By Staff Reporter
ISLAMABAD: The International Commission of Jurists and several partner organisations on Thursday condemned the arrest and conviction of two Pakistani lawyers, calling the actions arbitrary and demanding their immediate release.
Imaan Zainab Mazari-Hazir and her husband Hadi Ali Chatta were sentenced on Jan. 24 to a total of 17 years in prison under Pakistan’s Prevention of Electronic Crimes Act, known as Peca, with the longest term being 10 years. They were also fined a collective Rs36 million. The couple faced charges under Peca sections 9 for glorification of an offence, 10 for cyberterrorism, and 26-A for spreading false and fake information.
A joint statement signed by the ICJ, the Balochistan Bar Council, the Hyderabad Bar Association, the Karachi Bar Association, the Sindh High Court Bar Association and other global bodies described the arrest and conviction as reprisals for the lawyers’ human rights work and advocacy for accountability and the rule of law. “Both lawyers have faced targeted reprisals, including harassment through judicial processes, for their human rights and legal work, as well as for their outspoken advocacy for accountability and the rule of law,” the statement said.
It detailed how the couple was arrested while en route to a court hearing in a case involving controversial social media posts. Police used undue force and failed to produce an arrest warrant or a first information report, known as an FIR, according to the statement. The arrest came despite a Jan. 21 order from the Islamabad High Court granting temporary relief from arrest, reinstating bail and ensuring the right to a complete defense, including cross-examination. Following the high court order, police invoked dormant and backdated FIRs against the pair, the statement said.
It highlighted concerns over Peca, describing the law as widely misused to suppress online expression in Pakistan, and raised questions about due process and the fairness of the trial. “The sentencing abruptly concluded proceedings that had been marred by due process violations,” the statement said. “Although a transfer application pending before the IHC legally deprived the sessions court of jurisdiction, it nevertheless proceeded to pass judgment.”
The couple was convicted after a one-minute court appearance, during which Imaan stated they would boycott the trial. She also alleged being subjected to torture and denied food and water in detention, according to the statement. “They were refused the opportunity to complete cross-examination of prosecution witnesses and had no access to legal counsel while in custody, raising serious concerns about their fair trial rights and physical well-being,” it added.
The statement portrayed the case as emblematic of a broader trend of judicial persecution aimed at exhausting lawyers’ resources and obstructing their work. “The couple have faced multiple parallel criminal proceedings under anti-terrorism and blasphemy laws, repeated cancellations of bail, and the continued threat of arrest, all compounded by persistent concerns regarding due process violations,” it said. “Repeated summonses in cases on baseless allegations have severely disrupted their legal practice and violated their human rights, forcing them to appear before multiple courts across the country, reportedly with the intent of diverting their attention from defending vulnerable clients.”
It argued that the application of Peca in this instance demonstrated how authorities were weaponizing the justice system to punish dissent and target legitimate human rights work. The signatories urged Pakistan to respect its obligations under international law, including the International Covenant on Civil and Political Rights and the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment. “Lawyers should be able to perform their professional functions without intimidation, hindrance, harassment, or improper interference, and should not be prosecuted for actions taken in accordance with their professional duties or for the legitimate exercise of freedom of expression,” the statement said.
The groups demanded the unconditional release of Mazari-Hazir and Chatta, along with measures to set aside their conviction. They also called for guarantees of their safety in detention, including access to food, water and medical care; an inquiry into the police use of force; an end to the misuse of Peca and the anti-terrorism act against lawyers and human rights defenders; and assurances that such professionals can carry out their work without fear of reprisals, harassment or undue interference.
Copyright © 2021 Independent Pakistan | All rights reserved
