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Chowdhury Aitezaz Ahsan, a well-known senior lawyer, was severely beaten and taken away in a car when he was on his way to meet the former chief justice, who is his client. The lawyer, now severely injured, is also under house arrest. He has not committed any crime other than to offend the military regime lead by President Pervez Musharraf by being the legal representative for the chief justice, who has become Pakistan's symbol for the struggle for the independence of the judiciary.
After Munir Malik, who was severely beaten and poisoned by the military and held in prison, Ahsan became president of the Supreme Court Bar Association. This is therefore the second attempt by Musharraf to crush the Supreme Court lawyers of Pakistan by torture. The resilience of the top-most lawyers of the country has been a thorn in the side of the military regime. The regime is aware that the will of these lawyers to uphold the law and to protect the independent judicial institutions challenges its very existence.
The assaults on Malik and Ahsan are a stark demonstration of the military's determination to put down the lawyers by bloody force if necessary. It is very clear that the military will use further violence on the lawyers and anyone who stands up to defend the independence of the judiciary in the days and weeks to come. The military has reached the point where it needs to wipe out independent lawyers and their associations for the purpose of Musharraf's political survival.
Meanwhile, every day thousands of lawyers and members of civil society, including journalists, are demonstrating in the streets. Each time the people demonstrate the police and paramilitary units go behind them, arresting and otherwise harassing them.
The international recognition of the struggles of the lawyers, judges, liberal and progressive people of Pakistan is completely ignored by the military. The military leaders see pressure from the international community as a threat to their future roadmap for the country. Meanwhile, even the leading political parties have shown no determination to defend the struggle of those who pursue the rule of law and democracy in Pakistan. Unfortunately, these political parties are unable to separate themselves clearly from the political designs of Musharraf.
Under these circumstances, the election that is to be held on Jan. 8 does not inspire confidence in anyone. Most people take it as a fait accompli that the grip of the military will be reinforced through this election. There is no benefit that the people of Pakistan will derive from this election; the corrupt will become more corrupt; the powerful will shed more blood; and all the democratic institutions of the country will be erased.
The year 2008 will be a dismal one for the people of Pakistan if the struggle for the independence of the judiciary lead by the Supreme Court judges, lawyers and others is to be lost. It is an important struggle for the survival of Pakistan as a civilized society. It is a struggle that requires support from all persons of goodwill. There should be an international inquiry into the violence caused by Musharraf's regime to the judiciary, lawyers, journalists and others engaged in this struggle.
All judges and others held under house arrest or in prison should be released forthwith. The lawyers and others who have been injured by torture and assault should be provided with medical care and the international community must extend their protective arm over all these persons. All self-respecting judges in Pakistan who currently hold judicial positions should demonstrate their respect for the rule of law by resigning from their posts. The military scheme to exterminate the independence of the judiciary and those who try to defend it must be condemned, and its authors subject to sanctions by the United Nations and all other international bodies.
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Basil Fernando is director of the Asian Human Rights Commission based in Hong Kong. He is a Sri Lankan lawyer who has also been a senior U.N. human rights officer in Cambodia. He has published several books and written extensively on human rights issues in Asia.)
