February 1, 2000
February 1, 2000
Contact HRF Communications (212) 845 5245 media@humanrightsfirst.orgRights Group Condemns Dismissal of Pakistani Judges
Attack on Independent Judges Should Inform Clinton Decision
New York—Human Rights First condemned the dismissal this week of senior Pakistani judges who refused to take an allegiance oath to the military regime led by General Pervez Musharraf. The Oath of Judges Order 2000 required the judges to take a fresh oath of office swearing allegiance to emergency provisions enshrining military rule, at the expense of Pakistan’s constitution. Under the new order, judges must swear that they will make no decisions against the military government. "The regime has removed one of Pakistan’s key safeguards against dictatorship by outlawing constitutional review of military rule," said Robert O. Varenik, Director of Human Rights First’s Protection Program.
All judges who refused to take the new oath, including Chief Justice Saiduzzaman Siddiqui and 13 Supreme Court judges, have been dismissed. The oath appears to require judges to obey the edicts of the military government at the expense of Pakistan’s constitution. General Musharraf seized power on October 12, 1999, citing widespread corruption in government.
The allegiance oath is the latest sign that General Musharraf is failing his stated intention to uphold democratic principles and international law. Following the October 1999 coup, General Musharraf suspended parliament and issued emergency constitutional provisions, Provisional Constitutional Order (PCO) No. 1 of 1999. The Oath of Judges Order 2000 was issued a week before one of the dismissed judges, Chief Justice Siddiqui, was scheduled to hear a case contesting the legitimacy of the October military takeover. "This oath of allegiance requires judges to foreswear their independence and their allegiance to Pakistan’s constitution. Judges who have refused should be lauded, not removed from office" stated Varenik.
President Clinton should insist that Pakistan show concrete signs of restoring the independence of judges before adding a visit to his planned trip to India and Bangladesh in March. "President Clinton should be wary of visiting as long as Pakistan’s government undermines the independence of the judiciary and the rule of law," stated Varenik. "A trip to Pakistan after the dismissal of these judges would put international imprimatur on the General Musharraf’s antidemocratic acts."