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CHINA
N.W.FP IR
•
o Peshawar
_- ,t
Islamabadii I
I
Rawalpindi •4:•4",
Gutranwala
• •
• Dera Ismail Khan
•
Lahore
PUNJAB
• •
Quetta Multan
BALUCHISTAN INDIA
IRAN
ARABIAN SEA
N.W.F p:NORTH -WEST FRONTIER PROVINCEontents
THE ISLAMICREPUBLICOF PAKISTAN
HUMANRIGHTS CONCERNS 1
INTRODUCTION 2
1. RECOMMENDATIONS 3
POLITICAL AND CONSTITUTIONALDEVELOPMENTS 8
1947 to 1977 8
After July 1977 9
THE EROSION OF FUNDAMENTALRIGHTS 11
The legality of martial law 11
Constitutional amendments since July 1977 12
The Provisional Constitution Order 1981 13
"The power of the courts has been snatched The judiciary 14
away and there is no door left for legal shelter
and protection." (From a letter written to POLITICAL IMPRISONMENT 16
Amnesty International in May 1981). Scope 17
Arrests since July 1977 17
1981 20
Arbitrary arrests 23
Incommunicado detention 25
The suspension of habeas corpus 26
S. THE LAWS 28
Detention without trial 28
Political activities banned 28
Military Courts 29
Secret trials 31
6. TORTURE, FLOGGING, AMPUTATIONAND STONINGTO DEATH 32
Deaths in custody 35
Flogging 37
Amputations 40
Stoning to death 41
THE DEATH PENALTY 42
Offences carrying the death penalty 42
Numbers 43
Lack of safeguards 44
APPENDIX 1: Detention without trial: three cases 46
APPENDIX2: Floggingsfor political offences 48
APPENDIX3: Sentences of amputation 51
AMNESTYINTERNATIONAL—AWORLDWIDECAMPAIGN 52
An international effort 52
The mandate 53
Amnesty International at work 53
Continuous research 53
A permanent campaign 54
Policy and funds 54
The boundaries on the cover map reflect those normally shown on international OTHER AMNESTYINTERNATIONALREPORTS 55
maps in 1981.
Amnesty International takes no position on territorial disputes.The Islamic Republic of Pakistan
u an ri ts concerns
Amnesty International has noted a steady sentenced to imprisonment and flogging for
nt. It had two win gs: We st deterioration in respect for human rights in non-violent political activities which Amnesty
Pakistan was created in 1947 as a sep ara te sta te for the Mu slim s of the sub con tine
ista n bec am e the ind epe nde nt sta te of Ba ngl ade sh. Pak ista n Pakistan, particularly since the beginning of International believes amount to no more than
Pakistan and East Pakistan. In 197 1 Eas t Pak
squ are kilo me tres and has an est ima ted pop ula tion of 77. 9 mil lion . Islam is the 1981. The powers and independence of the the peaceful exercise of the rights to freedom
covers an area of 803,943
state religion and some 97 per cent of the pop ula tion are Mu slim . (Th is exc lud es the dis put ed are a of judiciary have been further eroded under the of opinion, expression and association
Kashmir. The part held by Pakistan, the re cal led Az ad- Ka shm ir, has an are a of 83, 807 squ are kilo me tres
military government The ability of the civilian guaranteed to all citizens by the Universal
pop ula tion of mo re tha n one mil lion . Fig ure s dat e fro m 1 Jan uar y 197 9.) Declaration of Human Rights, and in Articles
and an estimated courts to enforce and protect human rights has
luc his tan and the North We st Fro ntier been progressively restricted by a series of 17 and 19 of the Pakistan Constitution itself.
Pakistan is a federation of four provin ces : Pun jab , Sin d, Ba
Province. Each has its own distinctive eth nic , ling uis tic and cul tur al ide ntit y. Fif ty sev en per cen t of the martial law provisions and constitutional
wh ich is the mo st dev elo ped pro vin ce eco nom ically, and fro m wh ich the amendments, culminating in the 24 March Political prisoners are tried by military
population live in the Punjab
Pakistan armed forces have traditionally been recruited. 1981 Provisional Constitution Order. This courts, without the right to appeal to a court of
grants the President power to change the law or the right to defence by a lawyer. The
con cen trat ed in We st Pak ista n,
After the partition from India in 194 7, pol itic al and mil itar y pow er wa s
constitution at will — it effectively annuls the procedures in such courts fall far short of
live d in the sm alle r win g, Eas t Pak ista n. Th ere , the Aw am i Lea gue
although the majority of the pop ula tion
pro vin cia l aut ono my for wh ich it 1973 constitution which guaranteed internationally accepted standards for a fair
led by Sheikh Mujibur Ra hm an cam pai gne d on a pro gra m of inc rea sed
197 0. in the firs t gen era l ele ctio n hel d on the bas is of uni ver sal fundamental rights to Pakistan's citizens. It trial, as laid down, for example, in the
obtained massive suppor t. In De cem ber
gue wo n 160 of the 162 sea ts res erv ed for Eas t Pak ista n and obt ain ed an abs olu te marks the end of an independent judiciary and International Covenant on Civil and Political
suffrage, the Awami Lea
majority in the National Assem bly , giv ing it the rig ht to for m the cen tral gov ern me nt. In We st Pak ista n the
removes the long-established supervisory Rights. Trials of political prisoners have also
me d in 196 7 on a soc iali st pro gra m, wo n a sub sta ntia l ma jor ity of the been held in camera, inside prison.
Pakistan People's Party (PPP), for n powers of the Supreme and High Courts to
mo st pop ulo us pro vin ces of Sin d and the Pun jab . Th e Aw am i Lea gue 's ele ctio
seats, especially in the two enforce respect for human rights. In taking
r the Pak ista n arm y inte rve ned in the
victory increased political tension, and on 26 Ma rch 197 1, one day afte Particularly since the beginning of 1981
East, Sheikh Mujibur Rahman proclaime d the ind epe nde nce of Ba ngl ade sh. A bitt er civ il wa r res ulte d, these steps, the government has consistently
Amnesty International has received a growing
which led, after India's mil itar y inte rve ntio n, to the sep ara tion of Eas t and We st Pak ista n. Th ese eve nts ignored the directives set by the Supreme
gre ate r reg ion al aut ono my , in number of reports that political prisoners are
have increased the federal government's sen siti vity abo ut dem and s for Court in its November 1977 judgment which
particular from Baluchistan and the North West Frontier Province. being held incommunicado, and substantial
imposed conditions on the legality of the
evidence has emerged that prisoners are being
CE NT O government
Pakistan became a memb er of the non -ali gne d mo vem ent in 197 9 fol low ing its wit hdr aw al fro m tortured systematically. Between January
pan t in the Isla mic Co nfe ren ce, and Thousands of political prisoners have been
(Central Treaty Organizat ion ) in Ma rch tha t yea r. It is an act ive par tici 1980 and August 1981 at least 10 people,
maintains close links with most Islamic sta tes in the Mi ddl e Eas t, not abl y Sau di Ara bia . It has als o held under martial law, most considered by including three political prisoners, died in
developed close economic and political rela tion s wit h Ch ina . Sin ce ind epe nde nce Pak ista n has fou ght thr ee Amnesty International to be prisoners of police custody, allegedly as a result of torture
e imp rov ed, the y rem ain sen siti ve. Re lati ons wit h
wars with neighbouring Ind ia, and alth oug h rela tion s hav conscience, imprisoned for expressing their
Pakistan's other neighbour , Afg han ista n, bec am e inc rea sin gly stra ine d afte r the Sov iet mil itar y inte rve ntio n in and ill-treatment.
