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Rights Group Urges Pakistan to Align 27th Amendment with International Human Rights Obligations

Khudayar Mohla
27th Amendment Pakistan, Amnesty International Pakistan, judicial independence Pakistan, Federal Constitutional Court Pakistan, Article 243 Constitution, Pakistan military leadership structure, human rights in Pakistan, rule of law, fair trial rights, Pakistan legal framework, constitutional crisis Pakistan, accountability of armed forces, separation of powers, judicial interference Pakistan.

Terming the 27th Constitutional Amendment as the culmination of a relentless campaign against Pakistan’s judiciary, Amnesty International demanded an urgent legislative review on Tuesday. The group expressed concern that the amendment jeopardizes fundamental rights to a fair trial and erodes the country’s legal framework.

According to Dawn News , the 27th Amendment, passed by Parliament after five days of heated debate, opposition protests, and last-minute revisions, was widely criticised for abolishing judicial independence through the formation of a Federal Constitutional Court (FCC) and introducing changes to the military leadership structure by rewriting Article 243 of the Constitution (command of the armed forces).

In a statement issued on Tuesday, the rights body said the Amendment was a “crescendo of a concerted and sustained attack on the independence of the judiciary, right to fair trial and the rule of law in Pakistan”.

It called on authorities to conduct an urgent review of the Amendment to “ensure that all its provisions fully comply with Pakistan’s international human rights law obligations and commitments”.

It added the Amendment “insulates the president and heads of the naval, armed and air forces from accountability”.

“The Pakistani authorities must immediately take all appropriate measures to safeguard the impartiality, independence and safety of judges, ensuring that they can carry out their judicial functions without any inappropriate or unwarranted interference and any restrictions, improper influences, pressures and threats, direct or indirect, from any quarter or for any reason,” the rights body said.

It noted that the Amendment violated “international human rights law, particularly undermining the independence of the judiciary, right to fair trial and justice and accountability”.

It urged Pakistani authorities to “uphold their international human rights obligations, effectively protect the human rights of everyone in the country, and ensure access to justice and effective remedies for victims, as well as respect the separation of powers and the rule of law”.

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Managing Partner at Mohla & Mohla - Advocates and Legal Consultants, Islamabad, Founder of The Law Today Pakistan (TLTP) Newswire Service. Former President Press Association of Supreme Court of Pakistan with over two decades of coverage of defining judicial moments - including the dissolution and restoration of Chief Justice Iftikhar Muhammad Chaudhry, Asif Ali Zardari NAB cases, Syed Yousaf Raza Gillani contempt proceedings, Panama Papers case against Mian Nawaz Sharif, matters involving Imran Khan, and the high treason trial of former Army Chief and President Pervez Musharraf. He now practises law and teaches Jurisprudence, International Law, Civil and Criminal Law. Can be reached at: mohla@lawtoday.com.pk
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