1. This NAB/Broadsheet case is fascinatingly insightful:

In 1999, General Musharraf established NAB

In 2000, NAB entered into an agreement with Broadsheet to help trace and recover assets of Nawaz Sharif and around 200 other officials, in return for 20% of any recoveries made
2. In 2003, NAB ended the deal citing contract breaches. Reportedly, resulting losses forced Broadsheet into liquidation in 2005

Later, one of Broadsheet’s founders created a shell company with same name, and entered into a “sham agreement” with PK to settle firm’s grievances
3. The “real” Broadsheet was eventually reinstated, and in 2009, initiated arbitration proceedings against Pakistan

They claimed NAB/PK wrongfully repudiated the asset recovery agreement, entered into “sham” settlements, and deprived the firm of their share in asset recoveries
4. In 2018, arbitrator decided against NAB/PK, ordering them to pay damages of $22.6 million + interest. NAB/PK appealed, but High Court yesterday refused to intervene in arbitration award

Quite a telling tale about NAB’s shady, questionable methods

law360.com/articles/11777…
5. This case raises fundamental questions not just about the secrecy and opacity in how NAB operates, but perhaps more importantly, whether the increasing costs associated with running the Bureau and paying for its shady “deals” can be justified
6. In May 2019, the Law Minister was asked details about this case, incl. whether NAB had conducted any internal inquiries

Ironically, the Law Minister refused to give any details, saying any public disclosure on such inquiries “shall adversely affect the interest of public”

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More from @reema_omer

28 Oct 20
UN human rights mechanisms have repeatedly raised serious concern about the rights of Muslims in France

For example, in 2007, the UN Independent Expert on Minority Issues highlighted “intolerance, suspicion, and misunderstanding of Islam and growing islamophobia” in the country
In 2015, in its assessment of France’s compliance with ICCPR, the UN Human Rights Committee expressed concern about the resurgence of “racist and xenophobic discourse” in public and political spheres, and highlighted upsurge in hate crimes, including against Muslims
In the same year, UN Committee on the Elimination of Racial Discrimination said France should distance itself from “racist hate speech” and “Islamophobic discourse” emanating from certain political circles, media

It also urged France bring perpetrators of hate crimes to account
Read 4 tweets
8 Jul 20
Status of domestic violence legislation in Pakistan:

1. Sindh passed a law in 2013

The law defines domestic violence broadly to include physical, psychological, sexual, and economic abuse; covers a range of domestic relationships; and specifically criminalises the practice
2. Balochistan passed a similar law in 2014

While it provides for civil remedies such as protection/residence orders, it doesn’t criminalise domestic violence that isn’t already an offence under PPC

It also defines domestic relationship more broadly to include domestic help
3. Punjab passed a domestic violence law in 2016

Like the Balochistan law, the Punjab law defines domestic violence broadly but doesn’t specifically criminalise the practice

Instead, it provides victims a range of civil remedies such as protection/residence/monetary orders
Read 4 tweets
18 May 20
SC order today gives a fascinating, albeit troubling, insight into the judges’ worldview:

1. Order says if Punjab can open malls, why not Sindh?

This, as well as previous orders in the case that specially target Sindh Govt, says a lot about how judges see provincial autonomy
2. Court warns that closing businesses would scare entrepreneurs, causing them to move to more “safe and profitable” destinations

A very clear indication of where the judges stand on state intervention in private businesses, including for reasons such as public health
3. Court questions why so much money is being spent in responding to #Covid_19, which is apparently “not a pandemic in Pakistan” and Pakistan is not...seriously affected by it”

What does one say to this - shows the most unfortunate combination of populism and ignorance
Read 4 tweets
7 Apr 20
1. Mir Shakilur Rehman has been in NAB’s custody since 12 March. Like many others detained by NAB, he has been kept in solitary confinement, that too with cameras in his cell to monitor his every move

Under international law, this practice amount to ill-treatment, even torture
2. Prolonged solitary confinement is prohibited by “Mandela Rules”(Standard Minimum Rules for the Treatment of Prisoners), which define prolonged solitary confinement as confinement of prisoners for 22 hours+ day without meaningful human contact for more than 15 consecutive days
3. The UN Special Rapporteur on Torture and the UN Human Rights Committee have said that when used during pre-trial detention or for indefinite/prolonged periods of time, solitary confinement can amount to cruel, inhuman or degrading treatment or punishment, and even torture
Read 6 tweets
21 Dec 19
A snapshot into the human rights jurisprudence of Pakistan’s new Chief Justice Gulzar Ahmed:

1. He was one of the judges who legitimised the 21st amendment, and held trial of civilians for terrorism by military courts did not violate right to fair trial or judicial independence
2. In the 18/19 amendment case, he was one of the judges who held Parliament’s powers to amend the constitution was subject to “implied limitations”, and that SC had power to strike down constitutional amendments if they substantively altered the constitution’s “salient features”
3. He was a dissenting judge (along with J. Khosa) in Panama case. He took a very expansive view of SC’s 184(3) powers and disqualified Nawaz Sharif for not being sadiq and ameen because of his failure to “satisfy the court and the nation” about the facts related to London flats
Read 6 tweets
18 Dec 19
Thread: The critique otherwise responsible lawyers are presenting against Musharraf’s conviction is terribly misleading

They should familiarise themselves with the long, complex history of this case before misleading the public about the law
1. Musharraf was tried for imposition of emergency, which isn’t treason

False. Musharraf was charged on many counts, incl. subverting the constitution/holding it in abeyance, which squarely fall under Art 6

Also, SC has said this “emergency” was martial law with another name
2. Musharraf was tried for suspending the constitution, which wasnt an offence in 2007. This amounts to retrospective punishment

False. SC has held holding constitution in abeyance is subverting the constitution, and subversion has been a part of Art 6 (high treason) since 1973
Read 6 tweets

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