Imran Khan Appeals to UN Over Proposed Constitutional Amendments Threatening Judicial Independence
ISLAMABAD – Former Prime Minister of Pakistan and founder of the Pakistan Tehreek-e-Insaf (PTI) party, Imran Khan, has reached out to the United Nations Special Rapporteur on the Independence of Judges and Lawyers regarding proposed constitutional amendments that he claims threaten judicial independence and the rule of law.
Khan is being represented in these global advocacy efforts by British barrister Edward Fitzgerald KC, international lawyer Tatyana Eatwell, and Jennifer Robinson. The appeal highlights concerns that the proposed 26th Amendment could undermine the fundamental rights of citizens, including Khan and his supporters, while entrenching existing impunity for human rights violations perpetrated by security forces.
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Key issues raised in the appeal include the proposed transfer of jurisdiction from the Supreme Court to a new Federal Constitutional Court. This change is seen as detrimental to the enforcement of fundamental rights and the interpretation of the constitution. Furthermore, the process for selecting the top judge of the new court would involve a National Assembly committee meeting privately, raising fears of potential political interference.
Another significant concern is the removal of the ability to judicially review actions taken by the armed forces, which could reinforce systemic impunity within the military.
Khan’s legal team has argued that Pakistan’s justice system is already fragile and has been used to target him, his family, and other PTI leaders through various forms of harassment and intimidation. They emphasize that these amendments aim to diminish the authority of the Supreme Court at a time when the judiciary is already facing significant threats.
The proposed constitutional amendments have drawn widespread criticism from the legal community. Despite ongoing debates about their constitutional validity, the government plans to move forward with the amendments this week.
As Khan remains incarcerated, the UN Working Group on Arbitrary Detention has ruled that his detention is unlawful. His family and supporters continue to call for his release, echoing the demands of organizations such as Amnesty International.
