Mar 14, 2017 | News
The ICJ urged the Pakistan government to withdraw its proposal to reinstate and widen the scope of military trials for civilians.
“Bringing back military courts is an attempt to deflect attention from the real issue: the Government’s failure to enact reforms to strengthen the criminal justice system during the two years the 2015-2017 military courts were in operation,” said Sam Zarifi, ICJ’s Asia Director.
Bills to amend the Constitution of Pakistan and the Army Act, 1952, to extend the jurisdiction of military courts to try a wide variety of terrorism-related offences, were introduced before the National Assembly (lower house of parliament) on Friday, 10 March.
The “terrorism-related” offences include, among others: abducting any person for ransom; raising arms of waging war against Pakistan; causing any person injury of death; using or designing vehicles for terrorist attacks; creating terror or insecurity in Pakistan; and attempting, aiding or abetting any of these acts.
The new amendments are also applicable in all cases where the accused commit “grave and violent acts against the State”. The mandatory requirement to belong to a group that uses “the name of religion or sect”, as introduced by the 21st Amendment and corresponding amendments to the Army Act introduced in 2015, is no longer applicable.
“The expansion of military courts’ jurisdiction over all ‘grave and violent acts against the State’ creates the possibility that these courts could be used against a wide variety of people, including those who are legitimately exercising their rights to speech, association, and assembly,” added Zarifi.
According to the preambles of the bills, an “extraordinary situation” and a “grave and unprecedented threat to the integrity of Pakistan” still exist in the country, and military courts are being revived because they “yielded positive results in combatting terrorism” in the two years they were in operation.
“The military courts have not had any positive results in combating terrorism, given the country’s ongoing problem with acts of terrorism and armed insurgents,” said Zarifi. “Instead, military trials of civilians have further eroded the rule of law and weakened the government’s legitimacy in providing justice and defending the rights of people in Pakistan.”
Background
Military courts constituted under the 21st Amendment convicted 274 people in the two years during which they were in operation, from 7 January 2015 to 6 January 2017. Of those 274 convictions, 161 people were sentenced to death and 113 people were given prison sentences. At least 17 people given death sentences have been executed by hanging. The enabling legislation for these courts lapsed on 6 January 2017 pursuant to a two-year sunset clause.
The ICJ recalled that the use of military courts to try civilians is inconsistent with international standards.
The ICJ has documented serious fair trials violations in the operation of military courts including: denial of the right to counsel of choice; failure to disclose the charges against the accused; denial of a public hearing; failure to give convicts copies of a judgment with evidence and reasons for the verdict; and a very high number of convictions based on “confessions” without adequate safeguards against torture and ill treatment.
Contacts
Sam Zarifi, ICJ Asia Pacific Regional Director (Bangkok), t: +66 807819002; e: sam.zarifi(a)icj.org
Reema Omer, ICJ International Legal Adviser for Pakistan (London), t: +447889565691; e: reema.omer(a)icj.org
Mar 13, 2017 | Events, News
The ICJ and the Human Rights Commission of Pakistan are convening a side event at the UN Human Rights Council, entitled “Rights vs Security? Protecting human rights while countering terrorism in South Asia”.
The event takes place 15 March 2017, 12:00-13:00, Palais des Nations, Room XXI
Many States in South Asia are responding to security risks posed by terrorism in a manner that erodes respect for the rule of law and human rights—and, as demonstrated around the world, can actually weaken the ability to counter terrorism. ICJ’s panel discussion featuring prominent activists and lawyers from the region takes stock of recent developments and considers a regional way toward countering terrorism while strengthening justice.
Panelists:
Mr I. A. Rehman: Human Rights Commission of Pakistan (Pakistan)
Mr Adilur Rahman Khan: Odhikar (Bangladesh)
Mr Gehan Gunatilleke: Lawyer and researcher (Sri Lanka)
Ms Sanhita Ambast: Human rights lawyer (India)
Moderator:
Mr Massimo Frigo: International Commission of Jurists
A flyer may be downloaded here.
Mar 12, 2017 | Events, News
A side event at the UN Human Rights Council, 13 March 2017.
13 March, 13:30-15:00
Palais des Nations, Room XXVII
As spaces for human rights defenders shrink because of new laws, policies and intimidation tactics, senior rights activists from Pakistan talk about the challenges they face in their work to promote and protect human rights in the country.
Panelists:
Mr I. A. Rehman: Human Rights Commission of Pakistan
Ms Asma Jahangir: AGHS Legal Aid Cell
Mr Mohammad Tahseen: South Asia Partnership Pakistan
Mr Peter Jacob: Center for Social Justice
Moderator:
Ms Reema Omer: International Commission of Jurists
Flyer available here.
Feb 22, 2017 | News
The Pakistan Government must not bring back military courts to try civilians for terrorism-related offences, the ICJ said today.
An earlier law giving military courts authority to try civilians lapsed after two years on 6 January 2017.
The use of military courts to try civilians is inconsistent with international standards, the ICJ recalled.
“Evidence from practice clearly shows that not only have military trials of civilians been blatantly unjust and in violation of the right to a fair trial, they have also been ineffective in reducing the very real threat of terrorism in Pakistan,” said Sam Zarifi, ICJ’s Asia Director.
