SCBAP opposes military trial of civilians

Pakistan's Supreme Court Bar Association has come out strongly in opposition to the use of military courts to try civilian protestors, according to this article in The News International. Excerpt:

SCBA President Abid S. Zubairi, along with other officer-bearers, in a statement, said that at this juncture, it was important to address security concerns and maintain law and order. It is equally vital to uphold principles of justice and fairness.

Abid S. Zubairi

“As such, trials to be conducted under military courts may raise questions about transparency, impartiality and protection of civil liberties”, the SCBA president said, adding that it was crucial to ensure that all individuals accused of crimes were granted their fundamental rights (as enshrined in Articles 4, 8, 9, 10, 10-A and 14 of the Constitution). He said such courts might also lack civilian oversight and accountability as they were composed of military officers, and their procedures and standards of evidence might differ from those of civilian courts.

“The trial by military courts shall be unconstitutional,” Zubairi said, adding that it was equally important to strike a balance between security imperatives and protection of civil liberties, including the right to fair trial.

Here is an excerpt from an op-ed by a former press secretary to the President of Pakistan, presenting a very different view.

However, Pakistan is not the only country that supports military tribunals. The military courts in Egypt, which are also known as military tribunals, have jurisdiction over both military personnel and civilians in instances involving national security, terrorism, and other offenses relating to the armed forces. Military tribunals are courts that are similar to the military courts in the United States.[*]  Israeli military tribunals are in charge of prosecuting Palestinians in the West Bank and Gaza Strip for crimes under military law as well as for offenses relating to security. Cases involving military personnel for offenses under the Russian military justice system are heard in military courts in Russia.

Are you persuaded?

* Really? Are trials public? Is there a military judge with the protection of a fixed term of office and the power to make binding rulings on legal issues? Are all defense counsel attorneys? Is there a right to appellate review by a civilian court? Is there protection against command influence? [Footnote added.]