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Civilians on Trial: The Use of Military Courts in Pakistan

26 0
05.02.2025

The principle of justice thrives on transparency, fairness, and due process—values enshrined in civilian court systems worldwide. In stark contrast, military courts, traditionally designed to maintain discipline within the armed forces, operate under a distinct set of rules and procedures. When military courts extend their jurisdiction to try civilians, as has occurred in Pakistan, it not only undermines these principles but also raises profound questions about human rights, democracy, and the rule of law.

In April 2022, Pakistan’s democratically elected Prime Minister, Imran Khan, was ousted in a coup orchestrated by the military establishment. This triggered nationwide protests, as millions took to the streets to denounce an unlawful and unconstitutional action. The dissent was met with brutal suppression. The events reached a crescendo on May 9, 2023, when a so-called false flag operation led to the mass arrest of over 10,000 members and leaders of Imran Khan’s Pakistan Tehreek-e-Insaf (PTI) party. Despite facing extensive torture, many of these individuals remain in custody, including Khan himself, who has been subjected to inhumane treatment in violation of Pakistan’s own laws.

The situation escalated further when the military announced its intention to try 105 arrested PTI protesters in military courts. This decision has sparked outrage both domestically and internationally, with organizations such as Amnesty International, as well as the United Nations, the United States, and the European Union, condemning these actions.

Military courts in Pakistan have increasingly become tools for suppressing dissent and consolidating power. Following the rigged elections in February 2024, which deprived PTI of its legitimate mandate despite securing the support of 75% of voters, the military’s grip tightened. Constitutional violations, including the forced passage of the 26th amendment to curb the powers of the Supreme Court, have exacerbated the erosion of democratic norms. Peaceful PTI protesters exercising their constitutional rights were targeted with advanced weaponry in Islamabad on November 26, resulting in hundreds of deaths, injuries, and disappearances.

On December 21, 2024, military courts sentenced 25 individuals to ten years of rigorous imprisonment for their alleged involvement in the May 9 events. On Dec 26th, the remaining PTI workers were also sentenced by the military court, making the total 105. Such verdicts, issued without due process, have further tarnished Pakistan’s judicial reputation.

Autocratic........

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