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Publications Bar Associations Worldwide, and in US Comment on Pakistan
Beverly Hills Bar Association To: President Bush RE: Pakistan and the Suspension of National Constitution and the Arrest of Pakistani Lawyers Dear Mr. President: The Beverly Hills Bar Association, with approximately 4,000 members, has long been in the forefront of protecting human rights and advocating for an impartial and fair judiciary. Recent events in Pakistan, where President Pervez Musharraf suspended the national constitution, detained eight members of the Supreme Court, and arrested more than 1,500 Pakistani lawyers, deeply alarm us. This is a clear breach of the rule of law and an attack on those who are the very guardians of basic human rights - judges and lawyers. The freedom and liberty, not only of the Pakistani people, but of all people, has been threatened by these acts. We join in the statement of William H. Neukom, President of the American Bar Association, which is as follows: “Since Saturday, President Pervez Musharraf of Pakistan has suspended the national constitution, detained eight members of the Supreme Court and arrested more than 1,500 Pakistani lawyers. This is a profound breach of the rule of law. The American Bar Association urges President Musharraf to rescind these actions immediately. Courts are society’s referees. A judiciary that can impartially apply fair rules, without outside interference, is a cornerstone of lawful government. President Musharraf sought to justify his actions by citing the threat of terrorism. But shutting down a nation’s lawful institutions of justice will hurt, not help, the fight against terrorism. The ABA, which represents more than 413,000 members worldwide, has a longstanding commitment to advancing the rule of law. When a nation’s Constitution is suspended, and its Supreme Court is shut down, that is a blow to the rule of law everywhere. The ABA therefore calls on all governments, bar associations and other civil society organizations to support the rule of law, by using every peaceful, legal means to persuade President Musharraf to restore justice to the people of Pakistan.” We must remember what Benjamin Franklin said:“Any society that would give up a little liberty to gain a little security will deserve neither and lose both.” We stand in solidarity with our fellow attorneys, who are being attacked, physically and otherwise, for protecting the judiciary, the people and the democratic institutions of government, against this improper seizure of power. We request that the United States do everything possible to restore the rule of law in Pakistan. Very truly yours, Marc L. Sallus President Beverly Hills Bar Association Boston Bar Association Boston Bar Association President Speaks Out on Human Rights Crisis in Pakistan Upon learning of the firing of the Chief Justice of Pakistan and the reported arrest and beating of thousands of Pakistan lawyers, Boston Bar Association President Tony Doniger today issued the following statement: "The imposition of martial law in Pakistan is a painful reminder of the fragility of the rule of law. The detention of 8 members of the Pakistan Supreme Court , and the arrest of over 1500 Pakistani lawyers is a deplorable affront to a previously independent and vigilant legal system. The Boston Bar Association joins in the call of the American Bar Association and others for the immediate restoration of the Pakistani legal system. These events should remind lawyers everywhere that the rule of law can never be taken for granted." In addition, we had our President comment on message boards for the New York Times, Washington Post, CNN, and the Wall Street Journal. International Bar Association The International Bar Association calls upon the world’s bars and law societies to support lawyers and judges in Pakistan The International Bar Association (IBA) is calling upon its member bars and law societies across the globe to support lawyers and judges in Pakistan. Since President Musharraf declared a state of emergency and suspended the Pakistan constitution on 3 November 2007, mass protests, led by judges and lawyers, have taken place. Recent reports suggest that thousands of lawyers have been arrested and subjected to torture and ill-treatment for protesting against President Musharraf’s action. Among those arrested is Chief Justice Iftikhar Muhammad Chaudhry who is believed to be under house arrest. The order declaring the state of emergency and the provisional constitutional order, also issued on 3 November, have far-reaching consequences for the rule of law. Certain fundamental human rights contained within the constitution, including the right to life, liberty and freedom of movement, have been suspended while the powers of arrest have been extended. Critically, the constitutional order also states that courts may not question the legality of the proclamation of emergency or any other order, nor can it challenge or overturn any such orders issued by the president or prime minister. Mark Ellis, IBA Executive Director said, ‘The effect of these orders is to provide complete immunity to President Musharraf and his government, thereby enabling them to change the constitution, and adopt any orders or laws they see fit to retain power.’ He adds, ‘Lawyers and judges in Pakistan have recognised that the Government of Pakistan has negated the rule of law. We are deeply concerned that such protests have been met with mass arrests and allegations of ill-treatment.’ Fernando Pombo, President of the IBA, continued, ‘We are calling upon bars and law societies around the globe to support the actions of lawyers and judges in Pakistan by lobbying their government to pressurise the Pakistan authorities to reinstate the constitution.’ The IBA is concerned that, unless the constitution is restored and properly applied, the rule of law in Pakistan will continue to deteriorate, leading to greater human rights abuses and further departure from the principles of democracy. The past year has seen President Musharraf face various crises. Prior to the presidential elections and in light of his declining popularity, President Musharraf faced mounting public protests. Numerous legal challenges to his presidential candidacy were issued before the courts, and, following the results in early October, in which President Musharraf received 98 per cent of the vote, a further petition was lodged with the Supreme Court challenging the result. Critics are suggesting that the introduction of a state of emergency was acting to pre-empt the decision of the Supreme Court as to the legality of the presidential elections. The past months have also seen a rise in extremist violence and suicide attacks. The calls from the IBA to bars and law societies around the world are further to a press release of 5 November and the recommendations made in a recently released IBA report addressing violations of the fundamental principles of the rule of law and the independence of the judiciary in Pakistan. The report dealt specifically with the issues of General Musharraf preventing the Chief Justice, Iftikhar Muhammad Chaudhry, from carrying out his judicial day-to-day functions, and the placing of Mr Chaudhry incommunicado under house arrest for three days when he refused to resign his post. The report entitled, The struggle to maintain an independent judiciary: a report on the attempt to remove the Chief Justice of Pakistan, is available from the IBA website. Click here to download the executive summary: The struggle to maintain an independent judiciary: a report on the attempt to remove the Chief Justice of Pakistan. Click here to download the full report: The struggle to maintain an independent judiciary: a report on the attempt to remove the Chief Justice of Pakistan. Maryland State Bar Association Maryland Lawyers Deeply Disturbed Over Pakistan's Threats to Lawyers and the Rule of Law Troubled over Pakistan’s suspension of its national constitution and rule of law, the Maryland State Bar Association (MSBA) is joining the American Bar Association (ABA) and its fellow state bars in condemning this action as well as the arrest of more than 1500 Pakistan lawyers and the detention of eight members of the Supreme Court. This is a profound breach of the rule of law, the cornerstone of a lawful society. U.S. lawyers are urging Pakistan President Musharraf to rescind these actions immediately. President Musharraf is justifying his actions by citing the threat of terrorism. But shutting down a nation’s lawful institutions of justice will hurt, not help, the fight against terrorism. Courts are society’s referees. A judiciary that can impartially apply fair rules, without outside interference, is the foundation of lawful government. The 23,500 MSBA members join the ABA’s 413,000 members worldwide in advancing the rule of law. When a nation’s Constitution is suspended and its Supreme Court is shut down, it is a harsh blow to the rule of law everywhere. A Constitution supports the rule of law, not the rule of any one person. The organized Bar supports the use of peaceful, legal means to persuade President Musharraf to restore justice to the people of Pakistan. Monroe County, NY (Rochester) Bar Association First, our president, Tom Smith, has written his monthly column for the legal paper in town with the message dedicated to this for tomorrow. Second, and more significant. We are sending out a member e-blast today inviting lawyers, judges, their staffs, and other interested friends of Democracy, to meet at the bar center on Thursday at 3:45PM. We are encouraging them to wear dark suits w/white shirts and dark ties (for the men) as a show of solidarity for lawyers and judges in Pakistan. The photos of Pakistan are very powerful w/all the B&W. From the bar center, we will gather and walk to our Federal Court House for brief remarks from the president, and a few others. We will be pushing this wth the media as well. Word was getting out as of late yesterday with regard to our plan and people are pretty jazzed up about it. We are hoping for a big turnout. New Hampshire Association of Criminal Defense Lawyers NHACDL Statement on Pakistan (PDF) New Jersey State Bar NJSBA Board of Trustees Approve Resolution Supporting the Reinstatement of Constitutional Law in Pakistan NEW BRUNSWICK, NJ- Today, the NJ State Bar Association Board of Trustees approved a resolution calling for the reinstatement of constitutional law in Pakistan. Following is an official statement from NJ State Bar Association President Lynn Fontaine Newsome on the suspension of the constitution, detainment of judges and arrest of lawyers in Pakistan. The official resolution follows the statement: “The New Jersey State Bar Association joins the American Bar Association in strongly protesting the suspension of the national constitution, detention of eight members of the Supreme Court and arrest of more than 1,500 lawyers in Pakistan since Saturday by Pakistani President Pervez Musharraf. This profound breach of the rule of law is an assault on Pakistan’s constitutional democracy that cannot be tolerated in a free and democratic society. The New Jersey State Bar Association joins the American Bar Association in urging President Musharraf to rescind these actions immediately. The actions in Pakistan represent a threat to the rule of