This week thousands of lawyers in Pakistan protested the the firing of the country's Supreme Court Justice's and the imposition of emergency rule in the country. Commentators have suggested that the reason lawyers are protesting is because they are middle class and can financially afford the risk of being arrested. I would add that they may have also been inspired by Musharraf's firing of the Pakistan's Supreme Court justices.
Not to be left out, the New York City Bar Association sent a letter to Musharraf urging him to reverse his decision to fire the justice's. I am certain that Musharraf is now sitting at home in his pajamas/uniform and reconsidering his decision. "Hmmm, maybe these fancy, shamncy New York lawyers have a point. I mean, here in Pakistan lawyers went on strike, took to the streets, and some were even arrested. But this letter from the NYC Bar Association, now that's something. I'm convinced! Bring back the Supreme Court."
Here is the letter. It is also available at nytimes.com
We write to you today to express the Association’s grave concerns regarding the situation in Pakistan. In suspending the Constitution by a Provisional Constitutional Order, you have severely damaged the balance between security and freedom that was tenuous at best since the original suspension of Chief Justice Iftikhar Muhammed Chaudhry in March of this year.
The Pakistani police have apparently exacerbated this perilous situation by mistreating peaceful protesters. We would remind you that Article 16 of the Pakistani Constitution, in accordance with international human rights standards, guarantees “the right to assemble peacefully and without arms.” However, the protesters, many of whom are lawyers, have relied on this right since protests began and have been violently suppressed and arrested as a result. Reports of pre-emptory arrests, public beatings, and actions taken to stifle press outlets that have broadcast photographs and news of police violence against lawyers have generated outrage within the legal community and among concerned citizens around the world. We are particularly alarmed that such a situation, if allowed to continue, will escalate to the point where many years are required before Pakistan’s constitutional order is restored.
Freedom of the press, freedom of speech and the freedom to assemble peacefully are cornerstones of democracy. However, in the last few days, your government has silenced private news outlets, arrested those who would voice their opposition to your emergency rule, and watched without condemnation as human rights workers, lawyers and other civilians have been beaten and detained.
Likewise, an independent judiciary is vital for the maintenance of a democratic society. By removing the sitting justices of the Supreme Court and replacing them with judges newly appointed under the Provisional Constitutional Order, you have undermined any claim of judicial independence.
Finally, a transparent electoral process is necessary to maintain a polity that reflects the ideas, opinions, and concerns of its citizens. Unfortunately, your government’s treatment of individuals who would question it and the declaration of emergency rule make it appear exceedingly unlikely that Pakistan will enjoy fair elections even after emergency rule is lifted.
The Association, as an organization of lawyers, perceives the actions that you have taken against lawyers and the judiciary as naked attempts to purge the legal system of people and institutions that resist governmental pressure. We strongly urge you to reverse these actions by reestablishing a constitutional order respectful of the rule of law. At the same time, we also urge the release of people being detained by the police without charge. Reports of police torture are exceedingly troubling, as are reports that judges and lawyers in the government’s custody are being denied necessary medical assistance. Only when you lift emergency rule and reinstate the Constitution will Pakistan have the chance to recover its reputation as a great country.
