Islamabad, Sep 30 (IANS): Even though Pakistan formally has a civilian government, the military continues to be the dominant political institution, a report detailed while highlighting that the arrest of human rights lawyers Imaan Zainab Mazari-Hazir and Hadi Ali Chattha reflects a broader pattern of constitutional violations and abuse of state power in the country.
On January 24, Imaan Zainab Mazari-Hazir and her husband, Hadi Ali Chattha, were sentenced to a 17-year prison term on charges of “cyber terrorism” and “false information” over their social media posts that expressed solidarity with Baloch and Pashtun activists, who highlighted human rights violations in Pakistan, and slammed the Pakistani military, according to a report in Columbia Political Review. The procedural abuses in the case and severity of the sentence given to the couple demonstrated deeper constitutional shifts already underway in Pakistan’s judiciary and expansion of state power.
“Their arrests reflect a broader pattern of constitutional violations and abuse of state power. Although Pakistan formally operates under a civilian democratic system, the military remains the country’s dominant political institution. Civilian leaders serve in office, but the military often has final say and exerts decisive influence over national security policy, foreign affairs, and key political decisions,” Anaya Qayyum wrote in Columbia Political Review.
“Rather than serving as independent checks on one another, the executive and military establishment have become increasingly aligned, allowing for the expansion of state power and the weakening of judicial and democratic accountability. The country has some features of a democracy, such as elections and a parliament, but an unelected power, the military, continues to hold significant control. Pakistan therefore functions as a de facto hybrid regime of autocracy and democracy,” the author added.
Imaan Zainab Mazari-Hazir and her husband were denied due process rights during court proceedings. Pakistan police did not present an arrest warrant or a First Information Report (FIR) at the time of the arrest, which is necessary as per the law. Following the arrest, Pakistani authorities transferred the couple to an undisclosed place, did not allow them to enter the courtroom during proceedings at the anti-terrorism court, and they were denied legal assistance, the report detailed.
Their court appearance was conducted virtually, which lasted less than a minute and ended abruptly. Apart from these violations, there was a pending transfer application before the High Court as the trial court did not have jurisdiction, raising questions over the legality of the entire conviction, as per the report. Together, these procedural abuses in the case raise concerns regarding the fairness and independence of Pakistan’s judiciary.
Earlier this month, leading human rights organisation Amnesty International wrote to Pakistani Prime Minister Shehbaz Sharif, voicing grave concern over the continued “unlawful” imprisonment of Imaan Mazari-Hazir and Hadi Ali Chattha.
“Imaan Mazari-Hazir and Hadi Ali Chattha are being imprisoned as retaliation for their work as human rights lawyers and exercising their right to freedom of expression to extend solidarity to activists and movements within Pakistan. Their imprisonment under the Prevention of Electronic Crimes Act continues to raise serious questions about the misuse of the law to silence dissent inside the country and runs contrary to Pakistan’s international human rights obligations,” Amnesty International said in its appeal to the Pakistani PM.
Raising alarm over Imaan’s worsening health and lack of access to adequate medical care, the rights body said, “Imaan has experienced heavy bleeding in her gums, and the prison authorities failed to provide her with access to a dentist. Imaan Mazari Hazir’s family sent her medicine after consulting a dentist; however, not all the medicine was delivered to her by the prison authorities. She was also found to be suffering from a chest infection and experiencing stomach issues.”
The human rights organisation called on the Pakistani government to take all necessary steps to ensure that Imaan and Hadi’s convictions are quashed and they are immediately and unconditionally released.
