Wednesday, January 7, 2015

Summary of Pakistani military court legislation

The Dawn has this dry-eyed account of the new Pakistani military courts legislation. For example:
Is there a right of appeal?
The bill, however, is silent about section 133 of the PAA, which deals with the right of appeal against the judgment of military court in the superior courts. Under the PAA, the civilian courts do not have the right to hear appeals against judgments awarded by the military courts.
According to [former Judge Advocate General, retired Brigadier Wasif Khan] Niazi, the fact that the latest amendment to the PAA does not mention this right to appeal means that the convict of the military courts will continue to have no right of appeal in the civilian courts; after the military appellate court upholds the order of field general court martial, the order would be final and would not be challengeable in civilian courts such as the Supreme Court.

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