Slamming Pakistan President Pervez Musharraf for suspending the Chief Justice, two United Nations human rights experts have asked Islamabad to ensure independence of judiciary as provided in the country's Constitution.
"The circumvention of the Constitution constitutes a serious interference of the executive with the independence of the judiciary. This threatens the proper functioning of the country's judicial system," they said.
In a statement, they also expressed concern over use of "excessive force" against "peaceful demonstrators" protesting the suspension of the chief justice, saying that this runs contrary to international standards guaranteeing the right to peaceful assembly for the purpose of promoting and protecting human rights and fundamental freedoms.
They noted that the suspension of the chief justice, which is "widely seen as an attack on the independence of the judiciary", sparked demonstrations at which police used excessive force and asked the authorities to take action to remedy the situation.
The protests began on March 12, just three days after President Musharraf suspended Chief Justice Iftikhar Chaudhry over unspecified allegations of misuse of office.
"Demonstrators, including lawyers, journalists, political activists and civil society actors, have taken to the streets since March 12 to protest against this presidential decision, which is broadly seen as constituting an attack against the independence of the judiciary," the Special Rapporteur on the independence of judges and lawyers, Leandro Despouy, and the Secretary-General's Special Representative on the situation of human rights defenders, Hina Jilani.
"Law enforcement authorities, in some instances, have used force in an excessive manner against peaceful demonstrators, and have arrested several of them. Also, journalists were physically hindered from reporting on the events," the experts said, expressing serious distress about the situation.
Several judges, they noted, have resigned in the past few days and lawyers in various parts of the country are boycotting court proceedings in sign of protest against the suspension and against police abuses against demonstrators.
The two experts reminded the Government of provisions enshrined in Pakistan's Constitution that establish a specific procedure as a safeguard to guarantee the independence of the judiciary and to protect judges from undue interference by the executive branch.
"In the present case, it is widely believed that the chief justice was suspended without respect for these procedures," they asserted.
They called on the Pakistani government to follow scrupulously the constitutional procedures for an inquiry related to the chief justice's conduct, to immediately halt the excessive force applied by law enforcement authorities and to investigate thoroughly these actions, and to do its utmost to ensure a continued functioning of the administration of justice in conformity with international standards.
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