UN rights body urges Pakistan to end military trials of civilians, release them on bail

Pakistan Army soldiers stand guard in Islamabad on October 6, 2024. (AFP/File)

• The UN body asks the government to release all civilians detained under the jurisdiction of military courts
• It expressed concern over ‘increasing trend of enforced disappearances,’ as well as torture, other rights issues

ISLAMABAD: The United Nations Human Rights Committee on Thursday expressed concerns over Pakistan’s use of military courts to prosecute civilians, calling for immediate reforms to safeguard due process and fair trial standards in the country.
The committee, an expert body established under the International Covenant on Civil and Political Rights, one of the core international human rights treaties, primarily monitors its implementation by member states.
Pakistan first expanded military courts’ jurisdiction in recent years to include civilians in terrorism-related cases and lifted its moratorium on the death penalty following the killings of over 100 school children in an attack in Peshawar carried out by militants in 2014.
It has also tried supporters of former Prime Minister Imran Khan’s Pakistan Tehreek-e-Insaf (PTI) in these courts following the May 9, 2023, riots, in which people carrying PTI flags targeted government buildings and military installations after the ex-premier was briefly detained on corruption charges.
“The Committee remains concerned about the use of the Pakistan Army Act 1952 to prosecute civilians in military courts,” said the review document prepared by the UN body. “It is also concerned about reports that indicate a very high rate of convictions handed down by military courts and that those convicted have been sentenced to death in the majority of cases between 2015 and 2019.”
“It is further concerned that military courts lack independence and that civilians tried in military courts do not benefit from the same due process guarantees as those provided for in the civilian judicial system,” it added.
The UN body noted that Pakistan’s Supreme Court had declared the military trial of civilians unconstitutional and contrary to international human rights standards last year in October, though it added that the ruling was suspended, and expressed concern that civilians could remain under military court jurisdiction until the top court issues a final verdict.
“The State party should take prompt measures to review the legislation on military courts, abrogate their jurisdiction over civilians and their authority to impose the death penalty, and bring their proceedings into full conformity with articles 14 and 15 of the Covenant in order to ensure a fair trial,” the document said. “The State party should also release on bail all civilians detained under the jurisdiction of military courts.”
Additionally, the UN body raised broader human rights concerns in the country, noting “the increasing trend of enforced disappearances,” as well as torture and extrajudicial executions.
It particularly mentioned “arbitrary restrictions, in law and in practice, on freedom of expression online and offline, including the broad and alarmingly frequent use of Internet shutdowns,” pointing out that the overall environment in the country makes it difficult to exercise freedom of expression by journalists, activists and human rights defenders.
The UN rights body’s findings and recommendations are not legally binding on member states. However, they carry significant weight and can be used to inform advocacy efforts and to apply diplomatic pressure on countries to adhere to human rights obligations.