The former prime minister of Pakistan, Imran Khan, filed an urgent appeal on Monday to the United Nations Special Rapporteur on Judges and Lawyers Margaret Satterthwaite. The appeal addresses the independence of jurists under the constitutional amendments proposed by the current Pakistani government.
Imran Khan’s appeal to the UN regards the government’s plan to amend the Constitution and its underlying threats to the principle of separation of powers and the rule of law in Pakistan. In addition, Khan’s legal team argues that the amendments undermine fundamental human rights. One proposed amendment foresees the creation of a Federal Constitutional Court that will run parallel to the Supreme Court and take away its authority on matters related to constitutional interpretations and the protection of fundamental rights. Relatedly, the new reform provides that the chief justice of the Federal Constitutional Court will be appointed through private meetings by a National Assembly Committee. The proposed reform also prohibits judicial review of the actions of security and military forces.
Khan’s lawyers stated that the planned amendment constitutes “a serious threat” to the rule of law, the independence of the judiciary, and the fundamental rights of the Pakistani people in general and Imran Khan in particular. They argued that if approved, the new amendments would restrict Imran Khan’s right to challenge judicial rulings and coercive measures targeting him, as the latter is imprisoned and faces corruption charges. For this reason, they called on the UN Special Rapporteur to issue an urgent communication regarding the proposed amendments to the Pakistani government as soon as possible. The statement also pointed out that Mr Khan has been targeted by national authorities since 2022.
Imran Khan was the prime minister of Pakistan until he resigned in April 2022 following a vote of no confidence. Following this, he was subject to criminal proceedings and faced several criminal charges, including treason and corruption. In July, the Pakistani government banned Khan’s party, the Pakistan Terheek-e-Insaf (PTI) party, and accused him of ‘press treason.’
The constitutional amendments were widely criticized by civil society and legal professionals in Pakistan. Anti-government protests contesting the proposed reform took place in Islamabad on Friday. In response, authorities imposed a lockdown and a blockade on cell phone services to quell the unrest. Furthermore, a group of Pakistani lawyers opposed the constitutional amendment and wrote a letter to the country’s high courts and the Supreme Court. They argued that the creation of a Federal Court and the nomination of its members on recommendations from the prime minister endangers judicial independence and violates the principle of separation of powers. They added that they fear the new provisions would enable the executive power to manipulate key judicial positions and eventually lead to giving the government disproportionate power over the judiciary.
The package of constitutional amendments previously failed to pass as it didn’t obtain the required two-thirds in the parliament. However, the government is expected to attempt to reintroduce it again this week.