Afg han ref uge es has add ed to Pak ista n's pol itic al beliefs. All major political parties are
December 1979, and the inf lux of we ll ove r one mil lion
nuc lea r pro gra m pro mp ted the Un ited Sta tes to cut off dev elo pm ent aid proscribed and all political and trade union Hundreds of people have been executed
problems. Pakistan's controversial
in 1979, but a military and eco nom ic aid pac kag e wo rth 3.2 bill ion dol lars wa s acc ept ed by the Pak ista n activity is banned. Under martial law arbitrary each year, and the President has turned down
Government in September 198 1, con firm ing the rec ent rap pro che me nt in rela tion s bet we en Pak istan and arrest and detention have been widely used, every single petition for clemency presented to
the United States. and since the March 1981 Provisional him. Most of those sentenced to death were
Constitution Order was passed political tried by military tribunals, and in many cases
prisoners have lost the protection of the right the prisoners were executed without even
to habeas corpus. Critics of the government being granted the right to appeal to a higher
(and sometimes their relatives) have been court. Among those executed in 1981 were
arrested without warrant, without being two political prisoners.
informed of the grounds for arrest, and often
their families have not even been told where Amnesty International believes that the
they are being held. They have been detained abuses described in this report amount to a
without trial, or tried by military courts using consistent pattern of gross violations of human
summary procedures. Many have been rights.Intro uction eco en ations
Economic, Social and Cultural Rights and the
For many years Amnesty International has On 18 March 1978 Zulfikar Ali Bhutto and Recommendations Optional Protocol to the first covenant.
sought to prevent violations of human rights four of his co-defendants were sentenced to presented to President b) Amnesty International also recommends
death after a controversial trial. Two lawyers
within its mandate in Pakistan. This report
attended the Supreme Court appeal hearing on
Zia-ul-Haq arising from the that the government introduce legislation to
reflects its efforts to secure the effective ap-
plication of international standards for the pro- behalf of Amnesty International; the Supreme 1981 Amnesty International restore fully the fundamental rights guaranteed
in the 1973 constitution, by revoking con-
tection of human rights under successive govern- Court upheld the death sentence in a split report on Pakistan stitutional amendments listed in this report
ments, and several Amnesty International dele- decision. Amnesty International publicly pre-
The military administration took power at a that curtail those rights, in particular the
gations have visited Pakistan to discuss human sented legal arguments as to why the sentence
time of serious and widespread civil disorder, March 1981 Provisional Constitution Order.
rights concerns during the last decade. should be commuted, particularly in view of the
unconvincing nature of the evidence produced in and proclaimed martial law stating that its limited
In August 1971 an Amnesty International
the trial. The former Prime Minister was executed purpose was to restore "law and order and
delegate visited Pakistan under the then military The judiciary's powers to
on 4 April 1979, his four co-defendants several normalcy" in Pakistan. However Amnesty Inter-
government From 23 April to 12 May 1976 a
delegation visited the country and met govern- months later. national believes that the measures that the protect human rights
government has taken infringe basic human
ment officials, lawyers and political prisoners In the months that followed Amnesty Inter- The powers of Pakistan's judiciary to protect
national noted a steady deterioration in the rights, contravening international human rights
under the civilian administration of Prime Minis- fundamental human rights had been eroded by
human rights situation. It wrote to President Zia- law and the 1973 Pakistan Constitution, as
ter Zulfikar Ali Bhutto. Based on the findings of previous administrations. However a series of
endorsed by the Supreme Court of Pakistan.
that mission, Amnesty International published a ul-Haq on 1 November 1979 and 26 September constitutional amendments and martial law pro-
Article 4 of the International Covenant on Civil
report outlining its concerns about human rights 1980 describing its concerns in detail and making visions passed since 1977 and culminating in the
and Political Rights provides that even in times
in May 1977: An Amnesty International further recommendations to the government. March 1981 Provisional Constitution Order has
of "public emergency which threatens the life of
Report including the Findings of a Mission to The texts of the letters were later made public. virtually ended the long-establishedindependence of
the nation and the existence of which is officially
Pakistan, 23 April-12 May 1976. However Amnesty International received no Pakistan's judiciary. (See Chapter 3.) The juris-
proclaimed" states have an absolute obligation
After the present military administration took reply and the recommendations presented to the diction of the civilian courts has been restricted
to uphold the right to life, the freedom from
power in July 1977 an Amnesty International Pakistan Government have still not been im- to an unprecedented extent by the loss of all
torture or cruel, inhuman or degrading treatment
delegation visited Pakistan in January 1978 and plemented.
or punishment, the right not to be tried under powers to review military court proceedings and
discussed measures for the protection of human Reports of serious human rights violations retroactive law, and the right to freedom of executive actions. Pakistan's Supreme Court
rights with General (later President) Zia-ul- reached Amnesty International with increasing and High Courts traditionally used these powers
thought, conscience and religion.' Most of these
Hach and officials of his government However frequency. In May 1981 Amnesty International human rights are not upheld in Pakistan today. to enforce respect for fundamental rights. Political
the delegates were not allowed to meet former presented evidence of human rights violations in prisoners in Pakistan are no longer protected by
Prime Minister Zulfikar Ali Bhutto who was Pakistan to the United Nations, noting the the right to habeas corpus, in contravention of
then in Lahore Jail on trial before the Lahore deterioration since the beginning of the year.
