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UN Warns Pakistan: Constitutional Amendment Threatens Judicial Independence

The UN's top human rights official has sounded the alarm about Pakistan's latest constitutional changes. Volker Turk says the amendment creates serious threats to judicial independence and military accountability. The new Federal Constitutional Court will handle all constitutional cases, sidelining the Supreme Court. These changes also grant lifetime immunity to top officials and allow political interference in judicial appointments.

Key Points: UN Rights Chief Warns Pakistan Amendment Hurts Judiciary

  • New Federal Constitutional Court sidelines Supreme Court's constitutional jurisdiction
  • Government-directed judicial appointments threaten judicial independence
  • Lifetime immunity granted to top officials eliminates accountability
  • Amendment passed hastily without public or legal consultation
  • Revised procedures weaken structural independence of courts
  • Measures follow pattern of last year's controversial 26th Amendment
2 min read

UN human rights chief warns Pakistan's constitutional amendment threatens judicial independence

UN human rights chief Volker Turk warns Pakistan's constitutional changes threaten judicial independence, military accountability, and democratic oversight.

"The changes, taken together, risk subjugating the judiciary to political interference and executive dominance. - Volker Turk"

Geneva, November 28

The United Nations High Commissioner for Human Rights, Volker Turk, has expressed deep alarm over Pakistan's latest constitutional amendment, saying it poses a serious challenge to the country's judicial independence, military accountability, and the overall rule of law.

In a press release, Turk said the amendment adopted hastily and without public or legal consultation follows the pattern of last year's 26th Amendment, which similarly bypassed engagement with the judiciary and civil society.

He stated that such unilateral actions go against the fundamental principle of separation of powers that underpins democracy and safeguards human rights in Pakistan.

The amendment, passed on 13 November, establishes a new Federal Constitutional Court (FCC) to handle all constitutional cases. This move effectively sidelines the Supreme Court, limiting its jurisdiction to civil and criminal matters.

According to Turk, the new court's creation, combined with government-directed judicial appointments, seriously threatens the independence and impartiality of Pakistan's judiciary.

"The changes, taken together, risk subjugating the judiciary to political interference and executive dominance," Turk said. "Judges must be free from political influence to ensure justice and equality before the law."

He also criticised the amendment's revised procedures for judicial appointments, promotions, and transfers, arguing that they weaken the structural independence of the courts.

The first Chief Justice and judges of the FCC, he noted, were directly appointed by the President on the advice of the Prime Minister, an act that compromises the judiciary's autonomy.

Particularly troubling, Turk said, is the provision granting lifetime immunity from criminal prosecution and arrest to Pakistan's top officials, including the President, Field Marshal, Marshal of the Air Force, and Admiral of the Fleet. Such measures, he warned, eliminate any prospect of accountability for those in power.

"These sweeping immunity clauses erode the foundation of democratic oversight and human rights," Turk said, warning that the amendments could have "far-reaching consequences" for Pakistan's democratic framework.

He urged Pakistan's government to reconsider the legislation, emphasising that respect for judicial independence and the rule of law is essential to uphold the rights and freedoms of all citizens.

- ANI

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Reader Comments

R
Rohit P
While we have our differences with Pakistan, judicial independence is fundamental to any democracy. Hope the international community continues to speak up for democratic values in the region. Our Supreme Court's independence is something we should never take for granted.
A
Arjun K
Creating a parallel constitutional court just to sideline the Supreme Court? This reminds me of emergency-era tactics. The military immunity part is especially worrying for regional stability. Hope Pakistan's civil society can push back against this. 🙏
S
Sarah B
While I agree with the UN's concerns about judicial independence, we should also reflect on our own institutions. Sometimes we're quick to criticize neighbors while ignoring similar tendencies closer to home. Let's use this as an opportunity to strengthen all South Asian democracies.
V
Vikram M
The pattern is clear - weakening institutions to consolidate power. As someone who follows regional politics closely, this move will have consequences beyond Pakistan's borders. The military's growing influence in constitutional matters is never a good sign for any democracy.
M
Michael C
Lifetime immunity from prosecution? That's a recipe for authoritarianism. Ordinary citizens in Pakistan deserve better - they need strong institutions that can hold power accountable, not protect the powerful. The UN is right to raise these concerns.

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