Monday, April 1, 2019

The end of Pakistan's military courts' jurisdiction over civilians -- will it stick?

The Express Tribune reports:
Military courts, which were set up under the National Action Plan (NAP) in 2015 to try civilians on terrorism charges, ceased to function on Sunday following the expiry of their second two-year constitutional term.

The government has already made the decision to give another extension of two years to the military courts. However, it lacks the support of opposition parties over the issue as it does not have the required two-thirds majority in any of the two houses of the Parliament to carry out the constitutional amendment for the purpose.
Might these courts rise from the grave? It can't be ruled out. After all, they were revived once after expiry, with several months' retroactive effect. Still their end -- if it sticks -- can only be greeted with relief. The article points out that official data on the courts is unavailable. Why is that? There should be a detailed accounting of all of the cases that passed through the system. Who was tried for what, with what outcome? And what of the cases that are pending within the military court trial and appellate system, as well as those pending review in the High Courts and Supreme Court?

Dawn has a good summary of the history and legal context here.

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