International Human the guarantees in Article 9 of the International
High Court on charges of conspiracy to murder a
Considering the persistent and serious nature
Rights Instruments Covenant on Civil and Political Rights. Nor can
political opponent. After its mission Amnesty
International made a number of recommendations of these human rights abuses, Amnesty Inter- The United Nations has repeatedly called upon I Article 4, paragraph 2 of the covenant states: "No derogation
to the government. However it did not receive a national has compiled a report for presentation all governments to ratify the international covenants from Articles 6,7,8 (paragraphs 1 and 2), I I, 15,16 and 18 may
be made under this provision".
reply and the first public executions in Pakistan to the Pakistan Government by its Secretary on human rights.2 Within Asia regional non- of 1966, and
were reported in March 1978. These develop- General with an urgent request to halt human governmental organizations have endorsed this
2 UN General Assembly Resolution 2200 ( AIXXI)
reaffirmed in subsequent resolutions.
ments prompted Amnesty International to pub- rights violations and to take immediate steps to cal1.3 In order to secure the effective protectiOn 3 The 6th Lawasia Conference, meeting in Colombo from 27 to 30
lish the findings of its 1978 mission: Short protect the human rights of Pakistani citizens. To of human rights in Pakistan, August 1979, reiterated "the validity and applicability of the
Report of an Amnesty International Mission to this end, Amnesty International respectfully Universal Declaration of Human Rights to all people within the
submits a set of recommendations to the Pakistan 1 a) Amnesty International recommends that Lawasia region". It urged: "the ratification of the International
the Islamic Republic of Pakistan, 20-25 Januacy Covenants relating to Human Rights by governments within the
Government. the Pakistan Government accede to the In- Lawasia region, and to move towards adherence to the UN
1978.
ternational Covenant on Civil and Political instruments in the field of Human Rights including those con-
cerning law enforcement and refugees".
Rights and the International Covenant on4 PAKISTAN PAKISTAN 5
the courts grant them bail or other forms of behalf of a prisoner. The government rarely Since 1977 the powers of the military courts in Torture and cruel, inhuman
interim relief as they had previously under Article publishes any information on the arrest or release Pakistan have been widely extended at the
199 of the constitution. The courts can no longer of political detainees. expense of the civilian judiciary. Military courts
or degrading treatment
hear appeals from political prisoners challenging Amnesty International believes that the wide- now have almost exclusive powers to try civilians, Amnesty International has described allegations of
the legality of their detention, or of their trial or spread practice of arrest, release and rearrest including political prisoners, for offences punish- torture and ill-treatment under previous ad-
conviction by a military tribunal. So political without legal safeguards amounts to a pattern of able under martial law and the penal code. Such ministrations in its earlier reports. In the last
prisoners no longer have any legal redress against arbitrary arrest and detention in contravention of trials arc by their nature summary: the evidence three years Amnesty International has received
human rights abuses. The 1981 Provisional Article 9 of the International Covenant on Civil need not be taken down in full, summary military reports of torture citing both the police and, with
Constitution Order has facilitated further human and Political Rights. ( See Chapters 4 and 5.) courts do not allow the right to defence by a increasing frequency, the army. Serious com-
rights violations: at least two political prisoners lawyer, and courts are composed of military plaints have come from all over Pakistan. They
3. a) Amnesty International recommends that
were executed shortly after its promulgation. judges who are not members of the Bar. They are include allegations that prisoners have been
the government review current detention prac-
The right to habeas corpus protected by an career army officers and cannot be considered beaten on the soles of the feet and other parts of
tices with a view to releasing immediately all
independent judiciary is a basic legal safeguard. independent judges within the meaning of Article the body for long periods, that prisoners have
prisoners of conscience against whom there is
Its suspension has, in Amnesty International's 10 of the Universal Declaration of Human been hung upside down, burned with cigarettes,
no prima facie evidence of criminal activity. It
experience, often facilitated grave human rights Rights. Military courts pass sentences on given electric shocks, suffered sensory deprivation
recommends that all prisoners detained simply
violations. political prisoners without having to give a and been threatened with execution. ( See Chap-
for the non-violent exercise of their human
reasoned judgment and convicted prisoners are ter 6.) Both the Pakistani and the international
2. Amnesty International therefore recom- rights, including those named in this report, be
denied any appeal to a court of law. Some trials press have reported such instances. Amnesty
mends that the government take immediate set free. This could be implemented by the
have been held in camera, inside prison. ( See International has itself examined several pri-
steps to restore the independenceof the judiciary declaration of a general amnesty for political
Chapters 5 and 6.) soners released during the last three years who
in Pakistan. It recommends that its full powers prisoners in Pakistan.
to protect and enforce respect for human A mnesty International also recommends Amnesty International reiterates its belief that alleged that they were tortured, and gave detailed
rights, as originally provided in Article 199 of political prisoners who are civilians should be descriptions of their treatment. It has also re-
that the government introduce legislation re-
the constitution, be completely restored by tried before the ordinary courts of law, in the ceived documented evidence, in the form of
voking laws allowing preventive detention of
revoking the relevant constitutional amend- open, by an independent judiciary, and with the signed statements, containing allegations of tor-
political prisoners as specified in this report,
ments listed in this report, including the Con- including Martial Law Order 78 (incorporating protection of full legal safeguards to ensure a fair ture which are consistent and which are the more
stitution ( Second Amendment) Order of 1979, trial. Article 14 of the International Covenant on authoritative as the prisoners concerned were
Martial Law Order 12) and the Maintenance
Presidential Order No. 1 of 1980 and the 24 Civil and Political Rights and Article 10 of the held in incommunicado detention. In Amnesty
of Public Order Ordinance.
March 1981 Provisional Constitution Order, Universal Declaration of Human Rights lay International's experience ill-treatment and tor-
Amnesty International recommends that down internationally accepted standards. Cur- ture are facilitated when political prisoners are
as well as accompanying martial law in-
until preventive detention is abolished, the rent practice in Pakistan falls far short of these held incommunicado. In recent years, the torture
struments, including Martial Law Order 77.
government regularly publish in the press the international human rights standards (see Chap- of women political prisoners has been reported
names of individual political prisoners arrested ter 5). for the first time. At least 10 prisoners died in
or released, and that in all cases relatives be custody between January 1980 and August
Arrest and Detention informed immediately of the arrest of the 4. a) Amnesty International recommends that 1981, allegedly as a result of torture; three were
Detention without trial is part of the constitutional prisoner and of the place of detention. the government review martial law legislation political prisoners.
framework in Pakistan and the Maintenance of which inhibits the peaceful exercise of fun- Amnesty International concludes that there is
Public Order Ordinance and martial law orders damental rights. It recommends that the govern- evidence that torture is practised systematically
allow for preventive detention in broadly defined Trials of political prisoners ment introduce legislation to revoke such in Pakistan.