law and an independent Pakistani judiciary which is a keystone to any functioning democracy. The courts are society’s referees and a judiciary that can impartially ensure fairness in the application of rules, without outside interference, is a foundation of lawful government. President Musharraf sought to justify his actions by citing the threat of terrorism. But shutting down a nation’s lawful institutions of justice will hurt, not help, the fight against terrorism. In fact, such actions, rather than deterring terrorists, give in to these criminals who remain enemies of free societies. New Jersey represents a diversity of population. Not only our members, but our clients come from a diverse and international background that includes nationals and individuals of Pakistani descent. Our first concern is for the safety and welfare of the people of Pakistan and their families in New Jersey. The mission of the New Jersey State Bar Association includes promoting access to the justice system and fairness in its administration. We strongly support the American Bar Association’s call that President Musharraf free all arrested lawyers and reinstate Pakistan’s Supreme Court. He must do this in the interest of democracy and freedom for all.” The New Jersey State Bar Association, incorporated in 1899, is dedicated to the continuing education of lawyers and the public, to reforming and improving the legal system and to aiding in the administration of justice. Visit the association’s website at www.njsba.com. NJSBA Resolution Supporting Reinstatement of Constitutional Law In Pakistan A Resolution supporting the reinstatement of constitutional governance and law in Pakistan. Whereas, the sovereign nation of Pakistan was created on August 14, 1947 adopting a constitution in 1956, and its present constitution in 1973 which provided for a parliamentary system with a President as head of state and popularly elected Prime Minister as head of government, and a Supreme Court; and Whereas, President Pervez Musharraf suspended the Pakistani constitution on November 3, 2007 declaring emergency rule citing rising extremism and a judiciary "at cross purposes" with the rest of the government as reasons for this action; and Whereas, emergency rule can only be called when the life of the nation is under threat; and Whereas, President Musharraf’s actions represent a breach of the rule of law; and Whereas, the suspension of the Pakistani constitutional government has resulted in the firing of the nation’s chief justice, his arrest and the arrest of other members of the Pakistani judiciary as so-called threats to the nation ; and Whereas, the Pakistani legal system has been supported by lawyers throughout the country who have engaged in protests demanding restoration of the Constitution, the rule of law and the authority of Pakistan’s judicial branch; and Whereas, the response has been violence against and the imprisonment of said lawyers exercising their right to express dissent against what is perceived to be an unjustified usurpation of power by President Musharraf; and Whereas, the American Bar Association and the International Bar Association have deplored the imposition of emergency in Pakistan and called for the restoration of constitutional rule. THEREFORE, LET IT BE RESOLVED, by the Board of Trustees of the New Jersey State Bar Association that we concur in the statements issued by the American and International Bar Associations respectfully urging that President Pervez Musharraf revoke Emergency Rule in Pakistan including the restoration of the Pakistani Constitution, the reinstatement of the power, authority and independence of the Pakistani judiciary, the release of judges and lawyers so far imprisoned; and the reinstitution of the rule of law for Pakistan and its people. Adopted November 8, 2007 New York State Bar Association New York State Bar Association Supports Pakistani Lawyers: Association's House of Delegates Adopts Resolution Showing Solidarity The New York State Bar Association’s House of Delegates, at its meeting on Saturday, November 3, 2007, unanimously approved a Resolution expressing strong solidarity with, and support for, the Pakistani Bar and the lawyers who have been detained as a result of the emergency rule imposed by President Pervez Musharraf. “We condemn the removal of the Chief Justice of the Supreme Court of Pakistan, the apparent arrest of many local bar leaders and attacks on the Pakistani legal community at large. We rise in support of our brothers and sisters of the bar across the globe and urge the world wide legal community to join us in speaking out for the restoration of the rule of law in Pakistan” said New York State Bar Association President Kathryn Grant Madigan (Levene Gouldin & Thompson LLP). The Resolution will be sent to the American Bar Association House of Delegates and to the President of the Pakistan Bar Association. The 72,000-member New York State Bar Association is the official statewide organization of lawyers in New York and the largest voluntary state bar association in the nation. Founded in 1876, NYSBA programs and activities have continuously served the public and improved the justice system for more than 130 years. North Carolina Bar Association North Carolina Bar Association: Pakistan President's Actions Are 'Breach of Rule of Law' From Janet Ward Black, President of the North Carolina Bar Association: The North Carolina Bar Association joins the American Bar Association and several state bar associations in condemning President Pervez Musharraf’s decision to suspend Pakistan’s national constitution and the rule of law in that country. Along with the detention of members of the Pakistani