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its efforts to fights corruption wherever it occurs, particularly in connection
with the administration of justice.
♦ The Government of Pakistan and all the provincial governments should
significantly increase the funds allocated to the judiciary in order to improve
the equipment of courts, particularly district courts, and to further raise the
salaries of judges (and other personnel of the courts, as the case may be).
♦ In the appointment and promotion of judges the influence of the Bar
ought to be increased.
♦ All authorities involved in the appointment and promotion of judges
should make it a principle that persons of highest competency, integrity and
independence are appointed; other important considerations, such as achieving
gender balance, should also be integrated.
♦ A code of ethics for lawyers, consistent with protecting the
independence of legal profession and the role of lawyers at all levels ought to
be elaborated and adopted (where one does not already exist), and rigorously
implemented, primarily by the Bar Councils and, if need be, by the courts.
♦ The Supreme Court should establish precise rules as to the composition
and allocation of cases to Chambers.
UN Special Rapporteur
The UN Special Rapporteur on the Independence of Judges and Lawyers,
who visited Pakistan for 11 days in May, also touched on the subject and
called for clear criteria to guide the use of suo motu powers by the judiciary.
In her preliminary report, Ms Gabriela Knaul commended the use of the
inherent powers of the Supreme Court in cases related to gross human rights
violations, like that of enforced disappearances in Balochistan. In some cases
the court was upholding human rights law and contributing to combating
impunity. However, the absence of proper guidelines could undermine the suo
motu jurisdiction and jeopardize timely disposal of pending cases.
Referring to other issues covered by her mandate, she urged the government
to bring the whole of Pakistan under the jurisdiction of the superior courts and
said the existence of a parallel superior court (the Federal Shariat Court) created
an ambiguity. This left space for interpretations which might be contradictory,
she said.
She also expressed concern over cases under the “so called blasphemy
law”, and referred to judges being coerced and the lawyers’ being reluctant
(out of fear) to take up defence. Poor quality of investigations by the police
also was a matter that caused concern.
As the first holder of a UN Human Rights Council’s special procedure
mandate to visit Pakistan, Ms Knaul expressed the hope that Pakistan would
keep its doors open to other rapporteurs who had expressed interest in visiting
31
State of Human Rights in 2012