Police Reforms: International
Police Reforms: Too Important to Neglect, Too Urgent to Delay

Crisis in Pakistan
State of emergency: 3 November – 15 December 2007

On Saturday 3 November 2007 Pervez Musharraf declared a state of emergency in Pakistan. In a blatant move to maintain his grip on power in the face of increasing opposition and judicial activism, Musharraf enacted the Provisional Constitutional Order. He cited the security threat posed by rising Islamist militancy and terrorism as justifying the suspension of Pakistan's Constitution, the removal of the fundamental human rights contained therein, the sacking and forcible removal of the independent judiciary, the restriction of media freedom and immunity from any legal challenge against measures taken during the emergency.

Musharraf accused the judiciary of exceeding its authority and adversely affecting security by interfering in the functions of the executive. The accusation and dismissal came just as the Supreme Court bench was due to rule on petitions filed by political opposition in challenge to Musharraf's October re-election as President. It is widely believed that the Musharraf's expectation of an adverse ruling against the validity of his re-election was the emergency catalyst. The Supreme Court Chief Justice Iftikhar Chaudhry was dismissed and forcibly removed from the court, along with other judges from the eleven-member Supreme Court bench and numerous senior judges across Pakistan. Musharraf personally appointed new judges who were required to take an oath of allegiance under the Provisional Constitutional Order. The removal of the independent judiciary was closely followed by the shutdown of all non-state television channels. Up to thirty private television channels were closed and a media ordinance enacted curtailing press freedom. Numerous protests during the six weeks involving lawyers, political opposition, journalists, students and human rights activists against the emergency were met with a violent police crackdown, with thousands of people arrested and placed in detention by both riot police and plainclothed officers. Many others were placed under house arrest, including, for example, the Chairperson of the independent Human Rights Commission of Pakistan and UN Special Rapporteur on Freedom of Religion or Belief, Ms Asma Jahangir, who was placed under a 90-day house arrest.

Legal changes enacted during the emergency include:

• Proclamation of Emergency (3 November 2007)
• The Provisional Constitutional Order No.1 of 2007: suspending the Constitution, stipulating that judges must take an oath of office and granting the President and emergency provisions immunity from court challenge.
• Ordinance on Electronic Media, No LXV of 2007: amending the Pakistan Electronic Media Regulatory Authority Ordinance (2002). Places severe restrictions on all media content to be broadcast. Among the restrictions, the media is prohibited from printing and broadcasting “anything which defames or brings into ridicule the head of state, or members of the armed forces, or executive, legislative or judicial organ of the state.”
• Ordinance on Print Media: amending the Press, Newspapers, News Agencies and Books Registration Ordinance (2002)
• Ordinance LXIX of 2007: amending the Legal Practitioners and Bar Councils Act (1973). Under this, the Attorney-General, as Chairman of the Pakistan Bar Council, is allowed to remove members of the bar association and suspend lawyers with no opportunity for the member to challenge such a decision.
• Pakistan Army (Amendment) Ordinance LXVI of 2007: amending the Pakistan Army Act (1952). The amendment gives power to military courts to try civilians for a wide range of offences. In direct violation of fundamental human rights and the rule of law, the amendments were made effective retroactively by applying from 1 January 2003. It gives military courts the power to try offences that fall under the Prevention of Anti-National Activities Act (1974) and the Anti-Terrorism Act (1997).
  

On 22 November, Musharraf’s newly appointed Supreme Court bench dismissed all the petitions challenging the validity of his re-election. The Pakistan Election Commission then declared his re-election as valid on 24 November 2007. On 28 November Musharraf stepped down from his position as army chief in the face of much international pressure to relinquish the dual office holding of both President and Chief of Army Staff. He was then sworn in as civilian President of Pakistan on 29 November.

Looking back, Musharraf first came to power through a military coup in October 1999, when he ousted the then elected Prime Minister Nawaz Sharif and became the fourth army chief to have taken military control of Pakistan. He appointed himself President in 2001 and, up until the 2007 emergency, retained the dual offices of President and Chief of Army staff.

On Saturday December 15 2007, President Musharraf officially ended the state of emergency and restored Pakistan’s Constitution. His first act under the restored Constitution was to officially swear in the new members of the Supreme Court, whom he appointed under the Provisional Constitutional Order at the commencement of emergency rule. Chief Justice Abdul Hameed Dogar was sworn in as the new chief justice as the former chief justice Iftikhar Mohammad Chaudhry remains under house arrest. Numerous people remain illegitimately detained and many members of the sacked independent judiciary remain under house arrest. President Musharraf enacted further presidential decrees on 15 December 2007, pursuant to which all measures imposed and actions taken by Musharraf during the emergency remain immune from any legal challenge.

