Paris, 8 January, 2002

Dear Mr. President,

The FIDH is very concerned by the Anti-terrorist (Amendment) Ordinance 2002, taken on January 31 that reconstitute anti-terrorist courts in Pakistan by including one senior military officer as one of a three-members bench headed by a civilian judge.

Pakistan’s Anti-terrorist Court (ATC) has the jurisdiction to try cases of kidnapping, hostage taking, hijacking and inciting hatred against religious sects or ethnic groups. Cases at ATCs used to be presided over by a sessions judge: the Federal Government shall now nominate a military officer not below the rank of Lt-Co as one of the three-members team. The Anti-terrorist courts (ATC) shall function for a period up to November 30, 2002 but that period could be extended.

Being exceptional jurisdictions, anti-terrorist courts raise many serious issues such as their functioning, composition and thus their independence and impartiality. The due process of a trial requires respect for the fundamental rights of the defence and independence and impartiality of the judiciary. Obviously, these conditions are not fulfilled in this case, as the military officer’s presence will bring a bias to all the judgements. The FIDH shares this concern with the Human Rights Commission of Pakistan (HRCP), its member organisation in your country, which underlines that this decision “is another blow to the judiciary and their freedom” and fears that “the inclusion of a military officer will dilute the strength of the judiciary”.

The FIDH recalls that although it is necessary to sanction the perpetrators of sectarian violence and terrorist acts in a prompt manner, any such repression must respect the universal principles of protection of human rights and the framework of international legality.

The FIDH urges you to withdraw the provision allowing for the inclusion of a military officer within anti-terrorist courts in order to comply with provisions of international law and in particular with article 10 of the Universal Declaration of Human rights according to which “everyone is entitled in full equality to a fair and public hearing by an independent and impartial tribunal”; article 14 of the international Covenant on Civil and Political Rights, (not ratified by Pakistan) according to which “everyone shall be entitled to a fair and public hearing by a competent, independent and impartial tribunal established by law”; and principle 5 of the Basic principles on the Independence of the Judiciary: “ Everyone shall have the right to be tried by ordinary courts or tribunals using established legal procedures. Tribunals that do not use the duly established procedures of the legal process shall not be created to displace the jurisdiction belonging to the ordinary courts or judicial tribunals”.

Moreover, the FIDH calls upon the Pakistani authorities to ratify the international Covenant on Civil and Political Rights and other
international instruments.

Yours Sincerely,
Sidiki Kaba - President

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