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Announcments

Dear Members: 

Many of you have expressed interest in knowing what we are doing locally to support the lawyers and judges in Pakistan who have risen up to protest steps by Pakistani President, General Musharaff , to dismantle the court system and judiciary of that country. The Bar Association of San Francisco (BASF) has been actively monitoring the issue, sending letters to our United States Senators urging support for the many thousands of lawyers imprisoned and detained by this action, calling for reinstatement of the pre-November 3, 2007 Pakistani Supreme Court and  an actual (and not cosmetic) lifting of marital law and of media censorship . 

After joining several of our sister bar associations to rally in solidarity with our fellow Pakistani lawyers and bar associations, BASF hosted a teleconference on December 12 with lawyers in Pakistan to discuss the suspension of Pakistan's Constitution and the arrest of Supreme Court and High Court Judges, lawyers and activists. The event was recorded so that you can listen, first-hand, to the reports from lawyers who were arrested. We are grateful for the assistance of David Bennett , of Major, Lindsey & Africa, who volunteered his services to record this event and distribute it on the internet.  Scott Graham, the editor in chief of The Recorder , wrote about the event with the headline: Pakistan Lawyers: No Judiciary, No Democracy , and posted a link to the audio recording. Click here to read the article.

For lawyers, and those who believe that democracy is based on an independent judiciary that enforces the rule of law, it will be shocking to hear about Supreme Court and High  Court judges still under house arrest. This is a teleconference well worth your time, and we invite you listen to it.

We believe that BASF and other bar associations must continue to demand  the restoration of an independent and impartial judiciary in Pakistan  and a cessation of the crackdown on dissenting lawyers.

On November 3, 2007, the Constitution of Pakistan was unilaterally suspended by the President, General Musharaff. By evening the majority of the Supreme Court  Judges and other Judges were under house arrest. All Pakistani and international news channels were forced off the air. In order to curb criticism of the suspension of the Constitution, the government cracked down on the lawyers. More than 5,700 lawyers, judges, activists and journal ists were imprisoned for voicing their opposition and demonstrating peaceably. As the participants in our teleconference explained, they believe the real reason for suspending the Constitution and purging the judiciary was that Pakistani law did not allow General Musharaff to continue in power.  His election for another five-year term was under challenge in the Supreme Court. The Supreme Court was expected to announce its ruling on November 8, but Musharaff's actions effectively dismantled the judiciary.

Notwithstanding recent reports about the supposed lifting of martial law and certain media restrictions, and even the scheduling of an election on January 8, 2008, the pre-November 3 judiciary has not been restored, the crackdown on lawyers continues, and non-cooperative TV stations and other media continue to be shuttered or heavily censored. One of our teleconference speakers, Khwaja Ahmad Hosein, eloquently implored the audience not to be fooled by these cosmetic measures and to remain committed to the cause of restoring an independent judiciary.

We wish to thank the prominent Pakistani lawyers, all of whom were previously arrested without warrant and incarcerated without bail, for participating in this historic teleconference.  They are:

  • Zahid F. Ebrahim, Supreme Court of Pakistan Advocate, Partner of Ebrahim Hosain
  • Khwaja Ahmed Hosain, Barrister at Law, Partner of Ebrahim Hosain
  • Salahuddin Ahmed, Barrister at Law, Partner of Malik, Chaudhry, Ahmed and Siddiqi

The teleconference was moderated by Nanci Clarence , of Clarence & Dyer LLP and 2007 BASF President, Naomi Rustomjee, of Coblentz, Patch, Duffy & Bass LLP, and Kurshid Khoja, of Thelen Reid Brown Raysman & Steiner LLP. The Pakistani Lawyers commented not only on the situation in Pakistan , but also on the implications for the safety and security of the United States .

To listen to the teleconference, click on the link below. 

https://cc.readytalk.com/play?id=go985m4q

Note: Recording playback requires Flash. If you do not have Flash installed, you will be prompted to install it before playback begins.

For additional instructions on playback, click here:

https://www.callinfo.com/help/ArchivePlaybackInfo.html

I think you'll find the stories told by these Pakistani lawyers to be riveting  and thought-provoking . We urge you all to join with us in our efforts to support a free, impartial and independent judiciary in Pakistan .

 

Sincerely,

Nanci Clarence