Imran Khan Appeals to UN Against Proposed 26th Amendment to Pakistan’s Constitution
ISLAMABAD: Imran Khan, the founder chairman of Pakistan Tehreek-e-Insaf (PTI), has filed an urgent appeal with the United Nations Special Rapporteur on the Independence of Judges and Lawyers concerning the proposed 26th Amendment to the Constitution of Pakistan. This amendment is expected to be tabled in Parliament this week.
Khan’s appeal was submitted to UN Special Rapporteur Margaret Satterthwaite by legal representatives Edward Fitzgerald KC, Tatyana Eatwell, and Jennifer Robinson, who have been appointed by Khan’s family for international advocacy.
The appeal highlights the potential risks posed by the proposed amendment, particularly regarding the independence of the judiciary, the rule of law, and the fundamental rights of the people of Pakistan, including Khan and his supporters. It alleges that the amendment could reinforce impunity for human rights violations by security forces.
Key changes outlined in the appeal include:
- Removal of Supreme Court Jurisdiction: The amendment proposes transferring jurisdiction from the Supreme Court to a new Federal Constitutional Court, affecting the enforcement of fundamental rights and constitutional interpretation.
- Judicial Appointments: It suggests that a new National Assembly committee would select the chief justice of the Federal Constitutional Court in private meetings, raising concerns about political interference in judicial appointments.
- Limiting Judicial Review: The proposed changes would restrict the judiciary’s ability to review actions taken by Pakistan’s security services, further entrenching systematic impunity.
- Impact on Imran Khan: If enacted, these amendments would significantly hinder Khan’s ability to contest legal cases against him, including potential military court trials, thereby undermining judicial independence and civil liberties in Pakistan.
The appeal calls for the Special Rapporteur to urgently communicate with Pakistan regarding these proposed amendments.
The backdrop to this situation is a precarious justice system in Pakistan, characterized by targeted abuse against Khan, his family, and PTI leaders. Reports indicate systemic prosecutorial harassment, arbitrary detention, and human rights violations, including torture and enforced disappearances.
Since being ousted from office on April 10, 2022, Khan has faced numerous legal challenges, including charges stemming from his criticisms of state institutions. His imprisonment since August 2023 has drawn international scrutiny. In June 2024, the United Nations Working Group on Arbitrary Detention deemed his detention unlawful and arbitrary. Furthermore, Amnesty International has called for his immediate release.
The proposed constitutional amendments have faced widespread criticism from legal experts in Pakistan, yet the government is pushing to pass them despite ongoing debates about their constitutional validity. Legal representatives for Khan emphasize that these changes threaten judicial independence and the protection of fundamental rights in Pakistan.