Supreme Court and arrest of lawyers, President Musharraf’s actions are a breach of the rule of law in his own country and a threat to the foundation upon which societies rest around the world. A nation's court system is the institution that protects personal freedoms and serves as the cornerstone of legitimate government. The 14,500 members of the NCBA urge members of the North Carolina Congressional delegation to speak out publicly in opposition to these acts and to call on President Musharraf to rescind his orders. President Musharraf’s efforts to close the doors of justice will hurt the citizens of Pakistan. The world is witnessing in Pakistan an assault on the rule of law. Ohio State Bar Association A Statement to OSBA Members in Support of the Rule of Law in Pakistan By Robert F. Ware, President of the Ohio State Bar Association November 6, 2007 A fair, impartial and independent judiciary, free from intimidation, is essential to a free and democratic society. When judges are removed from office or, even worse, threatened with loss of liberty, because of an unpopular ruling or a forthcoming decision, the rule of law suffers severe and irreparable harm. Recent events in Pakistan, including the suspension of its constitution, the detention of judges and removal of the chief justice, are a threat to the rule of law and the effective administration of justice. We should all take notice of who it is that is standing up for the rule of law in Pakistan. Pakistani lawyers and judges, at great personal risk, are demanding that the government stop its assault on the legal system. Lawyers and judges around the world stand with their colleagues in Pakistan in support of the rule of law. The OSBA encourages all people to respect the rule of law. It is a vital and fundamental aspect of a free society and a principle of democracy that all citizens should understand and expect as a way of life. I encourage all OSBA members, and especially all lawyers and judges, to share with their colleagues, friends and neighbors the importance of this fundamental precept of a free society. As the guardians of the Constitution and the rule of law, our role in reaching out to all citizens is ever more important today. Pennsylvania Bar Association Pennsylvania Bar Association President Speaks Out Against Attacks on Rule of Law in Pakistan HARRISBURG (Nov. 9, 2007) — Pennsylvania Bar Association President Andrew F. Susko today issued the following statement regarding recent events in Pakistan: “The Pennsylvania Bar Association is deeply troubled and disturbed by the events occurring in Pakistan. The suspension of the national constitution by Pakistani President Pervez Musharraf, the ouster of the Chief Justice of the Pakistani Supreme Court and the arrest and detention of scores of Pakistani lawyers does violence to the ideal of a free and orderly society governed by the rule of law. A government functions legitimately by the will of its people, with respect for and adherence to the principle of the supremacy of the rule of law. The legal profession well understands that judges and lawyers are guardians and protectors of this essential principle. The present course of the Pakistani government undermines its legitimacy and provides others who would ignore the rule of law fertile opportunity to gain support in Pakistan. The attack against judges and lawyers severely undermines – and threatens to destroy – the fundamental underpinning of a truly free society, a government that is not above the law. Unlike many countries, Pakistan is fortunate to have an established and courageous legal community and justice system, both of which are crucial to the legitimate governance of its people. Because the very heart of that justice system is at stake, the 29,000 members of the Pennsylvania Bar Association join with the American Bar Association and other bar associations across the country in urging Pakistani President Pervez Musharraf to rescind his actions immediately.” Tennessee Bar Association TBA President Eason urges restoration of Rule of Law to Pakistani people as lawyer arrests continue Tennessee Bar Association President Marcy Eason joined ABA President Bill Neukom and a growing number of other leaders voicing concern about the suspension of the Rule of Law in Pakistan. "Suspending the country's Constitution, terminating the independent broadcast news outlets in Pakistan, dissolving the Supreme Court and four of the High courts, forcibly detaining and arresting more than 3,000 of Pakistan's 12,000 attorneys under the guise of a terrorist emergency is a direct strike against the Rule of Law," Eason said. "We would urge our leaders to do everything possible to insist on the restoration of the Rule of Law to the Pakistani people." Vermont Bar Association News Release, Letter to Editor: November 6, 2007 Dear Fellow Vermonters: A news story which should concern and deeply disturb all Americans relates to events of this past weekend which occurred in the nation of Pakistan. On Saturday, Pakistani President Pervez Musharraf suspended Pakistan’s Constitution and essentially single-handedly dismantled that country’s legal system by detaining and arresting members of the Pakistan Supreme Court and approximately 15,000 lawyers and others involved in Pakistan’s judiciary. The President of the American Bar Association, William H. Neukom, has issued a statement opposing these actions and urging restoration of the “Rule of Law” in Pakistan. The Vermont Bar Association endorses and strongly supports the statement of the ABA President. The question for us as Vermonters is “why should we care about what happens to the court system in Pakistan?” While Vermonters may