The Observatory for the Protection of Human Rights Defenders
(FIDH - OMCT)
Geneva-Paris, March 7, 2008. Preliminary findings of a fact-finding
mission by the Observatory for the Protection of Human Rights Defenders
(a joint programme of the International Federation for Human Rights -
FIDH and the World Organisation against Torture - OMCT) on the attacks
against the independence of the judiciary, the situation of human rights
and of human rights defenders in Pakistan.
March 9, 2008, will mark the anniversary of an unprecedented historical
movement of popular mobilisation against the attacks by the Executive on
the Judiciary in Pakistan.
On March 9, 2007, the President of the Supreme Court, Iftikhar Mohammad
Chaudhry, was dismissed by President Pervez Musharraf, notably because
he had asked the Executive to produce disappeared persons as well as
making public the charges against them. This arbitrary dismissal
violating the Constitution provoked a large movement of protest, led by
judges, lawyers and civil society, who were asking for the respect of
the independence of the Judiciary, guardian of fundamental rights.
Following this huge mobilisation, the highest magistrate in the country
was reinstated in his functions in July 2007. However, on November 3,
2007, he refused to take oath under the Provisional Constitutional Order
(PCO) decreed by President Musharraf and modifying the Constitution. He
was subsequently put under house arrest. Today, Chief Justice Chaudhry
and his family are still under arbitrary house arrest. 59 other judges
were dismissed for having refused to take oath under the PCO.
The state of emergency, the increasing number of arbitrary arrests since
November 3, 2007, and the repressive policy carried out by Pervez
Musharraf did not intimidate the Pakistani people. The parties in power
lost the legislative election of February 18, 2008, which illustrates
the people’s aspiration for democracy, human rights and the rule of law.
The mission, carried out by the Observatory for the Protection of Human
Rights Defenders from February 24 to March 3, 2008, confirms that the
situation of human rights and of human rights defenders in the country
has seriously deteriorated over the past years: systematic enforced
disappearances, generalised attacks against civilian population during
popular gatherings, or during military operations, repression of
movements seeking recognition of their identity, in particular in
Baluchistan, deterioration of the condition of women, discrimination
against religious minorities, restrictions to the freedom of the media,
persecutions, summary and arbitrary arrests of human rights defenders
are among the most flagrant human rights violations that the mission
documented.
Many of those attacks are committed under the guise of the fight against
terrorism, with the active support of the United States. The
interference of this foreign power in Pakistan contributes in a
significant way to the deterioration of human rights in the region.
In view of this situation, the Observatory requests to:
* Immediately release Chief Justice Chaudry and his family;
* Reinstate in their functions the judges dismissed;
* Guarantee, in all circumstances, the physical and psychological
integrity of all Pakistani human rights defenders and put an end
to any kind of intimidation against them;
* Respect the independence of the judiciary, guardian of individual
freedoms and fundamental rights.
Finally, the Observatory calls upon the authorities stemming from the
elections of February 18, 2008 to work for the instauration of the rule
of law in Pakistan, and in particular through:
* Human rights protection;
* Respect of the mission of human rights defenders, in conformity
with the United Nations Declaration on Human Rights Defenders;
* Non discrimination, notably based on gender or the religion;
* Freedom of expression.