Imran Khan seeks UN's support against proposed constitutional amendments

Imran's legal team warns that amendments threaten rule of law and entrench impunity for human rights violations.


News Desk October 08, 2024
PTI founder Imran Khan. PHOTO: FILE

Imran Khan, the founder of the Pakistan Tehreek-e-Insaf (PTI), has filed an urgent appeal with the United Nations Special Rapporteur on the Independence of Judges and Lawyers, Margaret Satterthwaite.

This move comes as the Pakistani government aims to pass significant amendments to the Constitution that pose serious threats to the rule of law and judicial independence.

Imran Khan's appeal was submitted by international legal counsel Edward Fitzgerald KC, Tatyana Eatwell, and Jennifer Robinson, who were instructed by Imran Khan's family to engage with the UN and advocate for his rights.

The appeal highlights the proposed 26th Amendment, which would strip the Supreme Court of its jurisdiction and transfer it to a new Federal Constitutional Court.

This would include matters related to the protection of fundamental rights and constitutional interpretation, raising alarms about political interference in the judiciary.

"The proposed amendments are clearly aimed at removing the jurisdiction and powers of the Supreme Court, at a time when the judiciary in Pakistan is already under threat," said Edward Fitzgerald.

He emphasised that the amendments would entrench existing impunity for human rights violations committed by military and security forces.

Further, the proposed changes would allow a National Assembly Committee to select the Chief Justice of the new court in private meetings, undermining public scrutiny and transparency in judicial appointments.

This is particularly concerning in the context of Imran Khan's ongoing legal challenges, including government plans to try him in a military court.

The amendments would severely limit his ability to contest the spurious criminal cases brought against him since he was ousted from office in April 2022.

Imran Khan has been imprisoned since August 2023, facing numerous fabricated charges.

The UN Working Group on Arbitrary Detention declared his detention unlawful earlier this year, and Amnesty International has called for his immediate release.

The urgent appeal argues that the amendments would significantly undermine not only Imran Khan's rights but also the fundamental rights of all citizens in Pakistan.

The backdrop to these developments includes a deteriorating justice system characterised by prosecutorial harassment and the systematic targeting of Imran Khan, his family, and PTI supporters.

The media has been restricted from mentioning Imran Khan's name, and numerous journalists have faced abduction and torture for their reporting.

Legal professionals in Pakistan have widely condemned the proposed amendments.

Despite this backlash, the government plans to push the amendments through Parliament this week, raising questions about the constitutional validity of the voting arrangements.

As the situation unfolds, Imran Khan and his legal team are urging the Special Rapporteur to intervene and communicate with Pakistani authorities regarding the urgent threat posed by the proposed amendments to judicial independence.

Amendments aim to extend terms of 'three umpires': Imran Khan

Imran Khan, the founder of Pakistan Tehreek-e-Insaf (PTI), alleged that the government was pursuing constitutional amendments to extend the tenures of three high-ranking officials, including Chief Justice Qazi Faez Isa, the Chief Justice of the Islamabad High Court, and the Chief Election Commissioner.

Speaking to the media from Adiala Jail, Khan claimed that despite previous political defeats, the government was now resorting to these changes to protect fraudulent election results and shield those in power.

He accused the authorities of attempting to manipulate the constitution for their benefit.

Imran Khan expressed concerns that if Chief Justice Isa were removed from his position, investigations into the events of May 9 and the alleged rigged elections would be initiated.

He lamented the government's failure to address the fallout from those protests, asserting that they were making concerted efforts to dismantle his political party.

He pointed out that prior to May 9, he had already faced over 140 legal cases, and the attempts to eliminate him intensified after that date.

Imran Khan maintained that a new chief justice could reveal the truth behind the events of May 9, further exacerbating the government's troubles.

In his statement, Imran Khan criticised the government's actions as detrimental to Pakistan's judicial and electoral processes.

He claimed that the delay in tribunal decisions regarding the February 8 elections illustrated a systematic effort to undermine the integrity of the judiciary.

He warned that such constitutional changes were not only politically motivated but also represented a direct attack on the rule of law in the country.

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