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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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