International human rights body, the Human Rights Watch, has urged the Pakistan government to immediately transfer civilians – set to be tried in military courts – to the civilian justice system. In a statement on Wednesday, HRW said trying civilians before military courts violates Pakistan’s obligations under international human rights law to ensure the due process and fair trial rights of criminal suspects. The police have handed 33 civilian suspects over to the army for trial in military courts. The suspects are charged with attacking sensitive defense installations, and damaging or stealing important government equipment, computers, and other sources of data collection. The Pakistan Army Act 1952, and Official Secrets Act 1923 allow trying civilians in military courts only in narrowly defined circumstances, including for inciting mutiny, spying, and taking photographs of “prohibited” places. “The Pakistani government has a responsibility to prosecute those committing violence, but only in independent and impartial civilian courts,” said Patricia Gossman, associate Asia director at Human Rights Watch.
“Pakistan’s military courts, which use secret procedures that deny due process rights, should not be used to prosecute civilians, even for crimes against the military.”
The Human Rights Committee, the international expert body authorized to monitor compliance with the ICCPR, has stated that the “trial of civilians in military or special courts may raise serious problems as far as the equitable, impartial and independent administration of justice is concerned,” and that “trials of civilians by military or special courts should be exceptional, i.e. limited to cases where the State party can show that resorting to such trials is necessary and justified by objective and serious reasons, and where … regular civilian courts are unable to undertake the trials.” International human rights standards provide no basis for Pakistani authorities to try these cases in military courts, especially as the civilian courts are functioning, HRW said.
“Denying people a fair trial is not the answer to Pakistan’s complex security and political challenges,” Gossman said. “Strengthening the civilian courts and upholding the rule of law is the message the Pakistani government should send as an effective and powerful response to violence.”
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