The International Federation for Human Rights (FIDH) shares and echoes the deep concern expressed by its affiliated the Human Rights Commission of Pakistan (HRCP) regarding the recent developments that have eroded democracy and the rule of law in Pakistan. The deterioration of the human rights situation following the March 9, 2007 suspension of Chief Justice Iftikhar Muhammad Chaudhry represents a trend that must be reversed by your government.
FIDH reminds that an independent judiciary is one of the most central and indispensable features of a functioning state. In this regard, FIDH believes that the reference of misconduct that was filed against Chief Justice Chaudhry, along with his subsequent suspension from his post, threatens the separation of powers in Pakistan. After refusing to resign, the Chief Justice was unilaterally suspended on allegations of misconduct, in violation of the principle of separation of powers.
Freedom of expression, including freedom of press, is another essential component to a democratic society. According to the information received by the Human Rights Commission of Pakistan, a presidential decree on the restriction of electronic media broadcasts was passed on June 4, 2007, giving the Pakistan Electronic Media Regulation Authority (PEMRA) the power to close media offices, to halt broadcast transmissions, to seize broadcast equipment, to revoke licenses, and to increase fines for violations tenfold. Various sources indicate this decree was passed in order to prevent the Pakistani media from airing the ongoing judicial crisis. FIDH underlines HRCP’s welcome of your June 6 decision to suspend the PEMRA ordinance as well as its call for an open discussion involving all stakeholders must take place as soon as possible in order that the government and media owners can reach a consensus on this issue while taking the right to freedom expression duly into account. FIDH strongly urges you not to re-implement the suspended ordinance in any way.
This is particularly alarming in the context of the May 12, 2007 violence in Karachi where 30 people were killed and 70 injured during demonstrations, allegedly by supporters of the Mutahidda Qaumi Movement-which has backed your government’s decision to suspend Chief Justice Chaudhry. The declaration of the media ordinance indicates a willingness not only to suppress free speech but to exclude sensitive issues from the public scrutiny at this crucial moment. In turn, the lack of transparency corresponding to a restricted and threatened press is particularly distressing when compounded by the total impunity afforded to the perpetrators of the May 12 killings.
In addition to the violence during the demonstration in Karachi, the last two months have witnessed targeted assassinations of a journalist, Dr. Noor Hakim Khan, and a former Additional Registrar of
the Supreme Court of Pakistan, Syed Hammad Raza. Noor Hakim was a reporter for the Urdu-language daily Pakistan and vice-president of the Tribal Union of Journalists. He was killed on June 2, 2007 by the explosion of a bomb in his vehicle. Four others were also killed in the bombing,
including a government official. Noor Hakim’s death in the Bajaur agency in the tribal northwest of Pakistan has thus far not been accorded the necessary attention: Hakim was in Bajaur on the invitation of the local government and the circumstances of the bombing suggests that he was specifically targeted. Syed Hammad Raza, who had reportedly been very close to Chief Justice Chaudhry, was killed by unidentified men in his home on the night of May 14, 2007. Despite Raza’s position and the current political situation, his murder has been treated as the result of an attempted robbery by the police investigation. Accounts of the murder call this theory into question, and the government of Pakistan should make the best efforts to ensure an in-depth and fair enquiry. In both cases, the government cannot allow these killings to go unpunished. Alongside the HRCP, we emphasize that fostering an environment of impunity will encourage further targeted assassinations as a means to settling political and legal disputes.
In addition to ensuring a transparent and free press, as well as an independent judiciary, FIDH calls on you to take steps to disperse the atmosphere of impunity prevailing in Pakistan, which is completely antithetical to democracy and the rule of law. Those responsible for the May 12 violence should be subjected to independent investigations and promptly brought to justice in open and fair criminal proceedings, as is the case for the assassins of Dr. Noor Hakim Khan and Syed Hammad Raza. We urge the Pakistani authorities to ensure respect for human rights and fundamental freedoms in accordance with international human rights standards, notably the Universal Declaration of Human Rights, in all circumstances.
Respectfully,
Souhayr Belhassen
– FIDH President