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Pakistan empowers military courts to pass death sentences on civilians Pakistan empowers military courts to pass death sentences on civilians
(about 1 hour later)
Pakistan’s supreme court has ruled that secret military courts are legal and can pass death sentences on civilians, a judgement that critics say further strengthens the military’s grip on power at the expense of civilian authorities. Pakistan’s supreme court has ruled that secret military courts are legal and can pass death sentences on civilians, a judgment that critics say further strengthens the military’s grip on power at the expense of civilian authorities.
Military courts were empowered to try suspected militants after Taliban gunmen massacred 134 children at an army-run school in December. The government argued that civilians were too scared to convict militants.Military courts were empowered to try suspected militants after Taliban gunmen massacred 134 children at an army-run school in December. The government argued that civilians were too scared to convict militants.
Several lawyers challenged the constitutionality of the military courts in the supreme court. But on Wednesday, Nasir ul Mulk, Pakistan’s chief justice, announced that all “petitions have been dismissed”. Several lawyers challenged the constitutionality of the military courts in the supreme court. But on Wednesday, Nasir ul Mulk, the chief justice, announced that all “petitions have been dismissed”. A detailed judgment would be released later, he said.
Related: Pakistani politicians vote for military courts to try civiliansRelated: Pakistani politicians vote for military courts to try civilians
A detailed judgement will be released later, he said. Pakistan, a nuclear-armed country with a population of 190 million, is plagued by a Taliban insurgency, sectarian violence and militancy.
Pakistan, a nuclear-armed nation of 190 million, is plagued by a Taliban insurgency, sectarian violence and militancy. Military courts have heard at least 100 militants’ cases and passed judgment in at least 27, the law ministry said in June. The military published the names of six men sentenced to death in one case.
Military courts have heard at least 100 militants’ cases and passed judgement in at least 27, the law ministry said in June. The military published the names of six men sentenced to death in one case. “The six men convicted by military courts whose executions were stayed by the supreme court will now go ahead,” Ashtar Ausaf Ali, minister of state for law, said after the judgment.
“The six men convicted by military courts whose executions were stayed by the supreme court will now go ahead,” Ashtar Ausaf Ali, minister of state for law, said after the judgement.
There is no public information about the identity of other suspects or convicts, about the charges or evidence against them, or about their sentences or appeals. The military has not responded to repeated requests for comment.There is no public information about the identity of other suspects or convicts, about the charges or evidence against them, or about their sentences or appeals. The military has not responded to repeated requests for comment.
Related: Pakistan’s rulers must show an honest resolve to fight terrorism | Asma JahangirRelated: Pakistan’s rulers must show an honest resolve to fight terrorism | Asma Jahangir
Military courts have been empowered to try militant suspects until February 2017. The government has promised to use that time to reform the broken civilian justice system.Military courts have been empowered to try militant suspects until February 2017. The government has promised to use that time to reform the broken civilian justice system.
Critics say the government has handed the military too much power and that there are few signs of reform.Critics say the government has handed the military too much power and that there are few signs of reform.
“Ceding space to the military isn’t the answer,’’ said Saroop Ijaz, a lawyer who represents the international rights body Human Rights Watch. “Parliament can’t pass the buck for creating a functioning criminal justice system. “Ceding space to the military isn’t the answer,” said Saroop Ijaz, a lawyer who represents Human Rights Watch. “Parliament can’t pass the buck for creating a functioning criminal justice system. There’s been no movement on reform,” he added. “When the military courts lapse, the criminal justice system will still be broken.”
“There’s been no movement on reform,’’ he added. “When the military courts lapse, the criminal justice system will still be broken.’’
An investigation by Reuters of previous military court martials found that accusations of torture were common.An investigation by Reuters of previous military court martials found that accusations of torture were common.
The military is already holding thousands of civilians without trial, according to supreme court hearings into missing persons. It is unclear whether some may face military courts.The military is already holding thousands of civilians without trial, according to supreme court hearings into missing persons. It is unclear whether some may face military courts.
“We cannot know what is happening inside those courts, we have no access to them,” said Amina Janjua, an activist for the families of the missing whose own husband was detained 10 years ago. “Who will know whether the judges’ decision is right and what proof there was?”“We cannot know what is happening inside those courts, we have no access to them,” said Amina Janjua, an activist for the families of the missing whose own husband was detained 10 years ago. “Who will know whether the judges’ decision is right and what proof there was?”