Pakistan. Destroying Legality.
Human Rights Watch
2007, Human Rights Watch:
This report provides an analysis of the crackdown on lawyers and judges and its significance, based on interviews with eyewitnesses and victims. It is the most detailed empirical account to date of what happened during the November crackdown and ensuing events. It shows how Musharraf tried to dismantle a movement of the nation’s lawyers and judges that had been making genuine progress in putting Pakistan back on the path to democracy. In the eight months prior to the crackdown beginning November 3, the Destroying Legality 4 lawyers’ movement had done more to challenge the pillars of military rule than the political opposition had done in eight years. If not reversed, this blow against Pakistan’s legal institutions, will have long-lasting consequences for human rights and the rule of law in the country.
Abstract:
While the Pakistan security forces have long enjoyed impunity for serious abuses, the amendments to the Army Act will exacerbate the problem. First, by subjecting civilians to trial by military courts, family members of victims of military abuses will be even less willing to come forward than ever before. Secondly, the amendment to the Army Act making it retroactive to 2003 will permit the armed forces to claim as lawful the many illegal detentions for which it has been responsible in recent years. Before Musharraf dismissed Supreme Court justices and effectively took control of the Supreme Court, it was investigating some 400 cases of “disappearances.” While some of these cases concerned terrorism suspects, many involved political opponents of the government. The Supreme Court under Chief Justice Chaudhry publicly stated that it had overwhelming evidence that Pakistan’s intelligence agencies were illegally detaining terror suspects and other opponents and repeatedly urging the authorities to free such individuals or process them through the legal system. In response to pressure from the Supreme Court, scores of those who “disappeared” were freed, but threatened with re-arrest or worse if they spoke publicly of their ordeal.
Table of contents:
I. Summary
II. Methodology
III. Background
The Lawyers’ Movement for Judicial Independence
The judiciary and Musharraf
IV. Laws Used To Detain Protestors
Maintenance of Public Order Ordinance (1960)
Anti-Terrorism Act, 1997
The “Sedition Law” – Section 124-A of the Pakistan Penal Code
V. Amendments to Laws Under Emergency Rule
Ordinance LXVI of 2007 to amend the Pakistan Army Act, 1952
Ordinance LXIX of 2007 to amend the Legal Practitioners and Bar Councils
Act, 1973
Constitution (Amendment) Order, 2007 (President's Order No. 5 of 2007)
VI. Beatings, Mistreatment and Arbitrary Detention of Lawyers
Lahore
Karachi
Other cities
Leaders of the Lawyers’ Movement
VII. Judges Under Detention
Chief Justice Iftikhar Mohammad Chaudhry
Justice Rana Bhagwandas
Justice Khalilur Rehman Ramday
VIII. Conclusion
IX. Recommendations
To the Government of Pakistan
To the international community
X. Acknowledgements
Source(s):
| Language | Format | Source |
|---|---|---|
| English | PDF document | view/download |