The end of the emergency is insufficient as Musharraf maintains many of the powers he held during the state of emergency. In spite of the restoration of the Constitution, pursuant to a newly inserted article 270AAA in the Constitution, all of the appointments and orders made under the state of emergency and any ordinances remain in effect even after the emergency ends. Furthermore amendments prohibit courts from hearing challenges to any executive actions taken or measures put in place during the emergency. These constitutional amendments made during the emergency would otherwise require a two-thirds parliamentary majority to become law. Along with the sacking of the independent judiciary of the Supreme Court and judges across Pakistan, this means that conditions that existed prior to the imposition of emergency have by no means been fully restored. President Musharraf has retained emergency changes, including severe restrictions on the media and the power for civilians to be tried in military courts.

Parliamentary elections are scheduled to be held in Pakistan on 8 January 2008.

CHRI action on Pakistan

CHRI issued a statement on the Proclamation of Emergency and Provisional Constitutional Order in Pakistan on 5 November 2007.

On 5 November 2007, CHRI wrote to the Commonwealth Secretary General, calling for him to convene an emergency meeting of the Commonwealth Ministerial Action Group (CMAG), in consultation with the Chair of CMAG, to consider the situation in Pakistan and suspend it from the councils of the Commonwealth. Click here to see a copy of the letter.

An emergency CMAG meeting was scheduled for Monday 12 November 2007. You can read CHRI's submission to CMAG on Pakistan by clicking here and CHRI's media statement on the important role that CMAG has to play protecting the basic principles of Commonwealth membership by suspending Pakistan from the Commonwealth here.

Click here to read CHRI media statement on the use of anti-terrorism to justify dictatorship in Pakistan.

Click here to request that your email address is added to CHRI's Pakistan email update service. Click the hyperlinks to read CHRI's email updates on Pakistan for 5 November 2007 , 6 November 2007 , 13 November 2007 and 14 November 2007.

Commonwealth action on Pakistan

CMAG met on 12 November 2007, condemning the declaration of emergency and setting out a number of measures that Pakistan must implement before 22 November 2007 or be suspended from the Commonwealth. CMAG's statement is available on the Commonwealth Secretariat website by clicking here.

CMAG is the nine-member Commonwealth body that considers serious and persistent violations of the Harare Declaration - the human rights foundation of Commonwealth membership.

Pakistan has been under CMAG's radar for over eight years. Pakistan was suspended from the councils of the Commonwealth in October 1999, after the democratic government was overthrown by General Musharraf in a military coup. It was welcomed back in 2004 following progress made in restoring democracy and rebuilding democratic institutions in the country, as well as the restoration of the 1973 Constitution (as amended by the 17th Amendment). Pakistan's return to the Commonwealth was accepted on the basis that the offices of President and Chief of Army Staff would be separated. Pakistan has remained on the CMAG agenda, which means that CMAG automatically continues to monitor developments in the country.

The Concluding Statement of the Extraordinary Meeting of CMAG on the declaration of emergency in Pakistan:

• Condemned the abrogation of the Constitution of Pakistan;
• Expressed grave concern at the dismissal of the Chief Justice and other judges;
• Stated that Government action against lawyers, opposition politicians, civil society leaders and media "constitute violations against Commonwealth fundamental values";
• Welcomed announcements that elections will be held before 9 January 2008 but "stressed that such elections would not be credible unless the state of emergency is removed";
• Noted concern that General Musharraf will not step down as Chief of Army by 15 November 2007 as promised; and
• Agreed that the developments seriously violate the Commonwealth's fundamental political values.

The Concluding Statement demanded that the Pakistani Government fulfill the following requirements or face suspension from the Commonwealth at the following CMAG meeting, held on the eve of the Commonwealth Heads of Government Meeting in Uganda, 22 November 2007:

• Immediate repeal of the emergency provisions;
• Full restoration of the Constitution, independence of the judiciary and all rights and the rule of law curbed during the emergency;
• General Musharraf to step down as Chief of Army Staff;
• Immediate lifting of media and press restrictions; and
• Rapid move towards creating conditions for free and fair elections under the Constitution.

CMAG also expressed its support for and solidarity with the people of Pakistan.

