Former Pakistani Prime Minister and PTI founder Imran Khan has sought the intervention of the United Nations Special Rapporteur on the Independence of Judges and Lawyers regarding proposed amendments to the Constitution. British barrister Edward Fitzgerald KC, international lawyer Tatyana Eatwell, and Jennifer Robinson are representing the cricketer-turned-politician in global advocacy efforts.
The appeal highlights concerns over the proposed 26th Amendment, which poses a threat to judicial independence, the rule of law, and fundamental rights, particularly those of Khan and his supporters. It warns that the amendments could entrench existing impunity for human rights violations committed by security forces.
One major concern is the transfer of jurisdiction from the Supreme Court to a newly created Federal Constitutional Court, affecting the enforcement of fundamental rights and the interpretation of the Constitution. The chief judge of this new court would be selected by a National Assembly committee that meets in private, raising fears of political interference in judicial appointments.
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Additionally, the amendment would remove the ability to judicially review actions taken by the armed forces, reinforcing systemic impunity.
Khan’s legal team argues that Pakistan’s justice system is already fragile, with the PTI founder, his family, and party leaders facing various forms of harassment and mistreatment. The appeal also warns that the amendments aim to weaken the Supreme Court’s authority at a time when the judiciary is already under threat.
The legal fraternity has widely criticized the proposed amendments, but the government plans to move forward with them despite ongoing debates about their constitutionality. While Imran Khan remains behind bars, with the UN Working Group on Arbitrary Detention deeming his detention unlawful, his family and supporters continue to call for his release, supported by organizations such as Amnesty International.