Feature
Pakistan: State of emergency creates human rights crisis
Hundreds of people have been arbitrarily detained including judges, lawyers, human rights activists, journalists and political party activists. Many have been charged with unlawful assembly under public order provisions, or detained without charge under preventive detention laws, including anti-terrorism laws. Others have been charged with sedition. The whereabouts of some of those detained are unknown. Many are at risk of torture and other ill-treatment ...
Human Rights Crisis in Pakistan: Overview
On November 3, 2007, General Pervez Musharraf, acting in his capacity as army chief of staff, declared a state of emergency in Pakistan. The result is a deepening human rights crisis across the country, including a violent crackdown on protests and sweeping arrests.
General Musharraf blamed militant violence in the country when he imposed emergency rule. He also accused members of the judiciary of "working at cross purposes with the executive and legislature in the fight against terrorism and extremism".
Widespread arrests
However, the emergency rule is itself a violation of both international law and Pakistan’s own Constitution. The hundreds of people caught up in sweeping arrests have included judges, lawyers, human rights activists, journalists and political party activists. Many of the early detainees were charged with unlawful assembly under public order provisions or detained without charge under preventative detention laws, including anti-terrorism laws. More recent detainees face charges of sedition. Many are at risk of torture and other ill-treatment.
Among those detained are some of the country’s most respected figures including Asma Jahangir, Chair of the Human Rights Commission of Pakistan and United Nations (UN) Special Rapporteur on freedom of religion or belief. As of mid-November, she remains under house arrest under a 90 day detention order. Her sister, Hina Jilani, the UN Secretary-General’s Special Representative on human rights defenders, is currently abroad and faces a similar detention order if she returns to Pakistan.
Civilians face military trial
On November 11, the government amended the Pakistan Army Act to allow the trial of civilians under by the military authorities on charges including treason, sedition and "statements conducive to public mischief". Publishing any materials that include comments against the imposition of the emergency could be at the risk of being taken as "public mischief". Trials by military authorities fall far short of international standards: the accused does not have full legal representation and ordinary rules of evidence do not apply.
Restrictions on freedom of expression
Freedom of speech is further under attack through restrictions on the broadcasts of independent TV and radio. Three foreign correspondents for a UK-based newspaper were also forced to leave the country after the newspaper published an editorial critical of General Musharraf. A new press law carries penalties of three to four years imprisonment and heavy fines.
A continuing crisis
General Musharraf has said that the state of emergency rule will continue until general elections take place in January 2008. In the meantime, the bulk of the Constitution has been suspended, including the rights not be arbitrarily deprived of life and to be guaranteed a fair trial. General Musharraf has assumed powers to amend the Constitution without any parliamentary procedure and proclaimed a Provisional Constitutional Order (PCO). This order prohibits any court issuing an order against the President, Prime Minister or any person exercising powers under their authority. Under the order, existing members of the superior judiciary are effectively suspended until they take a new oath to uphold the PCO. The Chief Justice and a number of other judges have been dismissed.
Amnesty International fears that human rights in Pakistan are being downplayed because General Musharraf is considered to be an important ally in the so-called “war on terror”, and warns governments that turning a blind eye to massive human rights violations in Pakistan in the name of fighting terrorism will undermine both security and freedom.
Amnesty International calls on the government of Pakistan to:
- Revoke the State of Emergency and restore fundamental human rights immediately.
- Release all the judges, lawyers, journalists and human rights activists detained under the State of Emergency.
- Reinstate the independent judiciary.
- Restore justice for the people who have been subjected to enforced disappearance.
- Stop military tribunals for civilians
Amnesty International’s call to action for the international community:
- Other governments with influence on Pakistan should press for restoration of fundamental human rights.
- All states must immediately suspend all forms of security cooperation, including military assistance, until Pakistan lifts the emergency measures which violate international human rights law.
Updated: 15 November 2007