terms, without the legal safeguards applicable in martial law provisions, including Martial Law
ordinary law. When Martial Law Order 12 was Martial law provisions prohibit normal political Regulations 4, 5, 13, 18 and 33 and other Torture is prohibited in Article 5 of the
replaced by Martial Law Order 78 political activity and seriously curb fundamental rights. provisions listed in this report which curb the Universal Declaration of Human Rights and
prisoners no longer had to be informed of the Martial Law Regulations 4, 5, 13, 18 and 33 fundamental rights of Pakistani citizens. Article 7 of the International Covenant on C ivil
grounds for their detention. No judicial review of have often been used by the government to arrest and Political Rights. A rticle 3 of the UN Dec-
the legality of detention was allowed, and this and try political opponents for acts which Am- b) Amnesty International also recommends laration on the Protection of All Persons from
report describes a pattern of arbitrary arrest nesty International believes are no more than the that measures be taken to end the practice of Torture and Other C ruel, Inhuman or Degrading
without warrant of political prisoners. Many peaceful expression of the right to freedom of trying political prisoners before military courts, Treatment or Punishment contains an absolute
were not told why they were detained, and some opinion, of conscience, of peaceful assembly and and to guarantee internationally agreed legal prohibitionof torture: "Exceptional circumstances
were held incommunicado. In many cases their association.These are rights guaranteed in Articles safeguards to ensure a fair and open trial by an such as a state of war or a threat of war, internal
families were not informed of the grounds for 18, 19, 21 and 22 of the International Covenant independent court to all political prisoners in political instability or any other public emergency
arrest, nor where the prisoners was held. Rela- on Civil and Political Rights, and also pro- Pakistan: including access to a chosen lawyer may not be invoked as a justification of torture or
tives have been arrested if the wanted person claimed in the Universal Declaration of Human at all stages, and the right to appeal to a higher other cruel, inhuman or degrading treatment or
could not be found, or if they took legal action on Rights and the Pakistan Constitution itself. independent tribunal. punishment". Torture is also prohibited in Article7
PAKISTAN PAKISTAN
6
executions since the present government as- 3 of the same declaration.
14(7) of the Pakistan Constitution, and in Is- flogged under the penal code and under Islamic
sumed office. On I March 1979 President Zia- The UN General Assembly has affirmed that
lamic human rights declarations.4 law. This report lists 192 political prisoners
ul-Haq reportedly said that "nearly 400 people "the main objective to be pursued in the field of
sentenced by military courts since July 1977 to
5. a) Amnesty Internationalrecommendsthat have been hanged in Pakistan during the last 18 capital punishment is that of progressively res-
flogging merely for participating in ordinary
the government take effective steps in line with months". In late 1981, 1,250 prisoners were tricting the number of offences for which the
political activities; in the first six months of 1981
international human rights standards to abolish held under sentence of death in the Punjab alone. death penalty may be imposed with a view to the
at least 30 people were sentenced to be flogged
torture and other forms of cruel, inhuman or According to reports compiled from the Pakistan desirability of abolishing the punishment" ( UN
for political offences. Among those sentenced to
degrading treatment or punishment and to press, half the death sentences passed in 1981 General Assembly Resolution 32/61 of 8 De-
floggingwere two women, a 15-year-old boy and
prevent its occurrence; the government should were imposed on civilians by military courts. cember 1977).
a prisoner who had just been discharged from
undertake full and impartial investigations using summary procedures with no provision for Deeply concerned about the wide and growing
hospital.
into the allegations of torture mentioned in appeal. All petitions for clemency have been use of the death penalty in Pakistan,
Amputation and stoning to death have been
Chapter 6 of this report; if it is established that imposed as punishments under Islamic law, but turned down by President Zia-ul-Haq, and among
torture has taken place, the government should Amnesty International does not know of either of those recently executed were two political pri- 7. AmnestyInternationalcallsupon the govern-
take appropriate measures in line with Article soners, and one young man only 18 years old. ment to halt all executions with a view to
these punishments being carried out The Federal
10 of the UN declaration against torture to They were executed shortly after the promul- abolishing the death penalty in Pakistan. Am-
Sharra Court, the highest Islamic court in nesty International urges the government to
establish criminal responsibility. Pakistan, has ruled that the punishment of stoning gation of the March 1981 Provisional Con-
stitution Order, which declared void High Court provide immediately the necessary minimum
to death, as introduced under a 1979 presidential
Amnesty International urges the government to orders staying the executions. legal safeguards recognized in international
ordinance, is " repugnant to the injunctions of
consider implementing measures to prevent tor- Amnesty International considers the death human rights law to ensure a fair trial to all
Islam".
ture which it outlined in 1976 to the previous Amnesty International is particularly con- penalty to be "cruel, inhuman and degrading people charged with capital offences and to
government, and which have not yet been acted punishment" as defined in Article 5 of the restore at once the full powers of judicial
cerned about the use of flogging to punish
upon: Universal Declaration of Human Rights and a review to Pakistan's judiciary so as to prevent
political dissent. Amnesty International con-
violation of the right to life guaranteed in Article possible miscarriages of justice.
siders flogging, amputation and stoning to death
"That the government make legal provisions to be forms of "cruel, inhuman or degrading
for any person who has been arrested to be punishment" as prohibited in Article 5 of the
permitted immediate access to a lawyer, that Universal Declaration of Human Rights and
members of the family should be notified of Article 3 of the UN declaration against torture.
the arrest and should be allowed access to the
prisoner within 48 hours of the arrest, and that 6) Amnesty International recommends that
visits should continue, regularly throughout the governmentabolish immediatelythe punish-
the detention period. We would also recom- ments of flogging, amputation and stoning to
mend that impartial investigation procedures death.
be instituted to deal with complaints of police
excesses and allegations of ill-treatment In
order to ensure its independence, the in-
Death Penalty
vestigating body should be composed of High The death penalty is imposed in Pakistan for an
Court judges." increasingly wide range of offences under the
b) Amnesty International recommends that Pakistan Penal Code, martial law regulations,
the government institute immediately a full and Islamic law, and can be used to punish
and impartial investigation into all allegations several offences which are not crimes against the
of death in government custody as a result of person. Hundreds of civilians have been executed
torture mentioned in this report, publish the each year by hanging, many sentenced by military
findings of these investigations in full, and courts. Official statistics and unofficial sources
ensure that relatives and their lawyers are confirm a sharp increase in the number of
allowed access to post mortem examinations 4 For example The Universal Islamic Declaration of Human
in all cases. Rights, based on the Quran, was proclaimed on 19 September
1981 at the international conference on human rights and Islam
convened by the Islamic Council of Europe at UNESCO
(United Nations Educational, Scientific and Cultural
Floggings, Amputations Organization) in Paris. Article 7 proclaims: "No person shall
be subjected to torture in mind or body, or degraded, or
and Stoning to Death threatened with injury either to himself or to anyone related to
or held dear by him, or forcibly made to confess to the
Under martial law any political activity may be commission of a crime, or forced to consent to any act which is
punished by flogging. People have also been injurious to his interests".9
PAKISTAN
their lives in accordance with the principles and whose political base was in Pakistan's two
concepts of Islam (part IX, Articles 227-231). It western-most provinces, Baluchistan and North
establishes a federal parliamentary system of West Frontier Province. The party's political
government with four units but with a strong program called for a greater degree of provincial
oliti c a l a n c o n s ti tu ti o n a l central government and two houses of par-
liament (parts III-V, Articles 41-159). It also
autonomy. In 1973 the Baluchistan provincial
government, led by the NAP, was dismissed.
