Key Takeaways
- A new report highlights systemic corruption affecting all levels of the judiciary.
- The 26th and 27th constitutional amendments are called for repeal to restore judicial independence.
- Corruption impacts human rights, including fair trial rights and protection of minorities.
A comprehensive report by the Human Rights Commission of Pakistan (HRCP) and the International Federation for Human Rights (FIDH) has revealed widespread corruption in Pakistan’s justice system. The 32-page document, titled ‘Under the Bench: Mapping corruption risks in Pakistan’s justice system’, details how systemic corruption has affected the independence and effectiveness of the judiciary.
According to FIDH Secretary General Shahindha Ismail, 'This report shows the extent to which corruption has become entrenched in all aspects of the judiciary, and the insidious impacts it has on the enjoyment of human rights.' The report is based on 30 interviews with lawyers, journalists, civil society activists, academics, and judges, highlighting various manifestations of corruption within the judicial system.
The report identifies several key issues contributing to systemic corruption. These include weak administration of justice leading to bribery and corrupt behavior; cultural dynamics that foster favoritism and nepotism; and the erosion of judicial independence, which has resulted in state capture of the superior judiciary. The recent 26th and 27th constitutional amendments have further diluted the limited independence previously enjoyed by the judiciary.
HRCP Secretary-General Harris Khalique emphasized the need for a comprehensive approach to address corruption: 'Eradicating the risks of corruption in the judiciary at all levels will require much more than just increasing judges’ emoluments and perks or installing CCTV cameras in the courtroom — it needs to start with a comprehensive approach to restoring judicial independence and addressing the underlying factors that contribute to inappropriate practices and compromised judicial decisions.'
The report also examines the human rights impacts of corruption, including violations of due process and equality before the law, particularly for low-income communities and minorities. It highlights links between corruption and incidents of torture and capital punishment. Additionally, it notes the impact on gender equality within the legal profession and judiciary.
Among its recommendations, the report calls for the repeal of the 26th and 27th constitutional amendments to restore judicial independence. It also suggests introducing transparent and rule-based case allocation systems and publishing relevant data. Other recommendations include increasing transparency, ensuring accountability for perpetrators, and protecting whistleblowers.
The findings of this report underscore the urgent need for reform in Pakistan’s justice system. The HRCP and FIDH are calling on Pakistani authorities to take immediate action to address these issues and protect fundamental human rights.
'This report shows the extent to which corruption has become entrenched in all aspects of the judiciary, and the insidious impacts it has on the enjoyment of human rights.'
Shahindha Ismail, FIDH Secretary General
'Eradicating the risks of corruption in the judiciary at all levels will require much more than just increasing judges’ emoluments and perks or installing CCTV cameras in the courtroom — it needs to start with a comprehensive approach to restoring judicial independence and addressing the underlying factors that contribute to inappropriate practices and compromised judicial decisions.'
Harris Khalique, HRCP Secretary-General
