Tuesday, May 6, 2025

ICJ briefing paper on "a glaring surrender of human rights"

The International Commission of Jurists has just issued a new briefing paper on Pakistan's misuse of military courts to try civilians. You can find the ICJ's summary here. Excerpt:

Proceedings before Pakistani military courts fall well short of national and international standards requiring fair trials before independent and impartial courts:

  • Judges are part of the executive branch of the State and continue to be subjected to military command;
  • The right to appeal to civilian courts is not available;
  • The right to a public hearing is not guaranteed;
  • A duly reasoned, written judgment, including the essential findings, evidence and legal reasoning, is denied; and
  • The procedures of military courts, the selection of cases to be referred to them, the location and timing of trial, and details about the alleged offences are kept secret.

The ICJ has urged Pakistan to undertake a comprehensive review of its laws, policies and practices in the administration of justice, with a view to ensuring that military courts only have competency to try military personnel for exclusively military offences. Pakistan should also ensure military courts in no manner have jurisdiction over civilians, including for security-related offences, and military courts should, in law and practice, meet all fair trial standards in accordance with Article 14 of the International Covenant on Civil and Political Rights (ICCPR).

The full text of the ICJ's briefing paper appears here.

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