Pakistan failed to address any of the issues raised by the Commonwealth. Click here to read a CHRI media release detailing the failure of Pakistan to satisfy the Commonwealth's requirements and the need for its suspension. Click here to read CHRI's submission to the 22 November 2007 meeting of the Commonwealth Ministerial Action Group, which considered Pakistan's suspension.

On 22 November CMAG met and, demonstrating its commitment to the basic political values of democracy, human rights and good governance that underpin membership of the Commonwealth, suspended Pakistan, pending the restoration of democracy and rule of law. CMAG condemned the ongoing emergency, and the related suspension of the Constitution, lack of independent judiciary and curtailing of fundamental rights and the rule of law. CMAG also expressed its solidarity with the people of Pakistan, saying that they had "a right to enjoy the provisions and protections of its Constitution, with fundamental freedoms of expression and assembly, and the rule of law." CMAG also committed to staying engaged with Pakistan, even as it was suspended, to help it get back on the road to democratic rule. Read the CMAG statement by clicking here.

The Commonwealth Heads of Government met between the 23rd and 25th of November, in Uganda, and issued a communiqué outlining the substance of their discussions. The communiqué included a statement on Pakistan, where the Heads noted Pakistan’s suspension. The Heads also expressed their serious disappointment that President Musharraf had failed to implement the decision of the Heads made at the Malta CHOGM in 2003 that the offices of Head of State and Chief of Army Staff be separated at the end of the Presidential term in 2007. The Heads welcomes the announcement of elections for 8 January 2008, but stressed the need for Musharraf’s Government to move rapidly to create the conditions that would allow the elections to be free, fair and credible. Read the full communiqué by clicking here.

Further information on the situation in Pakistan and a set of useful links and statements are set out below.

Attack on judicial independence

The emergency order accuses the judiciary of exceeding its authority and adversely affecting security by interfering in the functions of the executive. Immediately following the declaration, General Musharraf dismissed Supreme Court Chief Justice Iftikhar Chaudhry, along with other justices of the Supreme Court. New judges have been required to take an oath under the provisional constitutional order. The dismissal came just as the Supreme Court was due to rule on the legality of General Musharraf’s recent re-election as President. The dismissal must also be viewed in light the Supreme Court’s ongoing consideration of cases involving a large number of disappearances under Pakistan’s anti-terrorism laws.

Suppression of freedom of expression

The dismantlement of the judiciary was closely followed by the shutdown of all non-state television channels. Many citizens were left with no information when up to thirty private television channels were closed immediately following the declaration. Reports tell of an ordinance issued by the PEMRA, the state media regulatory body, demanding all private television stations to cease broadcasting. Local news channels have been attempting to work around the restrictions in order to keep people informed.

Alongside the proclamation, a repressive Media Ordinance was declared, severely restricting all media content. Covering almost any possible reporting of issues relating to terrorism or criticism of the government or the emergency, the Ordinance explicitly restricts a broad range of publications including photographs or pictures of terrorists, any material bringing the head of state into ridicule or disrepute and any material “likely to jeopardise or be prejudicial to the sovereignty, ideology or security of Pakistan.”

Police brutality

Reports have also emerged detailing that the police are acting with impunity under the declaration, violently arresting demonstrators; hundreds of people have been arrested and placed in preventive detention since the declaration; those arrested include lawyers and members of opposition political parties.

Anti-terrorism: a tool to suppress valid political opposition

General Musharraf’s latest move uses the threat of terrorism to justify the suppression of political opposition. There has been an increasing international trend to tap into public fear of the threat of terrorism to justify the enactment of harsh political, legal and security measures undermining the rule of law, making a casualty of human rights and undercutting democratic values.

Commonwealth membership: A promise to uphold democracy and protect human rights

The Commonwealth Ministerial Action Group (CMAG) is the nine-member Commonwealth body that considers serious and persistent violations of the Harare Declaration – the human rights foundation of Commonwealth membership.

Pakistan has been under CMAG’s radar for over eight years. Pakistan was suspended from the councils of the Commonwealth in October 1999, after the democratic government was overthrown by General Musharraf in a military coup. It was welcomed back in 2004 following progress made in restoring democracy and rebuilding democratic institutions in the country, as well as the restoration of the 1973 Constitution (as amended by the 17th Amendment). Pakistan’s return to the Commonwealth was accepted on the basis that the offices of President and Chief of Army Staff would be separated. Pakistan has remained on the CMAG agenda, which means that CMAG automatically continues to monitor developments in the country.