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Pakistan Lawmakers Approve Military Trials for Insurgents Lawmakers in Pakistan Approve Military Tribunals
(about 2 hours later)
ISLAMABAD, Pakistan — Pakistan’s Parliament passed a constitutional amendment on Tuesday that allows a parallel system of military courts to try Islamist militants, significantly enlarging the army’s power during a period of political unrest in the civilian government. ISLAMABAD, Pakistan — Pakistan’s Parliament passed a constitutional amendment on Tuesday that allows a parallel system of military courts to try Islamist militants, significantly enlarging the army’s power during a period of political unrest in the civilian government.
The new law, which was passed by a two-thirds majority in both houses of Parliament, is the central plank of the government response to the attack on a Peshawar school last month in which the Pakistani Taliban killed at least 149 people, most of them children.The new law, which was passed by a two-thirds majority in both houses of Parliament, is the central plank of the government response to the attack on a Peshawar school last month in which the Pakistani Taliban killed at least 149 people, most of them children.
The school attack sent Pakistani officials scrambling for tough responses. Within hours of the violence, Prime Minister Nawaz Sharif lifted a moratorium on the death penalty. So far seven prisoners on death row have been hanged, mostly for their roles in a failed 2003 assassination attempt against the country’s military ruler, Gen. Pervez Musharraf. The school attack sent Pakistani officials scrambling for tough responses. Within hours of the violence, Prime Minister Nawaz Sharif lifted a moratorium on the death penalty. So far, seven prisoners on death row have been hanged, mostly for their roles in a failed 2003 assassination attempt against the country’s military ruler, Gen. Pervez Musharraf.
The military has pushed for the new courts, arguing that the notoriously weak civilian judicial system had failed to bring Taliban and other Islamist militants to justice. The law that authorizes the courts is due to remain in effect for two years. The military has pushed for the new courts, arguing that a weak civilian judicial system has failed to bring Taliban and other Islamist militants to justice.
The establishment of military courts was supported by most of the country’s political parties, although some politicians said they had voted in support of the measure with great reluctance, given the country’s long history of military coups. The law that authorizes the courts is to remain in effect for two years.
“Today I have voted against my conscience,” said Raza Rabbani, a liberal senator with the opposition Pakistan Peoples Party, who local news media said was in tears as he voted in support of the amendment. “I am embarrassed to the extent like I was never before.” The establishment of military courts was supported by most of the country’s political parties, although some politicians said they had voted in support of the measure with great reluctance, given the country’s history of military coups.
The party of the prominent opposition politician Imran Khan abstained from the vote. So did members from the country’s main religious parties, who said they worried that the military would use the law to persecute religious leaders. “Today, I have voted against my conscience,” said Raza Rabbani, a liberal senator with the opposition Pakistan Peoples Party, who the local news media said was in tears as he voted in support of the amendment. “I am embarrassed to the extent like I was never before.”
The party of the prominent opposition politician Imran Khan abstained from the vote. So did members of the country’s main religious parties, who said they worried that the military would use the law to persecute religious leaders.
Speaking on the floor of Parliament, Mr. Sharif said that he understood those fears but that the new law was necessary.Speaking on the floor of Parliament, Mr. Sharif said that he understood those fears but that the new law was necessary.
The military courts will be empowered to try militants from any group that “raises arms or wages war against Pakistan, or attacks the armed forces of Pakistan and law enforcement agencies,” according to the text of the new law.The military courts will be empowered to try militants from any group that “raises arms or wages war against Pakistan, or attacks the armed forces of Pakistan and law enforcement agencies,” according to the text of the new law.
Meanwhile, the courts have seen renewed activity from lawyers for death row convicts, who have thrown themselves into the appeal process to stave off executions for their clients. The civilian courts have dealt with renewed activity from lawyers for death row convicts, who have thrown themselves into the appeal process to stave off executions for their clients.
The government stayed the execution of Shafqat Hussain, who was 14 when he was sentenced to death in a civilian anti-terrorism court, according to his lawyers. The government stayed the execution of Shafqat Hussain, who was 14 when he was sentenced to death in a civilian antiterrorism court, according to his lawyers.
Interior Minister Chaudhry Nisar Ali Khan said the government would review Mr. Hussain’s case. The interior minister, Chaudhry Nisar Ali Khan, said the government would review Mr. Hussain’s case.
Five other prisoners are scheduled to be executed next week in Karachi and Sukkur, a city Sindh Province. Five other prisoners are scheduled to be executed next week in Karachi and in Sukkur, a city in Sindh Province.
“The system that is being set up is doomed to fail,” said Sarah Belal of Justice Project Pakistan, a law firm specializing in human rights that is representing Mr. Hussain. “The existing legal system has the capacity to deal with these cases.”“The system that is being set up is doomed to fail,” said Sarah Belal of Justice Project Pakistan, a law firm specializing in human rights that is representing Mr. Hussain. “The existing legal system has the capacity to deal with these cases.”
Lawyers for other death row inmates have gained stay orders on executions from the Lahore High Court. A lawyer representing two prisoners who were sentenced in Karachi for a sectarian murder said his clients had a hearing scheduled at the Supreme Court this week.Lawyers for other death row inmates have gained stay orders on executions from the Lahore High Court. A lawyer representing two prisoners who were sentenced in Karachi for a sectarian murder said his clients had a hearing scheduled at the Supreme Court this week.
Ms. Belal said she hoped her client would still receive justice from the legal system. “We are very hopeful that if the executive can prevent a grave injustice then the courts are more than well equipped to do so,” she said. Ms. Belal said she hoped her client would still receive justice from the legal system.
“We are very hopeful that if the executive can prevent a grave injustice, then the courts are more than well equipped to do so,” she said.