Pakistan COAS endorses death sentence for retired brigadier and a civilian for "espionage"

Pakistan military court, a field general court martial (FGCM), has recently awarded punishment to two senior retired Army officers and one civil officer on the charges of espionage/ leakage of sensitive information to foreign agencies prejudice to the national security. The officers were tried under Pakistan Army Act (PAA) and Official Secret Act by separate FGCM for separate cases, as informed by the Pakistan military’s media wing. The three individuals who have been awarded punishments are:

1.     Retired Lieutenant General Javed Iqbal — awarded 14 years rigorous imprisonment

2.     Retired Brigadier Raja Rizwan — awarded death sentence

3.     Doctor Wasim Akram (Employed at Sensitive Organisation) — awarded death sentence

These punishments have been confirmed by the Chief of the Army Staff, General Qamar Javed Bajwa. There is no statutory right to appeal against the punishment awarded by the FGCM, however, a convicted person may make mercy petition to the Chief of the Army Staff. After an amendment to the Pakistan Army Act issued in 2015 (Act No. XIX), the trial by FGCM have become most notorious and secretive under the military legal system in Pakistan. The Convening officer or the military court may make an order for not publishing the names of court officials, witnesses, prosecutors and even defending officers provided to an accused.

Brief information about the trial is available at newspaper Dawn<https://www.dawn.com/news/1485510>

Courts-martial in the 21st century

Have you been following United States v. Gallagher? If so, you may have noticed intensive media coverage of motion practice before the court-martial. Only one problem: as exemplified by this story, the underlying legal papers are often referred to, sometimes quoted, but never linked to or posted online. Will someone please explain why, in this digital age, the U.S. Government still has no regular way to make trial-level pleadings and rulings available immediately to the public and the media? C'mon, folks. You can do this thing.

New convening authority for military commissions

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Should a prosecutor also be a judge?

A colonel in the Colorado National Guard has been appointed the state's first military judge. Colorado updated its Code of Military Justice last year.

The new judge is, in civilian life, the district attorney for one of the state's judicial districts. Honk if you think it's inappropriate for a judge to be a prosecutor.

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California Republican congressman Duncan Hunter Jr., who is under federal indictment, has supported Chief Edward Gallagher. Here's the latest.