Just two days after the Supreme Court upheld the establishment of military courts to try terror suspects in a majority ruling, the International Commission of Jurists (ICJ) has termed the verdict a blow to human rights and the rule of law.
The ICJ is a network composed of 60 judges and lawyers from around the world dedicated to the promotion and protection of human rights through the rule of law.
A 17-member bench of the top court on Wednesday had dismissed petitions challenging the 21st Constitutional Amendment and the Pakistan Army (Amendment) Act (Act II of 2015), which allow the setting up of military courts, with 11 judges ruling against the admissibility of the pleas.
In a statement issued by the body on Friday, ICJ’s Asia Director Sam Zarifi said “This judgment squarely puts Pakistan at odds with its international obligations and weakens the Supreme Court’s hard won reputation as the last resort for protecting the rights of Pakistani people.”
The body lamented that the apex court has “missed an important opportunity to reverse the militarization of justice in progress under the guise of combatting terrorism and to reinforce independence of the judiciary in the country.”
ICJ said the trial of civilians in military courts for terrorism-related offences is incompatible with international standards, which require that those accused of any criminal offence are guaranteed a fair trial by an independent, impartial and competent tribunal.
Claiming that although its briefing paper, published in April, provides a detailed assessment of the incompatibility of military trials in Pakistan with its international law obligations, ICJ accused that the apex court of failing to adhere to international standards of fair trial and independence of the judiciary.
The statement also pointed out that the SC’s verdict over military court is against previous Supreme Court rulings on military courts as in the past the apex court had reasoned that military courts do not meet the requirements of independence and impartiality and had ruled that the establishment of military courts for trial of civilians tantamount to creating a “parallel judicial system.”