Urge Congress to Support Reinstatement of Pakistani Judges

Date Issued: April 21, 2008

Since the imposition of martial in Pakistan last November, many of you have taken action in support of efforts to roll back attacks on the courts and constitution in that country.

The February elections in Pakistan marked a new beginning following martial law, demonstrations, and the assassination of former Prime Minister Benazir Bhutto. Since then the new government has taken some important steps to reverse the damage to the rule of law, and specifically towards reinstatement of the dozens of senior judges dismissed by President Musharraf:

• On March 9, the leaders of the two major parties pledged to issue a resolution reinstating the judges within 30 days of forming a government.
• On March 24, newly-elected Prime Minister Gilani ordered the release of the judges still under house arrest.

However, the new government still has work to do. President Musharraf is strongly opposed to reinstatement of the judges, and internal disagreements within the new government may cause additional delays. The nascent government needs to know that the international community, including the United States government, supports the progress so far and hopes to see truly independent courts.

The Pakistani government will address the question of the judges this week, so please act quickly to urge your representatives in Congress to sign on to a letter to the Prime Minister expressing support for the lawyers' movement and for initiatives to restore an independent judiciary and rule of law in Pakistan.

Background

Click here to learn more about the crisis in Pakistan.

Sample Letter:

Dear Member of Congress:

I I am writing to urge you to sign on to an important letter to the new Prime Minister of Pakistan, Yousuf Raza Gilani, supporting his efforts to promote an independent judiciary. Circulated by Representatives Zoe Lofgren (D-CA) and William Delahunt (D-MA), the letter recognizes the courage of the judges, lawyers, and other activists who opposed attacks on judicial independence and rule of law. The letter further notes the importance of judicial independence to the protection of human rights and political liberties and to the promotion of common U.S.-Pakistan interests.

Notwithstanding the lifting of martial law, followed by elections that brought a coalition of opposition parties to power, the courts remain composed of judges who were hand-picked by President Musharraf during martial law and who were willing to take an extra-constitutional oath of office. Furthermore, President Musharraf enacted last-minute amendments making many measures permanent and prohibiting judicial review of his orders and actions.

Establishing an independent judiciary will be essential to reversing these repressive measures and providing a remedy for violations that occurred pursuant to martial law. Independent courts are also necessary to respond credibly to acts of violence, including the assassination of Benazir Bhutto and its aftermath; to resolve the rise in "disappearances" that the deposed Supreme Court had begun to address; and to achieve long-term stability as a rights-respecting, democratic nation and an effective ally of the U.S.

The new government has taken several important steps toward reinstating the judges and restoring constitutional rule of law. On March 9, the leaders of the two major parties announced their intention to issue a resolution supporting reinstatement of the judges within 30 days of forming a government. On March 24, Prime Minister Gilani ordered the release of those judges still under house arrest.

However, obstacles remain, including disputes among the leadership and within the lawyers' movement. These setbacks are aggravated by the Bush Administration's lack of support for reinstatement of the judges. Administration officials have admitted to silence on the issue and there have even been reports that U.S. officials have privately pressured the Pakistani government not to reinstate all of the judges.

As a result, there is an urgent need for Congress to publicly demonstrate support for the new Pakistani government's efforts. The Pakistani public pays close attention to what the U.S. Congress and Administration say-and fail to say-with respect to the ongoing judicial crisis in Pakistan. The Pakistani press often reports the remarks by Members of the House and Senate in detail, and recent resolutions introduced in Congress have also garnered substantial media attention in Pakistan. Signing the letter is an important way to encourage progress toward achieving judicial independence in Pakistan.

To see a copy of the letter or to sign it, please contact Jonathan Prutow in Congresswoman Zoe Lofgren's office.

Sincerely,

Constituent