Amnesty International condemned Pakistan’s 27th Constitutional Amendment as a “concerted and sustained attack” on judicial independence, fair trials, and the rule of law, demanding an urgent review to align with international human rights standards.
In a Tuesday statement, the group warned the amendment creates a Federal Constitutional Court (FCC) that lacks independence, erodes judges’ tenure security, and shields the president and military chiefs from accountability. The 27th Amendment overhauls judicial and military structures, making FCC rulings supreme over courts like the Supreme Court, while giving the executive sway over appointments and transfers.
It also grants broad immunity to the president and top brass, drawing fire for weakening checks and balances. “The twenty-seventh constitutional amendment is the crescendo of a concerted and sustained attack,” Amnesty stated, noting its rushed passage without input from civil society, lawyers, or opposition—despite President’s signing.
Judicial backlash followed: Supreme Court Justices Mansoor Ali Shah and Athar Minallah resigned in protest, with Shah calling it a “serious attack on the Constitution.” Lahore High Court Justice Shams Mehmood Mirza followed suit.
Key Concerns
- Appointments and Transfers: President appoints initial FCC judges on PM’s advice, bypassing the Judicial Commission of Pakistan (JCP); high court judges can be transferred without consent, risking politicization.
- Military Immunity: Lifetime protections violate equality and remedies, enabling unchecked power.
- Prior Erosion: Builds on the 26th Amendment’s JCP changes, which added MPs and shifted powers to now-abolished benches. See: In Pakistan, even judges are now under trial and Pakistan’s legal system still treats citizens as subjects.
Amnesty highlighted broader assaults, including a 2024 letter from six Islamabad High Court judges on intelligence intimidation in Imran Khan cases, threats, smears, and Justice Tariq Mehmood Jahangiri’s removal.
UN’s Volker Türk echoed concerns over its hasty adoption. Amnesty urged safeguarding judges’ independence, safety, access to justice, and separation of powers.
