(Asghar Ali Mubarak)
ISLAMABAD (TNS) After getting the green signal from the Supreme Court, the Field General Court Martial has announced severe punishments on various conditions for 25 supporters of Pakistan Tehreek-e-Insaf (PTI) involved in the May 9 violence.
Military courts have sentenced 60 more civilians to prison terms for their roles in violent attacks on military installations during the nationwide riots on May 9, 2023, according to a statement released by the Inter-Services Public Relations (ISPR) on Thursday.
The latest sentences come just days after the ISPR announced that 25 civilians had been handed prison terms for their involvement in the same events.
Among those sentenced is Hassam Niazi, the nephew of former Prime Minister Imran Khan, who has been given a 10-year sentence.
The individuals have been convicted for their involvement in violent attacks on key military and government facilities, including the Corps Commander House in Lahore, the General Headquarters (GHQ) in Rawalpindi, the ISI office in Faisalabad, and Bannu Cantt, among others, the ISPR stated.
“Sequel to the announcement of the May 9 punishments in light of the Supreme Court’s decision, the Field General Court Martial has promulgated the punishments to the following remaining 60 culprits after examining all evidences, ensuring the provision of all legal rights to the convicts, completion of due process and the appropriate legal proceedings,” the statement said.
The statement further emphasised that all individuals sentenced have the legal right to appeal, as outlined by the country’s laws.
The military’s media wing said that proceedings have been completed against nine additional accused individuals in the May 9 cases.
“The nation, government, and armed forces remain resolute in their commitment to ensuring justice and upholding the inviolable authority of the state,” the ISPR concluded.
US, UK and EU question military trials in Pakistan
The United States and the United Kingdom questioned the trial and conviction of civilians in military courts in Pakistan, a day after the European Union (EU) expressed the similar concerns.
In a statement, the State Department said that the US was deeply concerned that Pakistani civilians had been sentenced by a military tribunal for their involvement in protests on May 9, 2023.
“These military courts lack judicial independence, transparency, and due process guarantees,” it said. “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.”
Earlier a statement issued in London by the Foreign, Commonwealth and Development Office (FCO) said that trying civilians in military courts lacked transparency, independent scrutiny and undermines the right to a fair trial.
“We call on the Government of Pakistan to uphold its obligations under the International Covenant on Civil and Political Right,” read the FCO statement.
The EU on Sunday had expressed concerns over the conviction of 25 civilians, insisting the verdict was inconsistent with Pakistan’s commitments to ensure a “fair and public” trial of every person.
“The European Union notes with concern the sentencing of twenty-five civilians by a military court on 21 December in Pakistan,” read a statement issued by the European External Action Service (EEAS) in Brussels.
“These verdicts are seen as inconsistent with the obligations that Pakistan has undertaken under the International Covenant on Civil and Political Rights (ICCPR),” the statement added.
It also pointed out that under the EU’s generalised scheme of preferences plus (GSP+), beneficiary countries, including Pakistan, have voluntarily agreed to implement effectively 27 international core conventions – including the ICCPR – in order to continue benefitting from GSP+ status.
In response to concerns raised by foreign countries, the Foreign Office (FO) clarified on Tuesday that the military courts’ verdicts were issued in accordance with a law passed by Parliament and aligned with the Supreme Court of Pakistan’s ruling.
“Pakistan is fully committed to upholding all its international human rights obligations,” FO spokesperson Mumtaz Zahra Baloch stated. It may be recalled that after Imran Khan was arrested from the premises of the Islamabad High Court in the Al-Qadir Trust case on May 9, 2023, there was a nationwide protest by the PTI. During this, in addition to burning the PML-N office in the Model Town area of Lahore on May 9, military, civil and private installations were set on fire, causing severe damage to government and private property, while at least 8 people were killed and 290 injured. The protesters also stormed the residence of the Corps Commander in Lahore, also known as Jinnah House, and also broke a gate of the General Headquarters (GHQ) in Rawalpindi. After this, 1900 people involved in fighting, vandalism and arson with law enforcement agencies across the country were arrested, while cases were also registered against Imran Khan and his party leaders and workers. On the other hand, military trials of civilians by military courts are considered controversial. This recent decision will have far-reaching implications on the internal and external fronts, raising questions about the democratic process and the rule of law in the country. In fact, the provision of justice beyond the public system can be seen as a growing influence of dictatorship in the country. While the Supreme Court allowed military courts to pronounce verdicts in the trials of 85 PTI supporters accused of attacking military installations, it has made such decisions conditional on the Supreme Court’s final decision on the legality of military courts.
This is the first time in the country’s history that civilians have faced a military trial. In addition, a new constitutional bench of senior judges has allowed military courts to pronounce the verdict, even though a petition regarding military courts is still pending.
This raises questions as to whether the permission to pronounce the verdict means that the Supreme Court has supported the trial of civilians in military courts.
This could prove detrimental to our justice system. In addition, questions are being raised as to whether the legal rights of the accused were fulfilled in these secret trials by following the legal procedure. Of course, under the Constitution, they have the right to appeal against the verdict.
But the question remains: can cases be tried in military courts against civilians when the matter is pending in the Supreme Court?
This was the first step. There are many other political prisoners who are also hanging on the gallows awaiting the verdict.
Reports have also emerged that cases will also be tried in military courts against former Prime Minister Imran Khan and other key PTI leaders, who the ISPR described in a press release as the ‘planners and masterminds’ of May 9. If this turns out to be true, it will be the first time in the country’s history that a former prime minister will be presented in a military court. Many of the arrested suspects have been charged with terrorism.
According to media reports, former ISI chief Lt. Gen. (retd.) Faiz Hameed may also be tried for his involvement in May 9.
Faiz Hameed is currently in military custody and is facing court-martial proceedings for ‘involvement in political activities’.
The matter has become more complicated after reports of his possible role in planning attacks on defence installations were questioned. On the other hand, question marks are also being raised over the timing of the trial. According to many, the aim was to send a message to the concerned persons. He says the sentences of PTI supporters in the May 9 incident were announced after the November 26 incident in Islamabad, in which several protesters were believed to have been killed in a crackdown by law enforcement agencies.
Following this verdict, May 9 has once again been in the news. It has been 18 months since the countrywide violence. On that day, several military installations across the country, including the GHQ and the Lahore Corps Commander House, were targeted by angry mobs. However, an inquiry into the poor security has not come to light.
The question is whether what happened on May 9 was simply a demonstration of public anger against the arrest of Imran Khan. Then there were reports that some high-ranking officers were also dismissed in connection with the incident, but it is not known whether these officers were convicted under a military court or not.
All these developments have given the May 9 incident an interesting twist. Military trials of military officers there is no legal justification for trying civilians allegedly involved in the May 9 violence under military law. It is no surprise that the military court’s decision has also been criticized by Western countries, who have criticized the lack of transparency of trials in the country, which do not meet the requirements of justice.
Perhaps the most worrying thing for Pakistan on the verdict regarding the sentences is the reaction of the European Union, which is the most important center of exports for Pakistan.
There are concerns that these military trials may deprive Pakistan of the GSP-Plus facility under which Pakistan exports duty-free.
This facility is linked to Islamabad’s commitment to human rights and the promise of democratic processes in the country.
On the other hand, Federal Minister for Information and Broadcasting Attaullah Tarar has said that today, the criminals who fulfilled the dream of the enemies of the country were sentenced by military courts, and the planners of May 9 should also be punished.
