ICJ derides ‘blow to judicial independence’

ISLAMABAD: The International Commission of Jurists (ICJ) has described the passage of 26th Constitutional Amendment as a blow to judicial independence, the rule of law, and human rights protection in Pakistan.

In a statement issued on Monday, the ICJ Secretary General Santiago Canton said, “These changes bring an extraordinary level of political influence over the process of judicial appointments and the judiciary’s administration.”

“They erode the judiciary’s capacity to independently and effectively function as a check against excesses by other branches of the State and protect human rights.

“It is alarming a Constitutional Amendment of great significance and public interest was passed in such a secretive manner and in less than 24 hours.

“The core principle of the rule of law and the separation of powers according to which citizens and their freely chosen representatives have the right to participate in the legislative process culminating in the adoption and enactment of laws was flagrantly violated in this case,” added Canton.

The ICJ is particularly concerned about the following changes introduced by the 26th Constitutional Amendment since they seriously undermine the independence of the judiciary by unduly subjecting it to executive and Parliamentary control. These amendments directly violate Article 14 of the International Covenant on Civil and Political Rights (ICCPR), which guarantees the right to equality before courts and tribunals and to a fair and public hearing by a competent, independent and impartial tribunal established by law. Article 10A of Pakistan’s Constitution also recognizes the right to a fair trial.

“The ICJ understands that some reforms to the existing judicial system may have been needed to make the courts more efficient and accountable, and the judicial appointment process more transparent and inclusive,” said Santiago Canton.

“But these amendments are an attempt to subjugate the judiciary and bring it under the control of the executive, betraying fundamental principles of the rule of law, separation of powers and the independence of the judiciary,” he added.