Pakistan judiciary riddled with systemic corruption, FIDH-HRCP report finds
Synopsis
Key Takeaways
A 32-page joint report by the International Federation for Human Rights (FIDH) and the Human Rights Commission of Pakistan (HRCP), released on 9 July, has documented widespread and systemic corruption across all levels of Pakistan's justice system, warning that the rot carries grave consequences for fundamental human rights. The report, titled Under the Bench: Mapping corruption risks in Pakistan's justice system, concludes that judicial corruption in the country has reached a scale that may amount to grand corruption.
Key Findings of the Report
The FIDH-HRCP report details how corruption has become “endemic” throughout Pakistan's judicial apparatus, undermining the independence and effectiveness of courts and eroding the right to a fair trial. The organisations found that the impact is most acute for the country's most vulnerable groups, including low-income communities and religious minorities.
The report also draws a direct link between judicial corruption and the incidence of torture, the application of capital punishment, and systemic gender inequality within the legal profession. Existing anti-corruption mechanisms, the report found, have failed to ensure accountability or deter future misconduct.
Constitutional Amendments Under Scrutiny
A central concern flagged in the report is the effect of Pakistan's 26th and 27th Constitutional Amendments, which the organisations argue have heavily diluted whatever limited independence the judiciary previously held. The amendments altered judicial appointment procedures and expanded the grounds on which judges can be removed.
“These developments mark a regressive shift in Pakistan’s legal and constitutional order by completely stripping the limited independence previously enjoyed by the judiciary. Judicial appointments, bench formation and high-level case management are now subject to political influence in ways that contradict international standards for judicial independence,” the report stated.
The report further warned that structural distortions at the senior judiciary level cascade downward, influencing the conduct and decision-making of lower-court judges who are more susceptible to external pressure.
What the Rights Groups Said
FIDH Secretary General Shahindha Ismail said the findings expose the depth to which corruption has become entrenched across all aspects of Pakistan's judiciary. “Far from being a victimless crime, corruption in the judiciary has demonstrably curtailed the right to fair trial, particularly for the most vulnerable, such as minorities,” Ismail said.
HRCP Secretary-General Harris Khalique argued that cosmetic fixes would not suffice. “Eradicating the risks of corruption in the judiciary at all levels will require much more than just increasing judges’ emoluments and perks or installing CCTV cameras in the courtroom – it needs to start with a comprehensive approach to restoring judicial independence and addressing the underlying factors that contribute to inappropriate practices and compromised judicial decisions,” Khalique said.
Recommendations to Pakistani Authorities
The two organisations have jointly called on Pakistani authorities to repeal the 26th and 27th Constitutional Amendments, restore judicial independence, and prioritise the investigation and prosecution of corruption allegations against judicial actors. They also urged the government to ensure meaningful accountability mechanisms are put in place across all tiers of the judiciary.
Broader Context
The report arrives at a moment of acute political turbulence in Pakistan, where the judiciary has repeatedly been drawn into controversies involving the treatment of political prisoners, the conduct of trials, and the independence of benches hearing high-profile cases. Critics have long argued that the Pakistani justice system is susceptible to both political interference and financial inducement, but the FIDH-HRCP report is among the most detailed international assessments to map these risks systematically. How Islamabad responds to these recommendations will be closely watched by international rights bodies and donor nations.