Pakistan: Information on the judiciary system (structure of its various courts, influence of the executive, appeal system)

The civil judicial system, modelled after the British system, provides for open trials, cross-examination, defense for the accused, and appeal of sentences. There are no juries. Because of the limited number of judges, outdated procedures, and an existing backlog of cases, cases can drag on for years (Country Reports 1990 Feb. 1991, 1590; Critique 1990 1991, 182).

The judicial system of Pakistan is structured more or less as follows:

 Supreme Court

 (Supreme Court Shariat Bench)

 / \

 High Court Federal Shariat Court

                 (FSC)

 \ /

 \ /

 Sessions Courts

 |

 Magistrates Courts

The Federal Shariat Courts (FSC) were instituted in 1980. Offences to the 1979 Hudood Ordinances, enforced in 1980 to bring the law in conformity with the injunctions of Islam, are tried before regular criminal courts in the first instance and can then be appealed to the appellate FSCs. For further information on the FSCs, please refer to the attached excerpt from The Hudood Ordinances: Divine Sanction? (Jahangir & Jilani June 1990, 24-25; Critique 1990 1991, 182).

In addition to this system, special courts and tribunals have been created.

According to Country Reports 1990, in 1987, the Pakistani government established Special Courts for Speedy Trials for cases related to public disturbance (Feb. 1991, 1591-1592). In August 1991, a constitutional amendment was passed providing for the setting up of 11 Special Courts for Speedy Trials. In an Urgent Action press release issued on 1 November 1991, Amnesty International expressed its concern that these courts do not conform to international standards for fair trial. Furthermore, in October 1991, Prime Minister Nawaz Sharif announced that those sentenced to death by these Special Courts would be hanged in public. Amnesty International reported one case of a death sentence awarded by these courts in September 1991 (AI Index: ASA 33/19/91).

Country Reports 1990 also indicates that special tribunals had been instituted by President Ishaq Khan in 1990 to investigate corruption by members of the Bhutto government. The reports add that up to the end of 1990, no politician had been convicted of wrongdoing, and therefore disqualified by the tribunals (Feb. 1991, 1592). In their critique of the Country Reports, Human Rights Watch and the Lawyers Committee for Human Rights added that a number of cases, including charges against Benazir Bhutto, were still pending (Critique 1990 1991, 183).

Martial law was lifted in 1985. Country Reports 1990 indicated that in August 1989, 700 cases of death sentences awarded by martial law courts had been examined by a review board, which recommended the release of 69 prisoners. Under Bhutto's amnesty program in December 1988, thousands of prisoners were also released, including political prisoners convicted by special military courts under martial law (Feb. 1991, 1593).

According to the Critique 1990, there is government pressure on magistrates in criminal cases (182; Country Reports 1990 Feb. 1991, 1590). In July 1990, Reuters reported that President Ishaq Khan had issued decrees allowing secret summary trials of people accused of violence (10 July 1990; 18 July 1990).

For your information, on 2 August 1991, the Pakistani government decided to amend the Blasphemy Law (The Nation 2 Aug. 1991; The Associated Press 2 Aug. 1991; Reuters 1 Aug. 1991). Under Article 295(b) of the Pakistan Penal Code,

"Whoever wilfully defiles, damages or desecrates a copy of the Holy Qur'an of an extract therefrom or uses it in any derogatory manner or for any unlawful purpose shall be punishable with imprisonment for life." (Angam, Chapter XV, Article 295(b), 222).

The amendment to this Article now provides for a death sentence exclusively (The Nation 2 Aug. 1991; The Associated Press 2 Aug. 1991; Reuters 1 Aug. 1991).

For further information on the judicial system of Pakistan, please refer to the attached documents.

 Bibliography

Angam, Ahsan Sohail. 1984. Pakistani Penal Code. Lahore: Mansoor Book House.

Amnesty International. (AI Index: ASA 33/19/91). "Death Sentence/Public Hanging."

The Associated Press. 2 August 1991. "Death by Hanging Mandatory for Defaming Prophet."

Human Rights Watch & Lawyers Committee for Human Rights. 1991. Critique: Review of the Department of State's Country Reports on Human Rights Practices for 1990. New York: Human Rights Watch and the Lawyers Committee for Human Rights.

Jahangir, Asma & Jilani, Hina. June 1990. The Hudood Ordinances: Divine Sanction? Lahore: Rhotas Books.

The Nation [Lahore]. 2 August 1991. "Death for Showing Disrespect to Prophet."

Reuters. 1 August 1991. "Pakistani Government Seeks Death for Blasphemers of Mohamad."

. 18 July 1990. "Pakistani Assembly Amends Constitution Without Debate."

. 10 July 1990. Malcolm Davidson. "Pakistan Minister Defends Draconian Powers to Tackle Violence."

U.S. Department of State. February 1991. Country Reports on Human Rights Practices in 1990. Washington: U.S. Government Printing Office.

 Attachments

Angam, Ahsan Sohail. 1984. Pakistani Penal Code. Lahore: Mansoor Book House.

Amnesty International. (AI Index: ASA 33/19/91). "Death Sentence/Public Hanging."

. (AI Index: ASA 33/18/91). "Amputation Sentences."

The Associated Press. 2 August 1991. "Death by Hanging Mandatory for Defaming Prophet."

Human Rights Watch & Lawyers Committee for Human Rights. 1991. Critique: Review of the Department of State's Country Reports on Human Rights Practices for 1990. New York: Human Rights Watch and the Lawyers Committee for Human Rights.

Jahangir, Asma & Jilani, Hina. June 1990. The Hudood Ordinances: Divine Sanction? Lahore: Rhotas Books. The Nation [Lahore]. 2 August 1991. "Death for Showing Disrespect to Prophet."

Reuters. 1 August 1991. "Pakistani Government Seeks Death for Blasphemers of Mohamad."

. 10 July 1990. Malcolm Davidson. "Pakistan Minister Defends Draconian Powers to Tackle Violence."