Human Rights Watch today expressed concern over the military government's characterization of the Nawaz Sharif trial as a fair and transparent process, but welcomed the court's decision not to impose the death penalty.
The decision not to seek the death penalty is a positive step, but Pakistan still has a long way to go in establishing a fair and transparent judicial system," said Mike Jendrzejczyk, Washington director of Human Rights Watch's Asia division. "The appeal process will be a very important test of the system's fairness. It is imperative that the Sharif defense team have a full opportunity to challenge all alleged trial irregularities."
Sharif was sentenced today to life in prison and found guilty of hijacking under the Anti-Terrorism Act after a trial marred by controversy. Last December, as the trial was underway, the military government amended the act to add hijacking and conspiracy to the list of offenses under the act. The intent of these amendments was plainly to facilitate Sharif's trial on these charges under the act. Also in December, the government amended the act to allow for the appointment of a High Court judge, and removed sessions court Judge Rehmat Hussain Jaffery from hearing the case. In January, the replacement judge stepped down, publicly complaining of the presence of intelligence agents in his courtroom. Ultimately, the trial was returned to Jaffery.
In March, Sharif complained that he was not allowed any consultation with his lawyers and alleged that his cell and the armoured personnel carrier in which he was brought to court had been bugged. Also in March, and only days before the final arguments were to be presented in the trial, Sharif's lawyer Iqbal Raad and two of his colleagues were assassinated in their office. Other members of the defense team charged that the government had failed to provide them protection despite repeated warnings that they were being harassed and threatened.
Enacted under the Sharif administration, the Anti-Terrorism Act violates international standards of due process as well as the right to free expression. While Sharif was treated better than some defendants, perhaps because of the international scrutiny the case attracted, courts established under the act are supposed to conduct trials within seven days. Convicted persons have only seven days in which to file appeals, and these too must be heard and decided within a seven-day period. The act criminalizes, among other activities, "distributing, publishing or pasting of a handbill or making graffiti or wall-chalking intended to create unrest or fear" -- an ill-defined provision that could be applied against political speech.
Since coming to power in October 1999, the military government of General Pervez Musharraf has also required all Supreme and High Court judges to take an oath prohibiting them from making any order against the Chief Executive "or any person exercising powers or jurisdiction under his authority." The oaths undermine the independence of the judiciary and immunize officials of the military regime from prosecution.
Sharif was found innocent on charges of attempted murder and kidnapping. Sharif's co-defendants were acquitted on all charges stemming from events on the day of the coup, when a civilian plane carrying army chief of staff General Pervez Musharraf and some 200 other passengers was prevented from landing at Karachi's airport, allegedly on Sharif's orders.
