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Solidarity with Pakistan's Lawyers

Nov 07 2007

Solidarity with Pakistan's Lawyers

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Editorial

By Liaquat Ali Khan

Translation

Solidarity with Pakistan's Lawyers: If not Now, When?

The time is here for the lawyers of the world to show solidarity with the lawyers in Pakistan who are waging a struggle to challenge the lawlessness of an ugly usurper, a power addict, a man in military uniform determined to undermine a Muslim nation that yearns for democracy.

From the Lawyers of Pakistan…

The lawyers are protesting in the streets of Pakistan because the usurper has suspended the Constitution "in exercise of all powers." The usurper has arrogated to himself the license to "amend the constitution, from time to time, as he deems expedient." When one man can suspend and alter the fundamental constitution of a nation, the abuse of power is unlimited.

The lawyers of Pakistan are putting their lives on the line because the usurper has suspended the basic rights of the people of Pakistan. The constitutional right that no person shall be deprived of life or liberty save in accordance with law has been suspended. This suspension means that the government can imprison or kill anyone in Pakistan with no protection of law.

The lawyers of Pakistan are refusing to submit to the usurper because under the new regime anyone can be arrested without being informed of the grounds for such arrest. No longer does the arrested person have any right to consult or to be defended by a lawyer.

The lawyers of Pakistan are protesting on the courthouse grounds because the usurper has suspended the freedom of movement. Many Supreme Court Justices and politicians have been detained in their houses. Numerous human rights lawyers have been made political prisoners in their own homes.

The usurper has suspended the right to free speech and the freedom of press. The electronic media have been turned off. The newspapers are no longer free to report the crimes of the regime. They are not free to comment on the news or criticize a lawless government. The lawyers are marching in unison because a nation without free speech is a dead nation and a nation without a free press is vulnerable to gross violations of human rights.

The usurper has suspended Article 25 of the Constitution which says: All citizens are equal before law and are entitled to equal protection of Law. When the government abandons the equal protection of laws, weak individuals and weak groups are the first to suffer, and suffer the most. The lawyers have taken the vanguard of protest because legal safeguards against blatant discrimination have been removed.

The usurper has fired the Supreme Court Justices who refused to accept unlawful dictation and who demanded that the usurper respect the Constitution.

The lawyers of Pakistan are being beaten, detained, and taken away from their children and families. They have been charged with the crimes of terrorism because they have made a commitment to stand for the rule of law, democracy, and fundamental rights.

The lawyers of Pakistan need the moral support of lawyers around the world.

To the Lawyers of the World…

In depth

Pakistan: Timeline

Reactions to Pakistan emergency

Pakistan's Dark Future...

NLG Urges Bush to suspend Pakistan aid

The lawyers of the world must contribute to this struggle against a lawless dictator and express solidarity with the lawyers of Pakistan.

Global solidarity of lawyers will forge effective resistance to a dictator in Pakistan who has revoked all constraints of law to gratify his infatuation with power.

Global solidarity of lawyers is needed because dictators can rise in any nation. No legal text furnishes security against power addicts who subvert even the noblest constitution to maximize their willfulness.

When the lawyers and judges of the world are fearless and determined to uphold the rule of law, the tide of tyranny can be abated. The power of law lies in the lawyer's commitment to subvert injustice. Lawyers are the guardians of the law.

Global solidarity of lawyers will show to the world that the profession of law anywhere and everywhere stands for the rights of the people, all the peoples, and a right diminished anywhere is a right diminished everywhere. A tyrant tolerated in any nation pollutes the whole world as lawlessness spreads across borders.

Let the lawyers of the world get together in big cities and in small towns. Let them assemble peacefully, exercise free speech, and pass resolutions to condemn the mistreatment of lawyers in Pakistan.

Let the lawyers of the world speak against the suspension of fundamental rights in Pakistan. Let them demand that the Justices of Pakistan Supreme Court be freed from detention so that they can continue their charge of maintaining the rule of law. Let the lawyers of the world petition their leaders to put pressure on the Pakistani dictator to restore the constitution.

If the lawyers of the world do nothing to support the lawyers' resistance in Pakistan, tyranny will be entrenched.

Professor Ali Khan, a contibuting editorof MWC News, is a professor of law at Washburn University School of Law in Topeka, Kansas. He may be contacted at ali.khan@washburn.edu

http://mwcnews.net/ali-khan

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Comments (2)

1. 08-11-2007 16:15

EDITOR

WHEN MUSRAF WILL END >>?

http://www.pakissan.com

drkhalidmahmood.shouq@gmail.comNOSPAM! ">DR KHALID MAHMOOD SHOUQ

2. 08-11-2007 16:27

EDITOR

sian Human Rights Commission (ua@ahrchk.org)

Dear Sir's

PAKISTAN: State sanctioned attack on justices, lawyers and activists challenging the emergency

I am writing to express my grave concern regarding the plight of court justices, lawyers and human rights activists who have been under house arrest and detained after the state of emergency was imposed on November 3. I trust that you are aware of the events in Pakistan as this has been widely reported.

I particularly draw your attention to the unlawful arrest and detention of 46 court justices and 3,500 lawyers all over the country. One of those placed under house arrest is Supreme Court Chief Justice Iftekhar Choudhry. Some of these justices and their children on regular medication have been denied of treatment as a result of their arrest. They were not allowed to contact their physicians and some of the houses of justices had their supply of water cutoff.

As you are aware, the hundreds of lawyers from different places all over the country were arrested for demonstrating against the state of emergency. They were brutally beaten in public and tear gas was used against them by security forces. Some of the female lawyers in detention were detained in toilets of the police station. They too were denied the right to be visited by their relatives and their families.

It is shocking that justices, lawyers and human rights activists have instead been targeted by security forces rather than "extremists" or "terrorists", of which the imposition of emergency should have been based upon. This has instead affirms the military government's intolerance to the maturing judicial independence and rule of law in the country. By suspending the Constitution and systematically attacking agents of the judicial institutions and civilian institutions, the country has been pushed towards lawlessness.

With the Human Rights Commission (HRC) of Pakistan now no longer functioning and the government's established institutions now ceasing to operate independently, it has left the victims of violations no remedies at all. I am deeply concerned by the further risk of torture and maltreatment these lawyers and those persons detained will have to suffer. Pakistan has had records of systematic and routine uses of torture as a form of investigation and punishment by their security forces.

To deny the fundamental rights of persons, particularly by unlawfully arresting and detaining them and threatening their right to life by denying them access to medical treatment, is completely unacceptable. There are certain rights to which the government must afford its people, regardless of the existing condition. This, however, ceased to exist there with the state-sanctioned persecution of justices, lawyers, activists and its critics.

Furthermore, I urge you to demand for the unconditional release of the justices, lawyers, activists and persons arrested and under detention. Those under house arrest and in detention should be treated humanely pending their release. The state of emergency should be lifted without further delay, in order for established civilian institutions to function, particularly in addressing the enormous violation of human rights in recent times.

I trust that you will take appropriate action over these concerns.

http://www.pakissan.com

drkhalidmahmood.shouq@gmail.comNOSPAM! ">DR KHALID SHOUQ

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