Flawed judicial appointments processes, shortcomings in court infrastructure and a lack of training for legal professionals are hindering the independence of the judiciary in Pakistan, a report by the International Bar Association’s Human Rights Institute has warned.
The report said that the reinstatement of Pakistan’s chief justice, Iftikhar Muhammad Chaudhry, in March, was just a ‘small step on the long march to justice’.
The report recommends 35 measures to help overcome the ‘damaging legacy’ of the state of emergency, and its effect on fundamental rights. These measures include reviewing the constitution, overhauling the procedures for judicial appointments and removals, and strengthening the framework for dealing with corruption at all levels of Pakistan’s society.
The report also recommends re-examining the lawyers’ code of conduct, improving legal education and embedding the right to freedom of expression, particularly for the media.
Justice Richard Goldstone, co-chairman of the Human Right’s Institute, said: ‘The justice system [in Pakistan] has for too long been… subordinate to political expediency. Expectations are high that the judiciary in particular, and the legal profession in general, will take a leading role in restoring the rule of law and the protection of human rights in Pakistan.’
Dr Phillip Tahmindjis, deputy director of the Institute, said the status of the judiciary in Pakistan was low. ‘Corruption in Pakistan is endemic. It is hindering the rule of law at all levels. In order to combat it, systemic issues have to be addressed – there can be no simple solutions.’
A delegation of senior lawyers from the Institute visited Pakistan in March and met with more than 100 judges, lawyers and others.
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