FIDH draws your attention to the fact that the most basic rights such as the right to life, the interdiction of torture and slavery or servitude, the fair trial guarantees, the legal capacity of the person and the right to freedom of thought, conscience and religion cannot be derogated under any circumstances, according to the international law which defines the conditions of proclamation of the rule of emergency and its conformity with international human rights standards. The above mentioned rights, guaranteed by International Covenant on Civil and Political Rights (ICCPR), constitute a body of principles widely accepted and are therefore part of international customary law in the field of fundamental freedoms.
We note that throughout your statement, you repeatedly attacked the judiciary power and its alleged interference into actions and responsibilities of the executive. However, the Supreme Court and the judiciary in general have an essential role to play as guardians of the constitutional order and the separation of the power in order to ensure the strict respect of the constitution and of human rights and public liberties. FIDH has recently called upon you to respect the independence of the judiciary, including the lawyer’s freedom to act, under all circumstances, as the most central and indispensable feature of a democratically functioning State.
FIDH remains very worried about the fate of members of its affiliated league, the Human Rights Commission of Pakistan (HRCP) following the storming, Sunday November 4th 2007, by police officers of the HRCP head office in Lahore, where more than 55 activists were arrested and detained, including the Executive Director of HRCP Mr. A.I. Rehman and the HRCP Secretary General Iqbal Haider. All 55 human rights activists were brought before the Judicial Magistrate today, November 5th 2007 and were sent to Kot Lakhpat Jail Lahore. According to the information received, around 70 members, throughout the country, are currently either under arrest and detention in several police stations, either under house arrest. FIDH draws your attention to the house arrest order, for a period of 90 days, issued against the United Nations Special Rapporteur on freedom of thought, conscience and religion, Mrs Asma Jahangir, also President of Human Rights Commission of Pakistan. In addition, we deplore the house order issued against Mrs Hina Jilani, the United Nations Special Representative of the Secretary General on Human Rights Defenders. We request you to immediately proceed to lifting those measures and avoid any further action of repression and harassment against human rights defenders, lawyers, journalists, other activists and members of political parties.
Furthermore, FIDH remains worried about the arbitrary use of violence by police forces against demonstrators in more than three cities. Police has allegedly used tear gas and batons to break up demonstrations by lawyers protesting against the rule of emergency and has proceeded to numerous arrests and arbitrary detentions.
Mr. President, you justified your decision by the necessity to fight terrorism. Notwithstanding this motivation, we would like to remind you that any action that States undertake in the fight against terrorism must be respectful of the international legal framework and certainly not be used as an excuse to derogate constitutional and international guarantees for political motives. FIDH urges you to return, as soon as possible, to civil rule and protect and promote human rights as enshrined in Pakistan’s Constitution and in international human rights instruments. We firmly believe that the strict respect of human rights by the State of Pakistan is a prerequisite to fight any kind of extremism and political or religious fundamentalism as well as terrorism. In addition, Pakistan, as member of the United Nations Human Rights Council, should uphold the respect of fundamental rights to the highest standards. We urge, once again, the Pakistani authorities to ensure respect for human rights in accordance with the Universal Declaration of Human Rights, in all circumstances.
Sincerely,
Souhayr Belhassen
- FIDH President