There followed armed rebellion in the two western
evelo ents provides for an independent judiciary (part III,
Articles 175-212). The fundamental rights guaran- provinces and the federal government banned
teed by the constitution are set out in part II, the NAP in 1975. An Amnesty International
Shortly before, in March 1962, the second Articles 8-28. They include freedom of move- observer attended the trial of 55 NAP leaders
1947 to 1977 constitution was promulgated providing for a ment, assembly, association and speech, safe- before a special court inside Hyderabad Central
presidential form of government under a system guards against unlawful arrest and detention, Jail; Amnesty International'scriticalobservationsof
When the Islamic Republic of Pakistan was that trial are contained in the 1977 report. In
of "Basic Democracies". Political power was and prohibit torture.
created in 1947, the Muslim League (founded in 1975 the National Democratic Party was for-
1906) was the only political party of the Muslims heavily concentrated in the central executive and In November 1971, before the constitution
although political parties were allowed to ftinction, was adopted, a state of emergency had been med, claiming the political allegiance of the
of the subcontinent: its main platform was the former leadership of the banned NAP.
demand for an independent Muslim state. Having their activities were severely restricted. declared at the start of the Bangladesh war. It
C ivil disturbances led by students and Islamic was in force when the new constitution was In March 1977 general elections were held
achieved this in 1947, opposition to the league's and the PPP was returned to power. However
policies was easily identified with opposition to religious forces marked the 10th anniversary of proclaimed, and remained in force during the
Field Marshal Ayub Khan's rule and on 25 entire PPP administration. The continuation of there were widespread allegations that the elec-
the state, particularly when voiced by political tions had been rigged. The Pakistan National
groups which had not advocated a separate March 1969 he handed over power to General the state of emergency severely limited the
A. M. Yahya Khan. Martial law was again extent to which fundamental rights could be Alliance (PNA), an alliance of nine opposition
Muslim state. Successive Pakistani governments
proclaimed, but the government announced that guaranteed. parties formed before the elections, demanded
have tended to equate opposition to their policies
it would hold general elections at an early date. Article 232 of the constitution allows funda- that Prime Minister Zulfikar Ali Bhutto resign
with opposition to the state as such, labelling it
The military defeat of the Pakistani armed forces mental rights to be suspended during periods of until fresh elections were held. The alliance's
"anti-state activity". demands were accompanied by widespread civil
Democratic political structures were slow to in East Pakistan in December 1971 and the emergency, and High Court decisions during
establishment of Bangladesh brought the end of the emergency illustrate that basic rights could disobedience and many political arrests. Martial
evolve in the new state: it was not until 1973 that
Yahya Khan's military administration and Zul- only be protected to a limited extent. The law was again invoked in April 1977 when it was
Pakistan acquired its first democratic constitution imposed on several large cities, and was lifted in
framed by a directly elected assembly. The fikar Mi Bhutto became the President (later Defence of Pakistan Rules – framed under the
Prime Minister) of Pakistan on 20 December 1971 Defence of Pakistan Ordinance – remained June 1977.
development of political parties and structures
1971. in force, and allowed detention without trial, and On 5 July 1977 the Prime Minister was
was inhibited by repeated and prolonged periods
the trial of prisoners before special tribunals and deposed in a military coup and General Moham-
of military rule: since the creation of Pakistan,
special courts applying summary procedures. Its med Zia-ul-Haq took power as the Chief Martial
martial law has been imposed six times.' Under
martial law political parties were often banned The 1973 Constitution provisions were frequently used against political Law Administrator.
and strict censorship enforced. When martial opponents of the previous government
Under the civil administration of Zulfikar Ali In its report published in May 1977 Amnesty
law was lifted, political parties were in most Bhutto. leading a PPP government, Pakistan ac-
cases allowed to resume activities but only under International described the curbs on fundamental After July 1977
quired its first democratic constitution drafted by rights then in force. A series of constitutional
considerable restrictions. Leaders and members a directly elected general assembly based on The military a 'station dismissed the cabinet
of Pakistan's political parties have frequently amendments (in particular the 1975 Fourth and
universal suffrage. Like its precursors, the Con- and disbanded the national and provincial as-
and repeatedly been harassed and imprisoned — 1976 Fifth Amendments to the constitution)
stitution of the Islamic Republic of Pakistan of semblies and the Senate. All political activity
usually being detained without trial or tried by restricted the powers of the higher judiciary to
1973 proclaims Islam as the state religion (Article was banned and martial law was imposed all
special tribunals or military courts — merely for protect the fundamental rights proclaimed in the
2). It provides for an Islamic Council whose over the country; it is still in force today. The
voicing political opinions different from those of 1973 constitution. These amendments also
main function is to encourage Muslims to order 1973 constitution was officially declared to be
the administration in power. reduced the safeguards against interference with
"in abeyance". Under the Laws (Continuance in
The first constitution of 1956 incorporated the independence of the judiciary. Amnesty
1 1953: imposed by the federal government. Force) Order, 1977, the constitution was de-
several Islamic provisions and established a -- 1958-1962: imposed by President Iskander Mirza and General International observed that "the continuation of
clared to be subject to the martial law orders and
parliamentary system of government. However ( later President) Mohammad Ayub Khan. the state of emergency has largely been respon- regulations issued by the military authorities; the
- 1969: imposed by General A. M. Yahya Khan deposing
it was short-lived, being abrogated on 27 October President Ayub Khan.
sible for a serious erosion of fundamental fundamental rights conferred by the constitution
1958 when martial law was declared by General 1971-1972: the 1969 martial law administration. continuing freedoms in Pakistan, which has hindered the
were suspended, as well as any court proceedings to
( later Field Marshal and President) Moham- under the government of Prime Minister Zullikar Ali Bhutto. judiciary and the Bar from upholding the rule of
- April 1977: local martial law was imposed in several large cities law".2
mad Ayub Khan. The cabinet was dissolved and by Prime Minister Bhutto under Article 245 of the 1973 constitution. 2 An Amnesty International Report including the Findings of a
all political parties Emupolitical activity banned. - July 1977: general martial law imposed by the Chief of the Army
The main opposition to the PPP government Miss ion to Pak ista n, 23 Apri l 12 May 1976, pub lishe d May
Martial law remained in force until 8 June 1962. Stall. General ( now President) Muhammad Zia- Haq. came from the National Awami Party (NAP) 1977, page 16.10 PAKISTAN
enforce respect for them. theft and robbery by amputation of a hand and
In his 5 July 1977 address to the nation foot,. and drinking alcohol by flogging.
