Pakistan Leaders Stress the Importance of Judicial Independence

In his Gettysburg Address, Abraham Lincoln spoke of our "government of the people, by the people and for the people." Echoing his words, Justice Fakhruddin Ebrahim, former judge of the Supreme Court of Pakistan, expressed the similar aspiration of the Pakistani people for their governing system in a panel discussion, "Justice and the Rule of Law: The Case on Pakistan," during the March ABA International Law Spring Meeting in New York City.

Ebrahim was joined by Justice Nasira Iqbal, former judge of the Lahore Court, and Douglass Cassel, human rights law professor at the University of Notre Dame. William H. Neukom, president of the ABA, moderated the session.

The panelists shared the challenge of reaching the aspirations of Lincoln. The Constitution of Pakistan was established in 1973 after 25 years of consensus building. President Pervez Musharraf brazenly suspended it twice since coming to power in 1999. Moreover, last November, he declared a state of emergency after implementing amendments to increase his power and disabling the independence of the judicial system. Both panelists from Pakistan agreed that to restore order, the independence of the judiciary must be re-established, the original Constitution needs to be reinstated without Musharraf's amendments, and a formal trial of Musharraf needs to occur.

Pakistani leaders emphasized how important the moral support of the ABA and similar organizations has been in attracting media attention to the turmoil in Pakistan. This attention inspired the people of Pakistan to oust Musharraf from office and facilitated the release of judges who were detained by the former President.

Besides the proper restoration of government, the War on Terror was another focus of discussion. Both Pakistani leaders agree that fighting terrorism is important, but believe it should be done in a manner that is less destructive since their people are on the frontlines of the conflict. Iqbal hopes that America reevaluates its approach to fighting terrorism, as the current tactics in Pakistan are diminishing its economy, the rule of law and its people's perspective on America.

In response, Cassel explained the U.S. administration's reaction to the events in Pakistan. He said the U.S. government hesitated in taking a public stance against Musharraf because he has been a key player in complying with U.S. tactics on the War on Terror and with their search for Osama Bin Laden and Al Queda in the tribal areas of Pakistan. However, to "stick with a sinking ship and abandon our principles for this reason is unacceptable," he stated.

Neukom closed the session with a quote by Benjamin Franklin. "Those who would give up essential liberty to purchase a little temporary safety, deserve neither liberty nor safety."