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Reema Omer

@reema_omer

8 Jul

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

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Reema Omer

@reema_omer

18 May

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

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Reema Omer

@reema_omer

7 Apr

https://twitter.com/geonews_english/status/1247475738653097984

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

https://twitter.com/geonews_english/status/1247475738653097984

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

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Reema Omer

@reema_omer

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

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Reema Omer

@reema_omer

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

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Reema Omer

@reema_omer

16 Jul 19

1. Tomorrow, the International Court of Justice will give its decision in the #Jadhav case

Amidst all the noise about this case, it’s important to remember the key question before the Court:

Did Pakistan violate Art. 36(1) of the VCCR by denying consular access to Jadhav?

2. Pakistan claims Art. 36(1) of VCCR is not applicable to spies or “terrorists” due to the inherent nature of the offences of espionage and terrorism

Can such an exception be read into the VCCR? This is the key issue the ICJ will have to decide

3. Pakistan also relies on a 2008 bilateral treaty with India, which says in cases of “arrest...made on...security grounds, each side may examine the case on its merits”

PK says this agreement overrides obligations under VCCR. Does it? This is the second legal issue in the case

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