PARIS/LAHORE: While releasing a joint report on Wednesday, the International Federation for Human Rights (FIDH) and the Human Rights Commission of Pakistan (HRCP) alleged systemic corruption across all levels of Pakistan’s justice system.
The report warns of serious human rights consequences arising from this alleged corruption. The findings are based on 30 interviews with lawyers, judges, journalists, activists, and academics, conducted as part of a joint FIDH-HRCP investigation into judicial practices nationwide.
According to a press release issued by HRCP, the 32-page report is titled “Under the Bench: Mapping Corruption Risks in Pakistan’s Justice System.” It examines how corruption has allegedly spread through the judicial system. The report claims this corruption has weakened judicial independence and effectiveness. It further alleges that the judiciary’s ability to protect fair trial rights and other basic freedoms has been undermined. The report suggests that judicial corruption in Pakistan may have reached a systemic scale. It may even amount to grand corruption, the report states.
FIDH Secretary General Shahindha Ismail commented on the report’s findings, saying alleged corruption has become deeply embedded in the judiciary. She added that its effects on human rights are far-reaching. Ismail stressed that corruption in the judiciary is not a victimless crime. She said it has clearly weakened the right to a fair trial. This impact is most severe for vulnerable groups, including minorities, she noted.
The report details several alleged forms of judicial corruption. It points to bribery and misconduct linked to weak administration of justice. It also cites cultural patterns said to enable favouritism and nepotism. The report further describes a broader erosion of judicial independence. It links this erosion to what it calls state capture of the upper judiciary. The report claims that the 26th and 27th Constitutional Amendments have weakened judicial independence further. These amendments changed the process for judicial appointments, it says. They also expanded the grounds for removing judges.
The report additionally examines existing anti-corruption mechanisms. It claims these mechanisms have failed to ensure accountability. They have also failed to deter future misconduct. The report also assesses the alleged human rights impact of judicial corruption. It highlights violations of due process and equal treatment under the law.
These violations affect low-income communities and minorities the most, the report claims. It also identifies a link between corruption and incidents of torture. A similar link exists between corruption and the application of capital punishment, the report states. It further examines how corruption allegedly affects gender equality within the legal profession and judiciary.
HRCP Secretary-General Harris Khalique responded to the report’s findings, saying that eradicating corruption in the judiciary requires more than raising judges’ salaries. He added that installing CCTV cameras in courtrooms is not enough either. Khalique said meaningful reform must start with restoring judicial independence. It must also address the root causes of compromised judicial decisions, he said.
The report includes a detailed set of recommendations. These are directed at Pakistani authorities, international bodies, and civil society groups.
For Pakistani authorities, the report calls for protecting judicial independence. It recommends repealing the 26th and 27th Constitutional Amendments. It also calls for removing discretion in assigning and scheduling court cases. Instead, it recommends clear rules and timelines managed by registrars and chief justices.
The report calls for greater transparency around official court fees. It recommends that all litigants know the exact costs of court services. It also calls for public access to court hearing schedules, including online. The report urges regular publication of complaint data and related actions. It recommends barring relatives of sitting judges from appearing before their benches.
On transparency, the report recommends livestreaming Supreme Court hearings of public interest. It calls for regular publication of data on investigations and complaints. This includes complaints handled by the Supreme Judicial Council. The report recommends clear timelines for deciding misconduct cases against judges.
It calls for legislation extending the right to information to judicial institutions. It also recommends public awareness campaigns on accountability mechanisms. The report calls for mandatory asset declarations by judges at all levels. This would align judges with existing rules for civil servants, it notes.
On accountability, the report urges the government to prioritise investigating corruption allegations against judicial actors. It calls for effective prosecution of such cases.
The report gives special attention to whistleblower protections. It recommends a federal whistleblower protection law. This law should meet international standards, the report says. It should also apply across all provinces.
The report calls for repealing laws that criminalise free expression and press freedom. It names PECA and defamation laws specifically. It recommends legal protections against strategic lawsuits against public participation. This would let courts dismiss meritless claims early. It would also shift legal costs to those who file baseless suits.
The report calls for effective remedies for corruption victims. These should include restitution, compensation, and guarantees of non-repetition, in line with UN principles. The report also recommends new legislation to regulate intelligence agencies. This legislation should hold agencies accountable for violations affecting fair trial rights, it says.
The report addresses the European Union as well. It recommends expanding EU monitoring of Pakistan’s GSP+ compliance. This monitoring should specifically cover judicial corruption and its human rights impact, the report says.
For international financial institutions, the report calls on the IMF to include corruption-related measures in its governance assessments. These measures should shape future agreements under Pakistan’s Extended Fund Facility Programme, it recommends.
Finally, the report calls on civil society and donors to document corruption-linked rights violations. It urges them to use these findings in submissions to UN human rights bodies. It also calls for funding litigation to hold corrupt individuals accountable. Additional funding should support legal aid for whistleblowers, the report recommends.