According to media reports, the draft amendment, if adopted, would extend the “exceptional” use of military courts for another three years. The ICJ fears that repeated extensions risk making the practice effectively permanent.
It would also give military courts jurisdiction over any offence considered to be an act of terrorism, a broader mandate than 2015 constitutional amendment, which was applicable only to “terrorism motivated by religion or sectarianism” and where the accused were “members of proscribed organizations”.
“Bringing back military courts deflects attention from the real issue: the Government’s complete failure to enact necessary reforms to strengthen the criminal justice system in the two years military courts were in operation,” Zarifi said.
“The Government must account for its failure to deliver on the promise of delivering justice for the victims of terrorism and other abuses in Pakistan instead of once again extending the “exceptional” use of military courts for civilian trials,” he added.
The Government has scheduled a meeting with opposition parties on 23 February in an attempt to achieve consensus over a constitutional amendment to restore military courts.
Constitutional amendments require a two-thirds majority vote in both houses of parliament to be enacted.
While the ruling party has the requisite majority in the National Assembly (lower house), it appears to lack the numbers in the Senate (upper house) to pass the amendment.
The Pakistan Parliament must stand up to the executive in defense of the rights of all people in Pakistan, instead of allowing the administration to bring back—and even expand—a discredited and abusive process, the ICJ says.
Pakistan passed the 21st amendment to the Constitution in January 2015, authorizing military courts to try civilians for terrorism-related offences for a period of two years. The 21st amendment lapsed on 6 January 2017.
Military courts have convicted 274 people in the two years since they have been used to try civilian terror suspects. . One hundred and sixty-one people were sentenced to death and 113 people were given prison sentences. At least 12 people given death sentences have been executed by hanging.
The ICJ has documented serious fair trials violations in the operation of military courts including: denial of the right to counsel of choice; failure to disclose the charges against the accused; denial of a public hearing; failure to give convicts copies of a judgment with evidence and reasons for the verdict; and a very high number of convictions based on “confessions” without adequate safeguards against torture and ill treatment.
The ICJ unequivocally opposes the use of the death penalty as a violation of the right to life and freedom from cruel, inhuman or degrading punishment.
Contact
Sam Zarifi, ICJ Asia Pacific Regional Director (Bangkok), t: +66 807819002; e: sam.zarifi(a)icj.org
Reema Omer, ICJ International Legal Adviser for Pakistan (Lahore), t: +923214968434; e: reema.omer(a)icj.org
Jan 6, 2017 | News
As Pakistani military courts once again cease to have jurisdiction over civilians for terrorism-related offences, the Government must urgently reform the country’s criminal justice system, the ICJ said today.
Perpetrators of terrorist attacks must be brought to justice pursuant to fair credible trials and in accordance with due process, the human rights organization added.
The 21st Amendment and corresponding amendments to the Army Act 1952 are scheduled to lapse today, as their respective two-year sunset clauses expire. So far, the Pakistani Government has not proposed any legislation to extend the jurisdiction of military courts to conduct trials of civilians, the ICJ says.
The Geneva-based organization has published an updated list of people convicted by military courts, the charges against them, and their alleged organizational affiliations.
“The lapse of the jurisdiction of military courts over civilians is a step in the right direction, but unsurprisingly, there is no sign of the promised reforms to strengthen the ordinary criminal justice system to effectively handle terrorism-related cases,” said Sam Zarifi, ICJ’s Asia Director.
The National Action Plan envisioned military courts as a short-term “exceptional” measure to try “terrorists”, to be operational only for a two-year period during which the Government would bring about necessary “reforms in criminal courts system to strengthen the anti-terrorism institutions.”
“The Pakistani Government must not re-enact legislation to continue secret military trials of civilians, nor resort to more short-term, short-sighted security measures that are contrary to human rights protections,” Zarifi added.
Instead, the Government should urgently invest in enhancing the capacity and security of judges, investigators and prosecutors to make the regular criminal justice system more effective in conducting fair, credible terrorism trials and bringing perpetrators to account, the ICJ says.
According to military sources and ICJ’s monitoring of military trials in Pakistan since January 2015, military courts have convicted 274 people for their “involvement” in terrorism-related offences, 161 of whom have been sentenced to death.
Twelve out of the 161 people sentenced to death have been hanged, 113 people have been given prison sentences. Details of only seven people given life imprisonment have been made public. The names, charges, and duration of prison terms for the remaining 106 people have not been disclosed.
Contact
Sam Zarifi, ICJ Asia Pacific Regional Director (Bangkok), t: +66 807819002; e: sam.zarifi(a)icj.org
Reema Omer, ICJ International Legal Adviser for Pakistan (Lahore), t: +923214968434; e: reema.omer(a)icj.org
Read also
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Pakistan: ICJ urges Government not to extend oppressive counter-terrorism law
Additional information
At least 159 out of 168 people (95 per cent) whose convictions have been publicly acknowledged by the military had allegedly “admitted” to the charges, raising serious questions about the possibility of torture or other coercive measures being used to secure these confessions.
The ICJ’ 2009 global study on state responses to security threats examined in detail the dangers of the “exceptionalism doctrine”, which justifies a departure from the normal legal processes and human rights protections on the basis of the “exceptional” character of the threat.
In time, many of these measures became permanently incorporated into ordinary law, blinding governments to the actual reasons behind the lack of accountability for terrorism and serious crime.
