British lawyers are united in their condemnation of the treatment of lawyers in Pakistan and the dismissal of the Chief Justice and are calling for the re-instatement of the rule of law and the Constitution.
In the past 24 hours strong criticism of General Musharraf’s declaration of a state of emergency and the treatment of the legal profession has come from the Bar Council of England and Wales, Association of Muslim Lawyers, the Law Society of England and Wales, Justice and the Haldane Society of Socialist Lawyers, among others.
The suspension of the rule of law comes in the run-up to the scheduled elections, which are due to take place in January next year. Demonstrations by lawyers within Pakistan over the past two days in support of the rule of law have been repressed by the police.
Geoffrey Vos, QC, said: “The sacking and arrest of Chief Justice Iftikhar Chaudhry is especially reprehensible”. He added that he “noted with concern the Chief Justice’s message to lawyers on Tuesday. I take him at his word when he says that the Supreme Court followed the Constitution and the law in making all its decisions about the forthcoming elections, and that the Constitution has been ‘ripped to shreds’.
“I have set out my concerns in a letter sent to the Pakistan High Commissioner to the United Kingdom and await an urgent response.”
Andrew Holroyd, the president of the Law Society, said: “Events in Pakistan must be of concern to everyone who supports the rule of law, and they underline once again that the rule of law is nothing without lawyers.
“I can think of no starker demonstration of this commitment to the law than the extraordinary courage, fortitude and bravery of the lawyers we see in Pakistan. They have rightly demonstrated against the government measures. The suspension of the Constitution, the denial of fundamental rights and repeated attacks on the judiciary removes any semblance of a just and civilised society.”
He said that he had “written to President Musharraf on behalf of the Law Society, to urge him to re-instate the Constitution, lift all restrictions on the judiciary, to release those lawyers held in detention and allow lawyers to exercise their freedom of expression and assembly”.
Ifath Nawaz, chairman of the Association of Muslim Lawyers (AML), said: “The AML continues to be deeply concerned by the appalling events unfolding in the Islamic Republic of Pakistan since the declaration of emergency and the suspension of the Constitution. It has not gone unnoticed that since this declaration was issued courts, judges and lawyers in particular have been targeted. The ability of lawyers to conduct their work without fear, favour and prejudice remains one of the cornerstones of any free and civilised society.”
The association called on the Government of Pakistan to end emergency rule and to “respect judicial processes, reinstate the judiciary, adhere to the rule of law and return to governance in accordance with the Constitution”.
The Haldane Society of Socialist Lawyers, whose vice-presidents include Baroness Kennedy of the Shaws, QC, Louise Christian, and Professor Lord Wedderburn, QC, has also noted “with horror” the abusive treatment “meted out by the military regime to the courageous lawyers and human rights workers who have been in the forefront of Pakistan’s campaign for democracy in recent months”.
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