Human rights group Amnesty International on Tuesday said the 27th Constitutional Amendment was the “crescendo of a concerted and sustained attack on the independence of the judiciary, right to fair trial and the rule of law in Pakistan, calling for an urgent review of the legislation.
The 27th Amendment, passed by Parliament after five days of heated debate, opposition protests, and last-minute revisions, was widely criticised for abolishing judicial independence through the formation of a Federal Constitutional Court (FCC) and introducing changes to the military leadership structure by rewriting Article 243 of the Constitution (command of the armed forces).
In a statement issued on Tuesday, the rights body said the Amendment was a “crescendo of a concerted and sustained attack on the independence of the judiciary, right to fair trial and the rule of law in Pakistan”.
It called on authorities to conduct an urgent review of the Amendment to “ensure that all its provisions fully comply with Pakistan’s international human rights law obligations and commitments”.
It added the Amendment “insulates the president and heads of the naval, armed and air forces from accountability”.
“The Pakistani authorities must immediately take all appropriate measures to safeguard the impartiality, independence and safety of judges, ensuring that they can carry out their judicial functions without any inappropriate or unwarranted interference and any restrictions, improper influences, pressures and threats, direct or indirect, from any quarter or for any reason,” the rights body said.
It noted that the Amendment violated “international human rights law, particularly undermining the independence of the judiciary, right to fair trial and justice and accountability”.
It urged Pakistani authorities to “uphold their international human rights obligations, effectively protect the human rights of everyone in the country, and ensure access to justice and effective remedies for victims, as well as respect the separation of powers and the rule of law”.
Amnesty maintained that the 27th Amendment had ensured the establishment of the FCC, which “lacks independence, erodes judges’ security“.
It noted that despite the Amendment’s “far-reaching consequences”, it was passed through Parliament with “no consultation with civil society and opposition parties”.
It recalled that on the day the Amendment was signed into law, two senior judges of the Supreme Court — Justices Mansoor Ali Shah and Athar Minallah — had resigned. It added that two days later, a Lahore High Court had also resigned, referring to ex-judge Shams Mehmood Mirza.
The rights body said the 27th Amendment “further erodes judicial independence,” which it maintained had been “already weakened” by the 26th Constitutional Amendment, which was passed in 2024. It noted that the 26th Amendment was “passed with similar haste, in less than 24 hours in October 2024”.
More to follow.
