ISLAMABAD: Amnesty International has said that Pakistan’s use of military courts to try civilians is a clear violation of international law.
In a tweet on Friday, the human rights watchdog highlighted that the country’s existing criminal laws contain provisions to prosecute offences such as vandalism and destruction of public property.
“Using military courts to try civilians is a clear violation of international law. There are several provisions under ordinary criminal laws that can be used to prosecute vandalism and destruction of public property. The right to a fair trial, guaranteed by Pakistan’s constitution, is severely undermined by this move and cannot be justified. It must be struck down immediately,” said the human rights body.
It emphasised that using military courts to try civilians undermines the right to a fair trial guaranteed by Pakistan’s Constitution and cannot be justified.
Human rights defenders have sharply criticised Pakistan for announcing plans to use military courts to prosecute those responsible for arson during recent protests triggered by the arrest of former PM Imran Khan. In a statement Tuesday, Human Rights watchdog described the controversial move as alarming and contrary to international law, and demanded it be struck down immediately.
“Any indication that the trial of civilians could be held in military courts is incompatible with Pakistan’s obligations under international human rights law,” it said. The human rights watchdog believes that civilians must not be tried under military laws as it held purely an intimidation tactic designed to crack down on dissent.
Khan was violently taken into custody by paramilitary troops over graft charges from inside the Islamabad High Court premises in the capital, Islamabad, on May 9 as he prepared to attend a hearing in a separate case.
The 70-year-old politician has since been released after the Supreme Court termed his arrest ‘illegal’. The violence prompted the military to announce it had collected “irrefutable evidence” about culprits involved in “these heinous crimes” as it vowed to prosecute them under military and anti-espionage laws. The Human Rights Commission of Pakistan (HRCP) Tuesday said it strongly opposes using the military courts to try civilians.
“While those responsible for arson and damaging public and private property during the recent protests should be held to account, they remain entitled to due process,” the HRCP said. Imran Khan has, however, distanced his party from the attacks on the military and other targets during the protests.
Imran Khan’s nearly four-year-old government was toppled in April 2022 by a vote of no-confidence. He has since persistently accused the military of orchestrating his removal to enable Sharif to become prime minister. Both the army and Sharif reject the charges.
The deposed prime minister faces more than 100 FIRs, ranging from sedition and corruption to murder charges and terrorism. He rejects the allegations, saying they are a pretext for the governemnt and the military to block him from returning to power in next general elections.
PTI’s critics say Khan won the 2018 elections to become the prime minister with the military’s backing while his ouster was the outcome of tensions with the institution over foreign policy and other issues.
The Supreme Court Bar Association representatives belonging to the Professional Lawyers Group has also opposed the trial of suspects of the May 9 violence by military courts, terming it “unconstitutional”.
On Thursday, they condemned the violence unleashed countrywide on May 9. In a statement, SCBA President Abid Zuberi, Secretary Muqtedir Akhtar Shabbir, Additional Secretary Muhammad Shakeelur Rehman as well the body’s provincial office-bearers stated that they condemned the “criminal events” of May 9 in the wake of PTI chairman’s arrest as they stood with the rule of law and supremacy of the Constitution.
Pointing out the “criminal events” that took place on May 9, the SCBA office-bearers stated that a violent mob attacked Jinnah House in Lahore, ransacked the place, and resorted to vandalism. They further said that military installations across the country were attacked in a similar manner. “Such acts of violence and destruction not only undermine the rule of law but also threaten the stability and security of the country,” they continued.
Similarly, the SCBA said that targeting military installations posed a threat to national security. However, they also underlined that while it was important to address the security concerns as well as maintain law and order, it was equally vital to uphold the principles of justice, fairness, and due process.
“As such, trials to be conducted under military courts may raise questions about transparency, impartiality, and the protection of civil liberties,” they argued.
The SCBA office-bearers called upon the government and law-enforcement agencies to thoroughly, impartially, and independently investigate the events of May 9, hold those ”actually” responsible for them accountable, and ensure that justice was served.
