AJS Statement on Pakistan

Neal R. Sonnett, AJS Immediate Past President and Chair of the AJS Task Force on Judicial Independence, issued the following statement on November 9, 2007, in response to developments in Pakistan, including President Musharraf’s suspension of the constitution, purging of the supreme court, and detention of hundreds of lawyers: 

AJS Statement on Pakistan
November 9, 2007 

For centuries, enemies of democracy and individual freedoms have targeted the judiciary and legal profession for repression, in turn destroying the rule of law and solidifying in the hands of the few power and control over the people. 

The American Judicature Society has worked to protect and promote an independent judiciary and effective legal system for nearly 100 years.  

AJS is deeply concerned about the suspension of the Pakistan constitution by President Musharraf, the arrest of thousands of lawyers, and the dismissal and detention of Supreme Court judges. Such autocratic attempts to silence lawyers and quash the independence of the judiciary pose a serious threat to the rule of law. 

AJS applauds the lawyers and Supreme Court judges of Pakistan, who risk their own personal liberty by standing between the abuse of power and the rights of the people to preserve their country’s constitutional principles for the benefit of its 164 million citizens. 

AJS encourages leaders and citizens of democracies across the globe to defend the principle of the rule of law and speak out against these actions, and we call upon President Musharraf to immediately and fully restore judicial independence and the rule of law. 

Neal R. Sonnett
Immediate Past President
Chair, Task Force on Judicial Independence
American Judicature Society

The American Bar Association also issued a statement on the events unfolding in Pakistan:

 Text of ABA Statement on Pakistan
 
Since Saturday, President Pervez Musharraf of Pakistan has suspended the national constitution, detained eight members of the Supreme Court and arrested more than 1,500 Pakistani lawyers.
 
This is a profound breach of the rule of law. The American Bar Association urges President Musharraf to rescind these actions immediately.
 
Courts are society’s referees. A judiciary that can impartially apply fair rules, without outside interference, is a cornerstone of lawful government.
 
President Musharraf sought to justify his actions by citing the threat of terrorism. But shutting down a nation’s lawful institutions of justice will hurt, not help, the fight against terrorism.
 
 The ABA, which represents more than 413,000 members worldwide, has a longstanding commitment to advancing the rule of law. When a nation’s Constitution is suspended, and its Supreme Court is shut down, that is a blow to the rule of law everywhere.
 
The ABA therefore calls on all governments, bar associations and other civil society organizations to support the rule of law, by using every peaceful, legal means to persuade President Musharraf to restore justice to the people of Pakistan.

ABA President William H. Neukom, on December 13 will present a petition signed by concerned lawyers and judges to Pakistan’s Ambassador in Washington, D.C. To view the petition, visit: http://www.abavideonews.org/ABA495/sign.php Neukom also led a march of several hundred lawyers in Washington, D.C., on November 14 in a show of solidarity with the lawyers and judges of Pakistan.

Since the release of the AJS statement, Pakistan President Musharraf, under intense diplomatic pressure, has promised to hold elections in January and has stepped down as army chief.