CASE 42-2018: Supreme Court
of Pakistan
ETHICAL JUDGMENT
Dear Prosecutor, Public
Defender, Ambassador, Secretary and Jury Members of the International Buddhist Ethics Committee (IBEC) and Buddhist Tribunal on
Human Rights (BTHR), regarding the Case 42-2018 against "Supreme Court of Pakistan",
on April 25, 2018, it is hereby recorded that the trial has been concluded to
analyze the violation against Human Rights and Buddhist Ethics carried out by
the accused. This case has been carried out as a consequence of the "ISIS Case".
After analyzing the presentation of the Case and the
validation of the evidence, it has proceeded with voting of 10 members of the
Jury, confirming that there was 1 vote of "Insanity", and 9 votes of Responsible, so that the "Supreme Court of Pakistan"
has been found Responsible for the
serious crimes of Genocide, Ethnic Cleansing, Crimes against Humanity, Crimes against
Peace, Crimes against Women, Violation of the International Human Rights Law and
False Islamic Law.
The Buddhist
Tribunal on Human Rights has been able to verify that the "Supreme Court of Pakistan"
has maintained and has not punished the Pakistani regime that violates the
human rights, which has carried out a systematic and generalized plan of Forced
Deportations against the Afghan People, Violation of Freedom of
Expression and Arbitrary Detentions of
Muslim critics, Violation of Freedom of Thought and Religion
of Christians, Violation of the Human Right to Life and
Violation of Islamic Law through the Unlawful Use of the Death Penalty,
Violation
of Constitutional Law for breaching international treaties, Attacks
against human rights defenders, Forced Disappearances as well as Torture
and Extrajudicial Executions against Balochistan, Violation of Women's Rights for
having sexually abused hundreds of thousands of women, and finally War
Crimes and Extermination against Bangladesh.
Because the old system of Buddhist Civilization
reigned millennially in Pakistan, it
is important that Buddhism does not remain silent in the face of these International
Crimes and Violation of Buddhist Law by the contemporary government of Pakistan. Although the Maitriyana
Community follows the path of interreligious and interspiritual dialogue, it
simultaneously has an indestructible commitment to fight against injustice,
especially when crimes are committed in the name of a religion, which is why Pakistan is sentenced for betraying the
values and ethical principles of Islamic Spirituality. While the "Supreme Court of Pakistan"
maintains and does not punish the systematic and widespread regime of human
rights violations that go against civilization of peace, it will be Responsible for violations of
International Law, especially violating treaties signed by Pakistan, such as the International
Covenant on Civil and Political Rights; the Convention against Torture and Other Cruel, Inhuman or Degrading
Treatment or Punishment; the Convention
on the Rights of the Child; the Convention
on the Elimination of All Forms of Discrimination against Women; and the International Convention on the Elimination
of All Forms of Racial Discrimination.
In this sense, even though Pakistan has made reservations on some articles of the International
Covenant on Civil and Political Rights with the aim of maintaining
discriminations against women and against religious minorities, according to
the U.N. Human Rights Committee such
reservations about certain articles would be invalid when they affect the
integrity, aims and purposes of the Convention,[1] which means that Pakistan is internationally obliged to
comply it. Even as the Vienna Convention on the Law of the Treaties
prohibits reservations from being incompatible with the objectives of the
treaties, then any reservation that Pakistan
may have to comply with the binding legal obligations of the International
Covenant on Civil and Political Rights would be genuine whenever they are
not functional to the violation of civil and political rights or when they do
not violate the rules of the International Customary Law, which means that Pakistan cannot make reservations about
the fulfillment of the rights to life and freedom of thought and religion. At
the same time, the U.N. Human Rights
Committee has established that the subordination of civil and political
rights with respect to Domestic or State Law is inadmissible and legally
prohibited.[2]
The Buddhist
Tribunal on Human Rights confirms that sectors 298 B and 298 C of the Pakistan Penal Code, used against the
Ahmadiyya Community, violate Article 20 of the Constitution of Pakistan where it is established that every
citizen has the right to profess, practice and propagate his or her religion.
In fact, having rejected the appeals of the Ahmadiyya Community in the Case of Zaheeruddin
v State (1993), with the exception of Judge Shafiur Rahman, the "Supreme Court of Pakistan"
has demonstrated its total complicity with the illegal regime that violates
both the Constitution of Pakistan as
well as the international human rights treaties signed by the country. However,
before the current deterioration of the Pakistani judicial system, the "Supreme Court of Pakistan"
functioned more adequately, as when in the case of Jibendra Kishore Acharyya
Chowdhury v East Pakistan (1957) it affirmed that the fundamental rights
guaranteed by the Constitution of
Pakistan cannot be overridden through the law, because otherwise there
would be a fraud against citizens.
The Buddhist
Tribunal on Human Rights confirms the fact that the death penalty cases
carried out by the justice system of Pakistan against blasphemers not
only violate International Law due to their discriminatory nature, but also
because they are often improper procedures without the right to defense and
without right to a quick trial, since the victims are usually illegally
imprisoned for more than a decade and without access to legal representation. In
the case of "Smartt v Guyana" the U.N. Human Rights Committee established that leaving the defendant
defenseless in death penalty cases turned the totality of the judicial
proceedings into a violation of the International Covenant on Civil and
Political Rights. In the Cases of "Munoz Hermoza v Peru"
and "Lumanog and Santos v Philippines", the U.N. Human Rights Committee established
that a fair hearing implies that there is no undue delay. Another violation of
the right to fair hearing that occurs in the courts of Pakistan is that in cases of blasphemers sentenced to death there
are multitudes of people outside the courts, pressuring and threatening the
judges not to release the accused ones, so that this hostile climate violates
the right to a fair hearing, as established by the UN Human Rights Committee in the Case of Gridin v Russian
Federation.
