Musharraf’s
‘Restoration Of Constitution’ A Sham
By
HRW
15 December,
2007
Human Rights Watch
(New
York, December 15, 2007) – Lifting the state of emergency
will not restore real constitutional rule in Pakistan unless President
Pervez Musharraf also withdraws changes he made to the constitution
and reinstates the judiciary, Human Rights Watch said today. Musharraf
imposed a state of emergency and suspended constitutional rule on November
3, 2007 on the pretext of fighting terrorism.
The Pakistani
government has announced that Musharraf will lift the state of emergency
and restore the constitution on December 15. However, since November
3 he has illegally fired and detained senior judges, including the chief
justice of the Supreme Court, arbitrarily changed laws and amended the
constitution. These amendments serve the purpose of institutionalizing
impunity for the military’s human rights abuses and muzzling lawyers
and the media, Human Rights Watch said.
“Musharraf’s
so-called return to constitutional rule provides legal cover to laws
that muzzle the media and lawyers and gives the army a license to abuse,”
said Ali Dayan Hasan, South Asia researcher at Human Rights Watch. “A
genuine restoration of Pakistan’s constitution would require Musharraf
to return to the constitution and judiciary that existed before November
3.”
Since November
3, Musharraf has repeatedly and arbitrarily amended the constitution
to enshrine the legality of various laws and provide himself and the
military blanket immunity for all actions taken during emergency rule.
The executive order to amend the constitution includes a number of amendments
that would normally require a two-thirds majority in parliament to become
law. Among them, Musharraf has withdrawn from Pakistan’s courts
the power to review all governmental actions for which he, his government
or the military may be responsible, since the imposition of emergency
rule on November 3.
Human Rights
Watch noted that Musharraf has made arbitrary changes to Pakistani laws
that impose serious restrictions on individual rights and will fuel
human rights abuses. The changes are permanent, and will not be lifted
when the constitution is restored.
For example,
under an amendment to the 1952 Army Act, the military can now try civilians
for a wide range of offenses previously under the country’s judiciary,
including charges as vague as causing “public mischief.”
Hearings before special military courts to try civilians will not be
public, investigations will be conducted by military officers, and the
standard rules of evidence and procedures for criminal trials will not
apply. The law takes effect retroactively from January 2003, in effect
giving the army immunity for detaining and “disappearing”
people and allowing the military to arrest opponents with impunity.
“The
military is Pakistan’s principal human rights abuser, yet Musharraf
has changed the law so that it can play judge, jury, and executioner,”
said Hasan.
Similarly,
the government has muzzled the media through two decrees that bar it
from printing or broadcasting “anything which defames or brings
into ridicule the head of state, or members of the armed forces, or
executive, legislative or judicial organ of the state.” Television
discussions on anything deemed to be “false or baseless”
by the regulatory authorities have also been banned. Geo TV, the country’s
largest private television network, remains off the air in Pakistan,
and the media have been prohibited from any live broadcasts related
to the upcoming elections or call-ins by viewers.
Another decree
has ended the independence of the Bar Associations and given the government
new powers to disbar lawyers involved in anti-government activities.
It also empowers the Supreme Court and the High Courts, now stacked
with weak political appointees under Musharraf’s control, to disbar
lawyers.
“Lawyers
led the movement to restore constitutional rule and emerged as Musharraf’s
most formidable opponents,” said Hasan. “This is a despicable
attempt to end political opposition by threatening the livelihoods of
government critics.”
Musharraf
introduced a host of new constitutional amendments on December 14 to
keep him in power and remove challenges to his presidency. In addition
to changing procedures for the election of the president, the December
14 amendment decree also formalizes the ouster of judges deposed by
Musharraf on November 3, stating that they will “cease to hold
office” from that date.
Human Rights
Watch emphasized that the Pakistani constitution does not allow the
government to fire or forcibly retire judges of the Supreme Court and
high courts. Deposed judges remain in detention, including the Supreme
Court Chief Justice Iftikhar Mohammad Chaudhry, who is being held under
house arrest along with his family.
Human Rights
Watch called upon the United States and the United Kingdom, as Musharraf’s
chief international backers, to insist on a genuine return to constitutional
rule and the restoration of the judiciary in Pakistan.
“Bush
and Brown should recognize that lifting the emergency will do little
to lift the burden of abuse and oppression on Pakistan’s people.”
said Hasan. “Instead of playing along with Musharraf’s power-grab,
they should condemn his latest ploy for legitimacy.”
For more
of Human Rights Watch’s work on Pakistan, please visit:
http://www.hrw.org/doc?t=asia&c=pakist
For more
information, please contact:
In Lahore,
Ali Dayan-Hasan (English, Urdu): +92-300-842-5125 (mobile)
In New York,
Elaine Pearson (English): +1-212-216-1213; or +1-646-291-7169
In Washington,
DC, Sam Zarifi (English, Farsi, Dari): +1-202-612-4354; or +1-646-662-7750
In Washington,
DC, Tom Malinowski (English): +1-202-612-4358; or +1-202-309-3551 (mobile)
In London,
Urmi Shah (English): +44-20-7713-2788
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