PAKISTAN: Brutal attacks on lawyers and it is time for parliament to act

According to reports from Karachi seven charred bodies have been recovered yesterday, the 9th April, 2008. Among them were the bodies of five lawyers including two women. In total 11 persons were killed during the violence.  These attacks are the result of a fresh unleashing of violence against the lawyer’s movement which is demanding a return to the rule of law, the independence of the judiciary by way of restoration of the judges ousted by President Musharraf in November 2007. Previously, on May 12, 2007, 42 persons were killed at in the same city of Karachi when an attack was made against the visiting Chief Justice. The people retaliated to such attacks by voting in favour of the political parties who were opposing President Musharraf. A new national assembly has been formed and the new government has promised to take corrective action to restore the rule of law and the independence of the judiciary. The parliament is expected to meet next week.

The movement of the lawyers demanding rule of law and the restoration of the judiciary is perceived by the supporters of President Musharraf as the greatest threat to the survival of the authoritarian rule lead by the president. The decisions that are being contemplated and promised by national assembly will make the possibility for opening new space for democracy, stability and rule of law. It is the active presence of the lawyer’s movement that provides the political and moral support to the democratic elements within the national assembly as they wrestle for greater recognition of the parliament and the diminishment of the powers of the president.

Among the amendments contemplated by the national assembly are amendments to the constitution in order to remove the extraordinary powers of the president to ignore the constitution, to arbitrarily dismiss the parliament and even to dismiss the country’s judiciary. Repeated introduction of provisional constitutional ordinances have played havoc within the constitutional structure in Pakistan. It has brought about anarchy in the country. In essence the absolute power of the president is the foremost threat to good governance and the rule of law. This power threatens the supremacy of the parliament. Now the parliament, backed strongly by the people, are struggling to put things right.

It is quite natural for a dictatorship threatened with the diminishment of its power to resort to various types of violence in order to create a very disturbed situation which will make it difficult for the parliament to achieve its goals. The present violence has to be seen within this larger perspective of the conflict between the parliament and the president. One of the biggest stakes in this conflict is the future of the judiciary in Pakistan.

The barbaric killing of lawyers and others needs a strong response from the people of Pakistan and the international community. There should be demands for quick and effective investigations into these incidents and strong measures to be taken to stop this violence as soon as possible. The Secretary General of the United Nations, the High Commission for Human Rights and the international democratic and human rights movements should come forward to support those who struggle for parliamentary supremacy, judicial independence and the rule of law in Pakistan.

The AHRC wishes to bring to the notice of everyone that the evolving situation within Pakistan is extremely dangerous and unless it is stopped immediately the lives of many persons may be lost within the coming four days. There may also be attacks on the new government and the democratic process which has just begun with the last few weeks. About all the lawyers and judges who are playing an active role in this situation need protection.

The AHRC also wishes to warn that provocateurs will work under these circumstances to create clashes between the forces of democracy and those who support the president, however small that support may be. It is a general tactic to use provocateurs to cause clashes in order to discredit the democratic movement and create the impression that it is no long a peaceful movement but a violent one. The leaders of the movement for lawyers and also of democratic political parties should act decisively to defeat this strategy.

Above all it is time for the parliament to act now. All delays will be exploited by those who oppose the supremacy of the parliament. Each day of delay before the restoration of the ousted judges will be utilised by the opponents of democracy. Therefore the parliament’s delay in acting is counterproductive and soon the masses which are vigorously supporting the democratic process may lose faith. The parliament must do all it can to sustain its strength and the only way to do this is to take quick decisions on the matters that the government has promised to do already.

Document Type : Statement
Document ID : AHRC-STM-091-2008
Countries : Pakistan,