Lahore: A comprehensive report by the International Federation for Human Rights (FIDH) and the Human Rights Commission of Pakistan (HRCP) has revealed systemic corruption permeating all levels of Pakistan's judicial system, with significant ramifications for human rights.
According to the report, titled "Under the Bench: Mapping Corruption Risks in Pakistan's Justice System," corruption has deeply affected the independence and effectiveness of the judiciary. The report highlights that the pervasive corruption undermines fair trial rights and compromises fundamental freedoms. The findings suggest that judicial corruption in Pakistan may have reached a systemic level, potentially constituting grand corruption.
The report, based on 30 interviews conducted with professionals across various sectors, outlines the mechanisms through which corruption infiltrates the judiciary. It attributes this to weak justice administration, cultural dynamics fostering nepotism, and the erosion of judicial independence, resulting in the upper judiciary's state capture. It specifically criticizes the impact of the 26th and 27th Constitutional Amendments for diminishing judicial independence by altering appointments and expanding removal grounds. Existing anti-corruption measures are deemed ineffective in providing accountability or deterring future corruption.
The report addresses the human rights consequences of judicial corruption, noting severe violations of due process and equality before the law, particularly impacting low-income communities and minorities. It highlights the correlation between judicial corruption and incidents of torture, capital punishment, and gender inequality within the legal sector.
Harris Khalique, Secretary-General of HRCP, emphasized that eliminating judicial corruption requires more than superficial measures like increasing judges' benefits or installing surveillance in courtrooms. He advocates for a comprehensive strategy to restore judicial independence and tackle the root causes of corrupt practices.
The report concludes with recommendations to combat judicial corruption, focusing on improving justice administration, enhancing transparency, ensuring accountability, and safeguarding whistleblowers.