US joins chorus of condemnation against military trials of civilians in Pakistan

Islamabad, Dec 24 (IANS) The US has added to the international outrage over military trials of civilians in Pakistan after military courts in the South Asian country sentenced 25 people to imprisonment up to 10 years in the May 9, 2023 riots case.

The condemnation comes after the European Union (EU) and the UK expressed concern over the trial and conviction of civilians in military courts.

Serious concerns have been raised over transparency, judicial independence and the right to a fair trial of civilians in military courts of Pakistan, the US State Department said in a statement.

"These military courts lack judicial independence, transparency, and due process guarantees. The US continues to call on Pakistani authorities to respect the right to a fair trial and due process, as enshrined in Pakistan's Constitution," read the statement.

The UK and the European Union called on Pakistan to uphold its obligations under the International Covenant on Civil and Political Rights (ICCPR).

"While the UK respects Pakistan's sovereignty over its legal proceedings, trying civilians in military courts lacks transparency, independent scrutiny, and undermines the right to a fair trial," stated a spokesperson for the UK's Foreign, Commonwealth and Department Office.

Moreover, the EU reminded Pakistan of its obligations with Article 14 of the ICCPR, calling on Pakistan to make any judgment in a criminal case public.

The EU went a step further and also reminded Islamabad of its commitments under the Generalised Scheme of Preference Plus (GSP+) status, in which, Islamabad has agreed to implement at least 27 international conventions, including the ICCPR, hinting that convicting civilians through military trials and courts, could negatively impact Pakistan’s GSP+ status with the EU.

"These verdicts are seen as inconsistent with the obligations that Pakistan has undertaken under the ICCPR. In line with Article 14 of ICCPR, every person is entitled to a fair and public trial in a court that is independent, impartial and competent, and has the right to adequate and effective legal representation. It also stipulates that any judgment rendered in a criminal case shall be made public," read a statement by the EU.

On May 9, 2023, violent protests erupted after the former premier and PTI founder Imran Khan was arrested from the Islamabad High Court (IHC). During the protests, PTI supporters stormed military installations across the country including the Army's General Headquarters (GHQ) in Rawalpindi.

Hundreds of PTI workers were arrested during the riots, many of whom were put to trial through military courts and sentenced to jail terms between two to 10 years for their crimes last week.

However, the PTI questioned the lack of facilitation of the right to a fair trial and competent legal representation of its workers. The PTI strongly opposed the trials of civilians in military courts and announced that it would challenge the conviction in civilian courts.

"Military courts cannot put civilians to trial. There is a Supreme Court ruling that military courts cannot operate like ordinary courts. Their decisions on these cases cannot hold," said PTI senior leader Omar Ayub Khan.