not feel immediately threatened by events in Pakistan, we should not fool ourselves that the actions taken by the Pakistani president under the guise of preventing terrorist attacks do not impact our lives. For the past several years, every citizen of the United States has directly experienced the effects of the September 11 terrorist attacks, whether it be through the loss of family members or friends in the war with Iraq, or through lesser inconveniences of daily life such as airport security lines and higher prices for heating oil and gasoline. Even Vermont has been “victimized” by recent changes in the global economy, as witnessed by the outsourcing of local jobs to countries such as India. Vermonters, and indeed Americans in general, cannot isolate themselves from world events; rather, we must all recognize that our world is becoming “smaller” each day through developments in transportation and technology. While some may jest that throwing lawyers in jail is a step in the right direction, the reality is that it is no laughing matter for a nation such as Pakistan to literally dismantle its legal system virtually overnight. Whether it is Pakistan or Vermont, an independent and unbiased court system which enforces the “Rule of Law” to protect the rights, lives, and liberties of its citizens is crucial to the survival of any free society. As Justice Felix Frankfurter wrote not so many years ago: "There can be no free society without law administered through an independent judiciary. If one man can be allowed to determine for himself what is law, every man can. That first means chaos, then tyranny." The stability of the Pakistani government is critical in maintaining peace in what is obviously a very fragile area of the world. Therefore, when a judicial system intended to protect the rights and liberties of Pakistani citizens is attacked and destroyed, the potential fallout can clearly have devastating consequences in terms of the viability of a constitutional government designed to protect human rights and dignity. On behalf of the Board of Managers and members of the Vermont Bar Association, I strongly encourage all Vermonters to remain knowledgeable about events in Pakistan and to contact our Congressional leaders, Senator Leahy, Senator Sanders, and Representative Welch, to urge them to support whatever efforts are appropriate to seek the restoration of the judicial system in Pakistan and to otherwise support stability in that region of the world. I further urge all Vermonters to support a strong and independent legal system here in our own state and throughout the nation as a whole; and, to become educated in how an unbiased judiciary is critical to the checks and balances that lie at the heart of our national, state, and local governments. Very truly yours, S. Stacy Chapman, III, President Vermont Bar Association Wisconsin State Bar Association A chilling reminder of the rule of law's fragility Tom Basting, President of the State Bar of Wisconsin November 7, 2007 “The first thing we do,” one of Shakespeare’s more cunning villains advised his henchmen in King Henry VI, “let’s kill all the lawyers.” Sadly, the conviction that the state of the realm would be improved if only those meddlesome lawyers could be done away with continues to find advocates, most recently in Pakistan, where President Pervez Musharraf has suspended the national constitution, shut down the Supreme Court and arrested thousands of Pakistani lawyers – all in the name of protecting his nation from the threat of terrorism. While few of us in Wisconsin are experts on the fine points of internal Pakistani politics, all of us should share a sense of outrage that the rule of law, overseen by impartial courts, has been cast aside in the name of expediency. Over two centuries ago, in a time of uncertainty and turmoil, our nation’s founders debated and affirmed the merits of a constitutional system that enshrines the rule of law, safeguarded by an independent judiciary, as the ultimate authority. This formula has served us well ever since. So well, in fact, that societies as distant as Pakistan have embraced it, to the betterment of all. Yet the assault on constitutional principles and institutions in Pakistan illustrates the fragility of this heritage. Think about what is at stake. Courts that impartially apply laws duly enacted by elected representatives of the people are essential to lawful government and a prosperous society. President Musharraf seeks to justify his actions by citing the threat of terrorism. Yet shutting down the institutions that safeguard justice (the very institutions many terrorists seek to destroy) can only hurt, not help, the fight against terrorism. Like many others across Wisconsin, I watched news broadcasts from Pakistan in disbelief as soldiers clubbed lawyers who had assembled to peacefully protest Musharraf’s profound breach of the rule of law. As I write this, I know that thousands of my Pakistani counterparts sit in jails with no courts they can appeal to for justice. Would I have the courage to do what they did – risking arrest, detention, bodily harm and possibly death to defend the rule of law? I hope so. Would you? I hope so. I will share my sense of outrage over these sad developments in Pakistan with my elected representatives. But even as I do so I know this is an insufficient response. As President of the State Bar of Wisconsin, which represents the aspirations of over 22,000 lawyers, I propose that all of us pledge to keep the rule of law (and the lawyers) alive and well so the beacon of democracy can continue to shine across America and around the world. |
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