United Nations human rights chief warned that lifetime immunity would erode accountability and weaken the rule of law
United Nations High Commissioner for Human Rights Volker Turk attends a press conference in Geneva, Switzerland. PHOTO: REUTERS
United Nations High Commissioner for Human Rights Volker Türk has warned that Pakistan’s hasty constitutional amendments “seriously undermine judicial independence and raise serious concerns about accountability and respect for the rule of law.”
The United Nations human rights chief warned that lifetime immunity would erode accountability and weaken the rule of law, he said in a statement issued Friday and reported by the BBC’s Urdu website.
He said the latest amendment, which mirrors last year’s 26th Amendment, was passed without thorough consultation or debate with the legal fraternity and civil society.
Türk argued that such changes go against the principles that form the basis of the rule of law and ensure the protection of human rights in Pakistan.
Under the amendments approved on 13 November, a new Federal Constitutional Court (FCC) has been given exclusive jurisdiction over constitutional matters, powers previously held by the Supreme Court.
Türk warned that the amendments go against the separation of powers that underpins the rule of law and safeguards the protection of human rights in Pakistan.
The systems of appointment, promotion and transfer of judges have been modified in a manner that raises serious concerns that the structural independence of Pakistan’s judiciary will be undermined. The first FCC Chief Justice and the first set of FCC judges have already been appointed by the President on the advice of the Prime Minister.
“These changes, taken together, risk subjecting the judiciary to political interference and executive control,” Türk said.
“Neither the executive nor the legislature 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 fundamental measure of judicial independence is the isolation of a court from political interference by the Government. If judges are not independent, experience shows that they have difficulty applying the law equally and defending the human rights of all in the face of political pressure.”
“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,” Türk said.
“I am concerned that these amendments could have far-reaching consequences for the principles of democracy and rule of law that the Pakistani people hold dear,” Türk added.
