Saturday, November 9, 2024

Human Rights Committee's "Concluding Observations" on Pakistan

The UN Human Rights Committee's Nov. 7, 2024 Concluding Observations on Pakistan can be found here. From p. 11 (footnote omitted):

Military courts

42. The Committee remains concerned about the use of the Pakistan Army Act 1952 to prosecute civilians in military courts. It is also concerned about reports that indicate a very high rate of convictions handed down by military courts and that those convicted have been sentenced to death in the majority of cases between 2015 and 2019. It is further concerned that military courts lack independence and that civilians tried in military courts do not benefit from the same due process guarantees as those provided for in the civilian judicial system. While noting the ruling of the Supreme Court of October 2023 that declared the military trial of civilians unconstitutional and contrary to international human rights standards, the Committee regrets that the ruling was suspended and is concerned that the civilians remaining in the military courts may not be released until the Supreme Court issues a final order (arts. 2 and 14).

43. In accordance with articles 14 and 15 of the Covenant and in the light of the Committee’s general comment No. 32 (2007) on the right to equality before courts and tribunals and to a fair trial, and recalling its previous recommendations, the State party should take prompt measures to review the legislation on military courts, abrogate their jurisdiction over civilians and their authority to impose the death penalty, and bring their proceedings into full conformity with articles 14 and 15 of the Covenant in order to ensure a fair trial. The State party should also release on bail all civilians detained under the jurisdiction of military courts.

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