Daily Times

ISLAMABAD: Pakistan military courts have so far concluded the trial of 105 civilian militants since their establishment in January 2015.

According to a recent report of the International Commission of Jurists (ICJ), among the said 105 civilian militants, the military courts found 81 guilty while 77 people had been awarded death sentences while four had been given life sentences.

The International Commission of Jurists (ICJ), established in 1952, is a body composed of 60 judges and lawyers from all regions of the world dedicated to the promotion and protection of human rights through the rule of law.

So far, the heirs of 17 people convicted by military courts have alleged that the convicts were denied a right to a fair trial in petitions to the Supreme Court of Pakistan.

According to the ICJ in its recent papers, the petitioners alleged that the violations included denial of the right to counsel of choice, failure to disclose the charges against the accused and failure to give convicts copies of a judgment with evidence and reasons for the verdict.

Regarding such petitions, the ICJ stated that the top court of the country was expected to issue rulings on the petitions imminently.

However, the recently released briefing papers of the ICJ titled “Military justice system was unjust and ineffective” reaffirmed that Pakistan should stop putting civilians charged with terrorism-related offences on trial before the military tribunals.

ICJ’s Asia Director Sam Zarifi said that there was no doubt that the Pakistan government had an obligation to protect people in Pakistan from terrorist acts, but military tribunals are not a proper or effective response to this real threat. “These tribunals are opaque and operate in violation of national and international fair trial standards, and so are not effective in providing justice, truth or even proper remedies for the victims of terrorism,” said Zarifi.

“The Supreme Court has the opportunity to ensure that at the very least, the procedures of military courts meet basic standards of fairness,” Zarifi said further in the analysis report.

The National Action Plan envisioned military courts to be a short-term “solution” to try “terrorists”, to be operational only for a two-year period during which the government would bring about necessary “reforms in criminal courts system to strengthen the anti-terrorism institutions,” stated the report.

“Now, with just six months left before the 21st Amendment expires, Pakistan has also failed to address failures of the criminal justice system, which were used as a justification for military trials for militants,” Zarifi added.

The ICJ report further stated that the recent media reports of letters said to be from a judge (unnamed) of a military court had raised concerns about the accuracy of the testimonies against the accused; discrepancies between the charges and the evidence provided; and lack of legal training of military courts’ officers.

However the ICJ in its brief analysis also mentioned that the commission was not in a position to verify the authenticity of the letters.

The ICJ has called on the Pakistan government to roll back the system of “military injustice”, and ensure that the 21st Amendment is not extended at the expiration of the sunset clause.

The ICJ has also urged that Pakistan reinstate a moratorium on executions with a view to abolishing the death penalty in law and practice.