By Anjali Sharma
UNITED NATIONS – UN High Commissioner for Human Rights Volker Türk on Friday warned that Pakistan’s latest constitutional amendment, adopted without broad consultation, undermines judicial independence and raises serious concerns about military accountability and the rule of law.
OHCHR stated that it was adopted on 13 November, the amendment creates a new Federal Constitutional Court to handle constitutional cases, effectively stripping the Supreme Court of this role.
It also overhauls judicial appointments and transfers, raising concerns over judicial independence, as the President on the Prime Minister’s advice has appointed the FCC’s first Chief Justice and judges.
Mr. Turk said “These changes, taken together, risk subjugating the judiciary to political interference and executive control”.
He said that “Neither the executive nor legislative 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.”
OHCHR reported that the amendment establishes lifetime immunity from criminal proceedings and arrest for the President, Field Marshall, Marshall of the Air Force and Admiral of the Fleet.
“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,”Mr. Turk added.