General Zia-ul-Haq stated: Shari'a courts have been established at the
''My sole aim is to organize free and fair provincial and the federal level, and three paral-
elections which would be held in October this
year [19771. . . I give a solemn assurance that
lel systems of law now operate, with Shari'a
benches functioning alongside military and tra- e erosion of fun a ental
I will not deviate from this schedule .. . I hold
the judiciary of the country in high esteem . . .
ditional civil courts.
ri ts
However . . . if and when Martial Law Orders restoration of democratic institutions under
On 5 July 1977, when the military administratior
and Martial Law Regulations are issued, they the 1973 Constitution."
took over and declared martial law, The Laws
would not be challenged in any Court of Law
(Continuance in Force) Order stated that the The Supreme Court emphasized that:
constitution would be held "in abeyance". The
"the new Legal Order is only for a temporary
The new government released thousands of fundamental rights conferred in the constitution
period, and for a specific purpose ... the Court
political prisoners arrested under the previous were suspended. Among the rights suspended
has found it possible to validate the extra-
administration including the NAP leaders who were: the right to life; freedom from torture; the
constitutional action of the Chief Martial Law
had been on trial since 1975. In the following freedom of thought, conscience and religion; and
Administrator . . . also because of the solemn
months the government also released PPP leaders the right not to be subjected to retroactive laws.
pledge given by him that the period of con-
detained immediately after the military adminis- These rights are guaranteed in Articles 9, 14, 20
/ %at
stitutional deviation shall be of as short a
tration took power. It allowed limited political Ifilek e 14L and 12 of the Pakistan Constitution and are
Begum Nusrat Bhutto, wife of the executed duration as possible, and that during this
activity and on 15 September 1977 the state of rights which the International Covenant on Civil
former Prime Minister Zulfikar Mi Bhutto. period all his energies shall be directed towards
emergency, which had been in force since 1971, and Political Rights defines as fundamental
creating conditions conducive to the holding
was lifted. On 27 September 1977 Aga Shahi, President Zia-ul-Haq also announced far- freedoms from which no state may derogate,
of free and fair elections . . ."
head of the Pakistan delegation to the United reaching changes to the 1962 Political Parties even in times of a "public emergency threatening
Nations, informed the UN General Assembly of Act, changes which were opposed by all political the life of the nation" (Article 4). The Supreme Court judgment set further con-
the government's firm resolve to transfer power parties. The Electoral Commission was em- ditions on the legality of the martial law govern-
to elected representatives of the people after the powered to refuse registration of any party it con- ment. It specified that the constitution remained
October elections. sidered to be critical of the military or of the The legality of martial law the supreme law of the land and that the super-
However the government postponed the elec- judiciary or not based on the ideologyof Pakistan. visory powers of the High Courts, including their
tions. It stated that former public officials — The legality of the imposition of martial law was power to issue writs of habeas corpus, could not
Most political parties refused to register.
challenged before the Supreme Court by Begum be taken away. The courts would continue to
mainly from the PPP — should first be subjected On 16 October 1979 President Zia-ul-Haq Nusrat Bhutto, the wife of the late Prime Minister have full powers to review the actions of the
to the "process of accountability". Charges were announced the indefinite postponement of the Zulfikar Ali Bhutto. The Supreme Court of martial law authorities and the military courts.
brought against many PPP officials, including elections. All political parties were dissolved Pakistan, in a judgment of 10 November 1977, The Supreme Court observed:
former Prime Minister Zulfikar Ali Bhutto, who and all political activity banned. Party offices
was tried for conspiracy to murder. He was ruled that the July 1977 imposition of martial
were sealed and bank accounts frozen. Total
law was legal, calling it an "extra-constitutional That the superior courts continue to have the
sentenced to death by the Lahore High Court censorship was imposed and newspapers which -
step necessitated by the complete breakdown power ofjudicial review to judge the validity of
after a highly controversial trial that aroused the government said had been "working against
and erosion of the constitutionand moral authority any act or action of the Martial Law authorities,
much international concern. His conviction was the interest of the country and poisoning the of the Government of Mr Z. A. Bhutto". How- if challenged, in the light of the principles
upheld by a four to three majority verdict in the minds of the people" were closed down. Further ever the Supreme Court upheld the legality of the underlying the law of necessity as stated
Supreme Court, and he was executed in April martial law provisions were promulgated and the military government only within certain con- above. Their powers under Article 199 of the
1979. Many PPP members and sympathizers powers of the military courts to try economic,
ditions. Applying the doctrine of the "law of Constitution1 thus remain available to their
were arrested at the time. criminal and political cases extended. The con-
necessity" to the July 1977 bloodless coup it set full extent, and may be exercised as heretofore,
On 10 February 1979 General Zia-ul-Haq, stitution was amended to prevent the judiciary
strict limitson the actions the martial law authorities notwithstanding anything to the contrary con-
who had become President of Pakistan in Sep- from staying, reviewing or annulling or in any
could legally take. Its authority to act and pro- tained in any Martial Law Regulation or
tember 1978 upon the resignation of President other way interfering with the proceedings of
mulgate legislative measures was rcstricted to: Order, Presidential Order and Ordinance."
