form of political influence in its decision-making.”
“A core measure of judicial independence is a tribunal’s insulation from political interference by the Government. If judges are not independent, experience shows that they struggle to apply the law equally and to uphold human rights for all in the face of political pressure.”The amendment also establishes lifetime immunity from criminal proceedings and arrest for the President, Field Marshall, Marshall of the Air Force and Admiral of the Fleet.“Sweeping immunity provisions like these undermine accountability which is a cornerstone of the human rights framework and democratic control of the armed forces under the rule of law,” said Türk.
“I am concerned that these amendments risk far-reaching consequences for the principles of democracy and rule of law which the Pakistani people hold dear,” added Türk.
