{"id":5624,"date":"2019-01-12T06:21:04","date_gmt":"2019-01-12T06:21:04","guid":{"rendered":"http:\/\/hrcp-web.org\/hrcpweb\/?p=5624"},"modified":"2021-10-01T06:22:17","modified_gmt":"2021-10-01T06:22:17","slug":"military-courts-are-anti-democratic","status":"publish","type":"post","link":"https:\/\/hrcp-web.org\/hrcpweb\/military-courts-are-anti-democratic\/","title":{"rendered":"Military courts are anti-democratic"},"content":{"rendered":"

Military courts are anti-democratic<\/strong><\/p>\n

Lahore, 12 January 2019<\/em>. The Human Rights Commission of Pakistan (HRCP) has expressed grave concern at the government\u2019s decision to table a bill in favour of extending the tenure of military courts, which were otherwise due to end their term in January this year. In a statement issued today, HRCP has categorically stated that \u2018the institution of military courts is an anomaly in any democratic order that claims to uphold the fundamental rights and freedoms of its citizens.<\/p>\n

\u2018It is the state\u2019s duty to uphold the rule of law in a manner that ensures that every citizen is entitled to due process and a fair trial. Equally, it is the state\u2019s duty to uphold the rule of law to ensure the security of its citizens. These are not mutually exclusive obligations. Moreover, there is little evidence to show that military courts have succeeded in increasing\u00a0respect<\/em>\u00a0for the rule of law. The perception of \u2018speedy justice\u2019 is no substitute for rooting out the militant extremism that led to the institution of these courts in the first instance or indeed for taking the time to train and equip domestic judicial and police mechanisms that are, and ought to remain, responsible for maintaining\u00a0civilian<\/em>\u00a0law and order under a\u00a0civilian<\/em>\u00a0mandate.<\/p>\n

\u2018To argue against military courts is not to undermine the horrific circumstances under which they were set up, but the incidence of terrorism cases has decreased since the Army Public School massacre in 2014 \u2013 this implies there is no justification for allowing military courts to continue. HRCP also remains troubled by the secrecy surrounding military court proceedings, the extremely high conviction rate of these courts and the possible means used to achieve such rates. All these are against the norms of justice. The recent Peshawar High Court judgment, which set aside the convictions of over 70 persons tried in military courts, underscores these concerns.<\/p>\n

\u2018Should the government succeed in extending the life of military courts, it will run the serious risk of undermining attempts to reform the criminal justice system \u2013 measures that are sorely needed, especially among the lower courts. Extending the life of military courts also contravenes Article 14 of the International Covenant on Civil and Political Rights, to which Pakistan is signatory. In the long term, outsourcing justice is not the answer.\u2019<\/p>\n

Dr Mehdi Hasan<\/strong><\/p>\n

Chairperson<\/p>\n<\/div><\/div><\/div>