Fazal Elahi Chaudhry, announced the intro- military courts, which were then trying many
duction of an "Islamic system". This included a opponents of the government and sentencing "All such measures as would establish or lead (Pakistan Legal Decisions 1977, SC 705).
wealth tax (Zakat) and an agricultural tax them to imprisonment and flogging. to the establishment of the declared objectives
(Ushr), and the promulgation of a set of severe These constitutional and legal developments of the proclamation of Martial Law, namely. I Article I 99. as then unamended. granted the High Courts
penalties in accordance with the Shari'a (Is- were accompanied by renewed political arrests. restoration of law and order and normalcy in jurisdiction to issue writs of mandamus and injunctions to govern-
ment Officials. to issue writs of hatwas corpus and to take all other
lamic law). Offences such as adultery and for- Their number has increased sharply since the the country, and the earliest possible holding appropriate aetions to enforce respect for the fundamenuil rights
nication were to be punished by stoning to death, beginning of 1981. of free and fair elections for the purpose of guaranteed in the Pakistan Constitution.12 PAKISTAN PAKISTAN 13
Invoking these provisions, the High Courts permits the creation of administrative tribunals Marshal Asghar Khan, the leader of the centrist dependence of the judiciary and proscribes all
frequently quashed detention orders and con- exempt from the normal process of judicial political party, the Tehrik-i-Istiqlal, challenging major political parties. It prohibits any challenge
victions of political prisoners. They stayed flog- review in narrowly defined areas of civil law. the legality of the martial law administration and in any court to anything done by the martial law
gings, executions and other sentences passed by The new Article 212-A greatly extended the of the 1979 constitutional amendment. The government, or to any sentence passed by a
military courts when they ruled that due regard scope of Article 212, establishing military tri- petition argued that the military government was military court or tribunal.
had not been paid to the rule of law and the bunals for the trial of offences under martial law bound to hold elections within 90 days. and that The PCO voids the Supreme Court ruling of
fundamental rights guaranteed by the constitution. "or any other law, including a special law". The the government's actions restricting basic human 10 November 1977, which had conditionally
amendment allowed cases to be transferred from rights and freedoms were not legal. validated the martial law government but res-
The November 1977 Supreme Court decision
ordinary courts to military tribunals. The civilian The purpose of the May 1980 constitutional tricted its mandate. It came at a time when the
which defined and limited the legal validity of the
courts, including the courts of appeal, could no amendment was to deprive the higherjudiciary of Supreme Court was about to hear petitions
military administration has been consistently
longer hear appeals against verdicts of the military its powers to review the decisions of military challenging the legality of the military govern-
ignored by the government. Four years after the
courts. The order declared the verdicts of military courts, the legality of martial law, or the legality ment and declared null and void all court de-
imposition of martial law elections have been
courts final. of provisions issued by the authorities. The High cisions dealing with the legality of the martial law
postponed several times and have now been government or decisions taken by military tri-
The amendment seriously curtailed the juris- Courts could no longer give any form of relief, for
postponed indefinitely. The directives in the bunals. Orders and injunctions made by the
diction of the higher courts. Martial law legis- example by granting bail, or hear appeals from
Supreme Court judgment have in effect been Supreme and High Courts relating to decisions
lation passed in the wake of the amendment political prisoners unjustly detained or convicted
nullified by a series of constitutional amendments of military courts were suspended (Article 15
(Martial Law Order 72) extended the military by military courts. Despite the amendments
and martial law provisions passed during the last
courts' jurisdiction at the expense of the civilian some High Courts — notably the Punjab and (6)).
four years. Described below, they culminated in
judiciary and allowed military courts to try a Baluchistan High Courts — continued to do so
the 24 March 1981 Provisional Constitution
wide range of civil and criminal offences including under the powers given to them in Article 199 of
Order which marks a major departure trom
offences under the penal code. In the months the constitution.
the rule of law.
following the 1979 constitutional amendment Martial Law Order 77, replacing Martial Law
As a result of the March 1981 amendment to Order 72 which was promulgated at the same
the constitution, no civilian court can review any more than one hundred military courts were
established throughout the country. They started time, further extended the jurisdiction of the
action taken by the military courts or indeed military courts at the expense of civilian courts.
review the actions and legality of the martial law trying civilians, including political prisoners,
using only summary procedures. Hundreds of Military courts were given exclusive jurisdiction
administration itself. This applies even to the over cases of "treason, subversion, sedition,
High Courts and Supreme Court. Respect for
people were sentenced to imprisonment and
flogging merely for participating in normal poli- sabotage, prejudicial activity and . . . seducing
fundamental rights can no longer be enforced in members of the armed forces". They were also
Pakistan and the 1973 constitution has been tical activities, banned under martial law. Judgesof the lialuchistanHighCourt
Presidential Order No. 1 of 1980, promul- empowered to try any "contravention of any
effectively abolished. The President has as- Martial Law Order or Martial Law Regulation",
gated on 27 May 1980, amended Article 199 of Notable among these were decisions by the
sumed the power to change the constitution at and all offences under the Pakistan Penal Code.
the constitution. It restricted the "writ jurisdiction" Baluchistan High Court staying the executions
will. The independence of the judiciary — whose
of the High Courts, and barred them from of death sentences passed by special military
judges in the higher courts have an impressive
making "an order relating to the validity or effect courts. On 2 July 1980 it ruled that the High
record of protecting fundamental rights and pre-
venting major human rights abuses — has virtually of any Martial Law Regulation or any Martial The Provisional Courts could still decide cases challenging
decisions of military courts: "We would
ended. Law Order . . . or anything done, or action taken, Constitution Order 1981 therefore hold that this court has always the
or intended to be done or taken, thereunder".
The order also prohibited the High Courts from On 24 March 1981 President Zia-ul-Haq pro- power to examine the question whether this court
reviewing the judgments or sentences passed by mulgated the Provisional Constitution Order has lost jurisdiction after the promulgation of
Constitutional 1981 (PCO), which claims to validate every- Presidential Order No. 21 of 1979, and
military courts or tribunals, or from taking action
Amendments since against anyone acting with the authority of the thing done by the military government since Presidential Order No. 1 of 1980, including the
July 1977 martial law administrators. 1977 (Article 15 (1) and (2)). This order abro- validity of the instruments through which such
The order stated that the higher courts' juris- gates the fundamental provisions of Pakistan's amendments were brought about". It then
Since July 1977 the following constitutional diction had been removed retroactively, and it 1973 Constitution by presidential decree. Only declared the two latest constitutional amend-.
