SOUTH ASIA - House Foreign Affairs Committee Democrats

2295Farooq Sattar was arrested by order of the NAB, removed from his domicile, andheld in a cell without a bed, chair, or desk. On July 14, Sattar was convicted ona widely disputed corruption charge. In July Nawaz Sharif was sentenced to 14years’ imprisonment and banned from holding political office for 21 years on thebasis of a corruption conviction. Most observers reported that Sharif’s trial was fair;however, they believe the Government’s decision to pursue the corruption case waspolitically motivated.During the year, authorities released from prison thousands of persons convictedof petty crimes who were being held despite the fact that their prison terms hadexpired. For example, in January authorities released 12,000 prisoners who wereconvicted of petty crimes. In an October news report, a senior official in the Ministryof Interior stated that 47,000 persons who were jailed for minor offenses were releasedduring the year. The Punjab Department of Jails reportedly released 15,000prisoners who were convicted of petty crimes during the year.Human rights groups alleged that as many as 50 private jails, housing some 4,500bonded laborers were being maintained by landlords in lower Sindh (see Section6.c.). Some prisoners reportedly have been held for many years. In the five districtsof upper Sindh, landlords have defied the courts and police by holding tribal jirgas,which settle feuds, award fines, and even sentence persons to the death penalty indefiance of provincial laws. In January a newspaper reported that 56 landless agriculturalworkers escaped from a private jail in Sanghar district, Sindh. The landlordreportedly had forced them to work without wages for several years. In February42 bonded laborers escaped from a private jail in Umerkot district, Sindh. Underpressure from the landowner, seven of the laborers signed affidavits that they hadnot been confined against their will. On March 8, the Lahore High Court orderedthe release of 24 brick kiln workers, including 10 women or children. According topress accounts, the laborers were kept in chains, not compensated for their work,and were beaten frequently.On December 9, the Government commuted former Prime Minister NawazSharif’s prison sentence and exiled him and 18 of his family members to Saudi Arabiafor 10 years. The Sharif family was forced to surrender a number of assets tothe Government and had to agree to withdraw from politics while in exile. Someobservers stated that the Government exiled Sharif in order to remove him from politicsand to reduce the power and influence of the opposition.e. Denial of Fair Public Trial.—The suspended Constitution provided for an independentjudiciary; however, in practice, the judiciary remains subject to executivebranch influence, and despite the Musharraf regime’s pledge to respect the independenceof the judicial system, it took steps to control the judiciary and to removethe regime from judicial oversight. Provisional Constitution Order Number 1, issuedon October 14, 1999, provided that all courts functioning at the time of the changein government would continue to operate, but that no court would have the powerto issue orders against General Musharraf or any person exercising powers or jurisdictionunder his authority. The decree effectively removed the actions of theMusharraf regime from judicial oversight. General Musharraf further underminedthe independence of the judiciary when he ordered that all Supreme Court, Shar’iaCourt, and Provincial High Court justices take an oath to uphold the PCO thatbrought the military into power. Low salaries, inadequate resources, heavy workloads,and corruption contributed to judicial inefficiency, particularly in the lowercourts.On January 25, 4 days before the Supreme Court was due to begin hearings onthe legitimacy of the coup, General Musharraf ordered all Supreme Court, Shariatcourt, and provincial High Court justices to take an oath committing themselves touphold the PCO, which suspended the Constitution and legislative bodies and prohibitedthe superior courts from making any decision against the Chief Executive‘‘or any person exercising powers or jurisdiction under his authority.’’ Six SupremeCourt justices, including the Chief Justice, and nine provincial High Court justicesresigned in protest; however, 85 percent of the affected justices agreed to swear allegianceto the PCO. As a result of this decree, government directives and ordinancesunder the PCO are no longer subject to judicial review. Some government officialsclaimed that General Musharraf issued this decree due to concerns that judges werebeing bribed to rule against the Government in the court challenges to the militarytakeover. Many persons criticized this requirement, stating that it effectively endedthe role of the judiciary as an independent body.The Supreme Court at times demonstrated a limited degree of independence. Forexample, on May 12, in a unanimous decision, the Supreme Court upheld the legalityof the coup on the grounds of state necessity; however, the court ordered the currentGovernment to hold national elections no later than 90 days after October 12,2002. The decision also affirmed the Supreme Court’s continued right of judicialVerDate 11-MAY-2000 13:46 Sep 20, 2001 Jkt 071555 PO 00000 Frm 00139 Fmt 6601 Sfmt 6621 F:\WORK\COUNTRYR\S71555\71555.036 HINTREL1 PsN: HINTREL1