When the legislation allowing military courts to try civilians was passed in the aftermath of the Army Public School (APS) massacre in 2012, one lawmaker had famously stated that it was ‘the last breath taken by Parliament’.
Though the courts were put in place as an exceptional measure, they continue to exist in complete violation of international law and republican principles on which this country’s constitution has been based. Recently, the Interior Ministry has referred another 29 cases to military courts just two days after a meeting between Prime Minister Shahid Khaqan Abbasi and the Chief of the Army Staff (COAS) in which the latter had expressed concerns over delay in transfer of terrorism cases to military courts. As has been the practice at these courts, the trials will proceed in complete secrecy and one day we will be told by the ISPR spokesperson that these suspects were found guilty and sentenced. There will be no way to tell if the due process was upheld in these trials.
In addition to these 29 cases, another 90 are set to be reviewed in the next federal cabinet meeting. Some or all of these 90 may also end up in military courts.
The Pakistan Muslim League-Nawaz (PML-N) government has brushed any reasons it may have had for not transferring the cases sooner under the carpet, because it was apparently ‘busy elsewhere’. But the Interior Ministry needs to clarify how it decided to choose the 29 cases transferred on such a short notice after the meeting between the PM and the COAS.
Pakistan’s military courts operate with absolute impunity. It is not uncommon for the authorities to randomly release information just about punishments meted out to individuals without any accompanying details about their arrests, trial and evidence used to convict them. And then, there is no real right to appeal. Pakistan is the only country in South Asia to allow military courts to try civilians.
The PML-N government is not without blame here. Had they stood up to the terrorists before the APS massacre, they would not have to take any exceptional measure to deal with the menace. The government failed to act in time, proving that it was not equipped or willing to take action against groups who were murdering Pakistanis every day.
When the APS attack took place, military courts were allowed as an exceptional measure. However, the Parliament extended their duration later on. Importantly, the extension was related to controlling terrorism, so the authorities must not sit and wait for a time when terrorism will disappear on its own. They must immediately review the security situation and revise the time frame for the abolition of these courts. The sooner these courts are abolished, the better it is for Pakistan’s democracy. *
Published in Daily Times, November 7th 2017.