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Fri: The International Bar Association’s Human Rights Institute (IBAHRI) today welcomed the decision of the Supreme Court of Pakistan that the Chief Justice of Pakistan, Mohammad Iftikhar Chaudhry, should be restored to his full judicial powers and that the action taken against him by President Musharraf was unconstitutional.

The IBAHRI sent a high-level international delegation to Pakistan in May and released its report last week. Delegation member and IBA Programme Lawyer Dr Phillip Tahmindjis said, ‘Today’s decision will help strengthen respect for the rule of law in Pakistan . Our report recommended the restoration of the Chief Justice to power and a withdrawal of the president’s complaint. Both have now happened.’

Chief Justice Chaudhry was removed on 9 March in a process which the IBAHRI report criticised as being done with ‘undue haste’. The Chief Justice was then held incommunicado for several days, was not allowed to consult with his legal counsel and was not informed of the precise allegations against him. He was also manhandled by the police. Lawyers in Pakistan rioted in support of the Chief Justice.

Dr Tahmindjis added, ‘Due process and respect for human rights, including the right to freedom of association and freedom of the media, have been lacking in Pakistan . The Supreme Court’s decision indicates a way back to respect for these in Pakistan .’

The IBAHRI report, entitled The Struggle to Maintain an Independent Judiciary: A Report on the Attempt to Remove the Chief Justice of Pakistan, contains 18 recommendations.

Click here to download the Executive Summary.

Click here to download the full report.

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