Why is the trial of Pakistani human rights lawyers condemned?
Synopsis
Key Takeaways
- WIL Pakistan condemns trial as unlawful.
- Concerns raised about due process violations.
- HRCP supports the lawyers, condemns misuse of laws.
- Trial impacts legal community independence.
- Call for withdrawal of baseless charges.
Islamabad, Dec 4 (NationPress) The advocacy organization Women in Law Initiative (WIL) Pakistan has vehemently criticized the trial process under the Prevention of Electronic Crimes Act 2016 (PECA), labeling it as "unlawful and unjust" against Pakistani attorneys Imaan Zainab Mazari-Hazir and Hadi Ali Chattha.
Human rights lawyer Imaan Zainab Mazari and her spouse, Advocate Hadi Ali Chattha, were reportedly indicted in an Islamabad court in October concerning alleged contentious social media activities.
The WIL emphasized that the trial's proceedings clash with the rule of law, the constitutional promise of due process, and Pakistan's obligations under global human rights norms.
Expressing unease over the trial's fairness, the advocacy group shared that a former state counsel in the case publicly declared he had received 15 questions with orders to ask during cross-examination, yet he mentioned he "could not ask dictated questions".
This alarming revelation, indicating that a state-appointed lawyer was compelled to follow instructed commands, raises significant concerns about the total undermining of essential due process guarantees within the trial. This acknowledgment reveals a compromised legal process. Instead of transparently addressing these issues, the court proceeded to appoint another state counsel, even though both defendants had clearly and repeatedly stated their lack of confidence in the newly assigned counsel,” the WIL stated.
Even more concerning is the unusual speed at which the new state counsel wrapped up the cross-examination of five prosecution witnesses in just a few hours. The rushed nature of these crucial phases casts doubt on the proceedings' integrity,” it added.
Citing publicly available information, the WIL observed that the judge summoned police officers to forcibly remove Imaan and Hadi from the courtroom while the trial was ongoing, effectively preventing them from being present during witness cross-examinations.
The unlawful treatment of Advocates Imaan and Hadi poses serious implications not just for them but also for the overall independence and safety of the legal profession in Pakistan,” the organization remarked.
In parallel, the Human Rights Commission of Pakistan (HRCP) expressed solidarity with Imaan and Hadi, denouncing the increasing "misuse" of cybercrime laws, terrorism accusations, and judicial processes to suppress legitimate dissent.
The FIR lodged by the National Cyber Crime Investigation Agency under PECA criminalizes critiques of military conduct, violating constitutional and international protections regarding freedom of expression and fair trial. Furthermore, the pressure faced by Ms. Mazari-Hazir and Mr. Chattha, their arbitrary detainment despite attending court, and reported denial of preferred legal representation reflect a systemic effort to silence and exhaust advocates for victims of state violence,” the HRCP stated on X.
The rights organization called for the withdrawal of "baseless charges" and an end to such intimidation tactics.