The UN High Commissioner for Human Rights has warned that lifelong immunity would weaken 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
UN High Commissioner for Human Rights Volker Türk has warned that Pakistan’s rushed 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 has warned that lifelong immunity would erode accountability and weaken the rule of law, he said in a statement released on Friday and reported by the BBC Urdu website.
He said the latest amendment, which mirrors last year’s 26th Amendment, was adopted without extensive consultation and debate with the legal community and civil society.
Türk argued that such changes went against the principles that form the foundation of the rule of law and guarantee the protection of human rights in Pakistan.
Under the amendments approved on November 13, a new Federal Constitutional Court (FCC) was 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 guarantees the protection of human rights in Pakistan.
The systems of appointment, promotion and transfer of judges have been changed in a manner that raises serious concerns about undermining the structural independence of Pakistan’s judiciary. The first chief judge of the FCC and the first group of judges of the FCC 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 able to control or direct the judiciary, and the judiciary should be protected from any form of political influence in its decision-making process.
“An essential measure of judicial independence is the protection of the court from political interference by the government. If judges are not independent, experience shows that they struggle to apply the law equally and uphold human rights for all in the face of political pressure.”
“Immunity provisions as broad as these undermine accountability which is the cornerstone of the human rights framework and democratic control of the armed forces under the rule of law,” Türk said.
“I fear that these amendments risk having considerable consequences on the principles of democracy and the rule of law dear to the Pakistani people,” Türk added.