The Buddhist
Tribunal on Human Rights confirms that Pakistan's
legal system uses the illegal procedures of arbitrary detention and torture in
a systematically and widespread way. With respect to arbitrary detentions under
false pretext, the U.N. Human Rights
Committee has established that these types of procedures violate the International
Covenant on Civil and Political Rights, as established in the Case of “Mulezi
v Democratic Republic of the Congo". Also, about the multiple cases of
deaths caused by torture under the force of the law, which usually go
unpunished and without being investigated, the U.N. Human Rights Committee has established in the case of “Sathasivam
and Saraswathi v. Sri Lanka" that these types of practices violate the
International Covenant on Civil and Political Rights. Even when the
murders are carried out by civilians, as is the case of radical groups that
burned several Christians alive and set their churches on fire, the judicial
system of Pakistan does not usually
investigate or condemn those responsible, despite the fact that failing to
provide judicial remedy to the victims constitutes a violation of the International
Covenant on Civil and Political Rights, as established by the UN Human Rights Committee in the Case
of "Sankara and Ors v Burkina Faso".
The Buddhist Law considers that courts and tribunals
around the world should always give voice to the victims and the defenseless
instead of being mere techniques of maintaining impunity and the status quo of
the rich and powerful. Therefore, when the official courts and tribunals do not
fulfill their judicial function, then the communities have the right and the
duty to assume alternative processes of conflict resolution, always being
faithful to the socialist principles of peace, justice, human rights and
ecological harmony. This legal activism of Maitriyana continues the path of
juridical civil disobedience of Gandhi and Ambedkar, propitiating social
liberation and change in the face of oppression, especially when the State
monopolizes the administration of justice in a biased way and discriminating
against the weakest or violating the fundamental freedoms established in
international treaties. Obviously, the Buddhist Law is not in favor of the
alternative justice of the jirgas and
panchayat of Pakistan that violate
human rights through violent or unlawful punishments, especially violating the
rights of girls and women by turning them into property after have mixed Islam
with criminal feudal practices and contrary to Islamic morality, as they tend
to provide pseudo-restorative justice through trading women, torture and murder.
However, the Maitriyana does not fail to recognize the immense value of the
popular courts and the alternative conflicts resolution methods when they
effectively respect human rights, practicing a legal pluralism that
demonopolizes the administration of justice when the State is ineffective,
incompetent and criminal. In fact, the very U.N. recognizes the value of informal or non-State justice systems,
considering that they are practices of indigenous communities that should not
be discriminated and that can contribute much to the administration of justice
through customary practices. Ultimately, Pakistan
will only be able to become a civilized State through the Righteous and Appropriate Justice practiced by the Maitriyana, so
that the “Supreme Court of Pakistan”
must learn the art of restorative justice in order to heal and harmonize
society, which is not a Western idea but points to the very heart of Islamic
Customary Law and its vision of the ideals of respect, dignity, reparation,
repentance, forgiveness, rehabilitation, purification, mercy, reconciliation,
responsibility and liberty.
In conclusion, the Buddhist Tribunal on Human Rights has
the Purpose (Dharma) to protect the whole humanity through active
contemplation, compassionate wisdom and humanitarian ethics, especially by
judging governments that commit genocide and crimes against women,
as is the case of Pakistan.
Therefore, it is established that the "Supreme
Court of Pakistan" has violated International Law and also the Islamic
Law through genocidal activities that produce a systematic and widespread
scheme of violations against the rights of human beings that are protected by
international treaties. Undoubtedly, Pakistan
should strip away all genocidal and criminal traits, especially abandoning any
kind of misuse of the Islamic religion carried out by guerrilla and terrorist
groups such as ISIS, having to
recover the predominance of Islamic Spirituality and its passion for the
contact with the divine. Therefore, this ethical judgment against the "Supreme Court of Pakistan"
is a great lesson for this Great country to become again a righteous government
that does not do evil, does the good and
spiritually purifies, as Pakistan
was during the reign of the Ancient Buddhist Civilization.
Following Master Gautama,
who developed a movement of peace and defense of women, the Buddhist Tribunal on Human Rights
supervises that governments do not attempt against ethics and human rights,
never betraying the value of human life, so that the “Supreme Court of Pakistan” has been sentenced as Responsible for Genocide, Ethnic Cleansing,
Crimes against Humanity, Crimes against Peace, Crimes against Women, Violation
of International Human Rights Law and False Islamic Law.
With spirit of reconciliation
(maitri),
Master Maitreya
Samyaksambuddha
President and Spiritual
Judge of the Buddhist Tribunal on Human
Rights
[1] Human Rights Committee, General Comment No
24:Issues relating to Reservations made upon Ratification or Accession to the
Covenant or the Optional Protocols thereto, or in relation to Declarations
under article 41 of the Covenant, 52nd sess, un doc CCpr/C/21/rev.1/add.6 (4 november
1994).
[2] Human Rights Committee, General Comment No
24:Issues relating to Reservations made upon Ratification or Accession to the
Covenant or the Optional Protocols thereto, or in relation to Declarations
under article 41 of the Covenant, 52nd sess, un doc CCpr/C/21/rev.1/add.6 (4 november
1994).