amendments have been passed, which have then declared the 1977 military takeover to be the provisions reiterated in the PCO are retained; ments to Articles 212 and 199 (passed on 16
curtailed the powers of the higher judiciary to legal, as well as all subsequent orders issued by the section defining the powers of the federal October 1979 and 27 May 1980 respectively) to
enforce and protect human rights in Pakistan. the military authorities. These included presi- government is included, but the parts concerning be illegal. It described them as "drastic and
On 16 October 1979 the President issued the dential orders, chief martial law administration elections, the provincial and federal parliaments fundamental" and outside the mandate of the
Constitution (Second Amendment) Order 1979, orders and martial law orders and regulations. and the constitution's fundamental rights pro- military government, ruling that they failed to
declared political parties illegal and arrested This constitutional amendment was passed just visions are excluded. Under Article 16 the pass the test of necessity laid down in the
many political leaders. The amendment added as the Punjab High Court was about to give President has assumed the power to amend the Supreme Court's 1977 judgment. The court
Article 212-A to the constitution. Article 212 judgment on a petition on behalf of retired Air constitution at will. The PCO ends the in- held that the High Courts had retained the15
PAKISTAN PAKISTAN
14
try offences under martial law and the penal By requiring this oath, which bars judges from
powers of judicial review originally granted in The Baluchistan High Court had granted an
code. Presidential Order No. 1 of 1980 further scrutinizing the actions of the military
the constitution, despite the constitutional order on 8 December 1980 staying his
extended the jurisdiction of military tribunals at authorities or the military courts, the government
amendments passed by the government to the execution, because of grave irregularities in his
the expense of the civilian courts, and barred the assured itself of the loyalty of the High Court and
contrary. It therefore continued to issue orders trial and conviction. The name of the man he was
higher courts from reviewing the actions of the Supreme Court judges.
staying the execution of prisoners. charged with murdering was twice changed
military courts and administration. High Court The Chief Justice of Pakistan, Anwarul Hag,
The PCO has finally removed these powers. during the trial when the alleged victim proved to
judges who continued to pass judgments and two other Supreme Court judges, Justice
The judiciary can no longer quash detention be alive. As a result of the PCO (which also
criticizing the military courts or the martial law Dorab Patel and Justice Fakhruddin Ibrahim,
orders of political prisoners under Martial Law prompted the removal of Baluchistan's Chief
administration were frequently harassed: for resigned, refusing to endorse the validity of the
Order 78 by ruling them illegal. It can no longer Justice Mir Khuda Baksh Marri), the High
was example, 10 days after the Baluchistan High PCO. They wrote separately to the President
set aside summary convictions imposed by mili- Court's order staying his execution
Court's judgment declaring the government's that they were bound by the dictates of their
tary courts on political prisoners, or stay flog- suspended and Abdul Hameed Baluch was
constitutional amendments illegal each judge conscience. The Chief Justice said: "Any Judge
gings and executions as it had previously, usual- executed in Mach Jail, near Quetta, on 11 June
was served with a notice alleging irregularities in supporting the decree (ie the Provisional Con-
ly on the grounds that military courts did not 1981.
his income tax forms. (International Commission stitution Order) is bound to protect the govern-
provide adequate legal safeguards to ensure a ment and deny citizens a legal remedy for their
of Jurists, CIJL Bulletin, No. 6, October 1980.)
fair trial. grievances". Sixteen High Court judges report-
The PCO of 24 March 1981 has ended any
Since the passing of the PCO Amnesty The Judiciary judicial scrutiny of executive action. It marks the edly did not swear the oath. Among them were at
International has been told by many former The 1973 constitution adheres to the principle of virtual end of the independence of Pakistan's least five High Court judges who were not invited
political prisoners who have fled the country, an independent judiciary. Both the judiciary and judiciary: to ensure the judiciary's submission to take the new oath. Some of these had allowed
and relatives of political prisoners, that they fear the legal profession have played an important the government required the judges of the petitions challenging the legality of actions of the
for the prisoners' safety, as they no longer have and active role in protecting the rule of law and Supreme Court and the High Courts to take an military government, among them Chief Justice
recourse to the courts. Lawyers —who have been fundamental rights in Pakistan. They have oath to uphold the PCO, rather than the constitu- Marri of the Baluchistan High Court, who was
active in the defence of human rights of political resisted attempts by successive governments to tion. Article 17 of the PCO states: responsible for several decisions staying the
prisoners in Pakistan —are no longer able to give restrict their independence and curb their powers execution of sentences imposed by special
them any professional help. They have advised to protect citizens from human rights violations. "A person holding office as Chief Justice of military courts.
relatives that there is no point in approaching the A High Court judge wrote in December 1977 to the Supreme Court . . . shall not continue to By not allowing these five judges to take the
courts. This letter, received by Amnesty Amnesty International members informing them hold that office if he is not given, or does not oath, the government has removed them from
International in June 1981, is one of many: -My of the release of a prisoner of conscience. make an oath in the form set out in the office. It has bypassed the Supreme Judicial
brother has consulted several lawyers of the Declaring the prisoner's conviction by a special Schedule ... A person who has made [an] oath Council, an independent constitutional body
High Court concerning filing a writ in the High court to be illegal, he wrote: "You will be glad to as required ... shall be bound by the provisions consisting of the Chief Justice, the two most
Court but was told that the recent consititutional know that superior courts in Pakistan have of this Order and, notwithstanding the judg- senior judges of the Supreme Court and the Chief
changes prohibit such a legal remedy." always been fully conscious of the importance of ment of any court, shall not call in question or Justices of the provincial High Courts, which
The effect of the PCO was immediate. It led to human rights and we have always done our permit to be called in question the validity of provided security of tenure to the Pakistan
the execution of two political prisoners. humble best within the limitations of law to any of the said provisions". judiciary. Judges could only bd removed by the
Abdul Hameed Baluch, a 21-year-old stu- uphold civil liberty". The judge expressed his Supreme Judicial Council for misconduct, un-
dent leader from Baluchistan, had been con- "deep concern for the independence of the The oath, which all Supreme and High Court der the procedure laid down in Article 209(7) of
judiciary and for human rights". judges were required to swear on 25 March the constitution which states: "A judge of the
1981, reads: Supreme Court or of a High Court shall not be
In its 1977 report Amnesty International des-
cribed the constraints on the powers and "That as ChiefJustice of Pakistan (or a Judge removed from office except as provided by this
independence of the judiciary imposed by the of the Supreme Court of Pakistan or Chief Article". Since the government has now as-
previous administration, particularly under the Justice or a Judge of the High Court for the sumed powers to remove judges under the PCO,
of the independence of Pakistan's judiciary has
Fifth Amendment to the Constitution province of ) I will discharge my duties,
September 1976. The constitutional changes and perform my functions honestly, to the best effectively ended.
made by the previous administration restricted of my ability and faithfully in accordance with Introducing the PCO, the President was
the power of the judiciary to review executive the Provisional Constitution Order, 1981, and quoted as saying: "A judiciary's job is to
actions during periods of emergency, even where the law. interpret the law and administer justice, not to
the actions infringed human rights. This trend That I will abide by the Provisional challenge the administration" (Far Eastern
continued after the July 1977 imposition of Constitution Order, 1981. . . " Economic Review, 3 April 1981).
martial law.
Abdul HameedBaluch The Constitution (Second Amendment)
victed of murdering a recruiting agent by a Order 1979 established a system of military
special military court and sentenced to death. :tuns parallel to the civilian judicial system toYou can also read
