The eyes of the world are on Pakistan—much to the government’s chagrin.
Last week, the military’s media wing announced the verdicts of 25 civilians tried in military courts over their involvement in the May 9, 2023 riots. Ranging from 2 to 10 years’ “rigorous” punishment, the announcement marked the first phase of rulings, with 60 more accused awaiting judgements. In Pakistan, the decisions elicited a mixed response. Pro-government voices supported the verdicts, while opposition forces, primarily linked to the PTI, “rejected” them as the results of “sham” trials.
Joining the latter chorus are expressions of concern from abroad. In separate statements, the European Union, the U.K. and the U.S. have all criticized the trials. They have stressed that military trials negate the right to a fair trial and due process. The E.U. and the U.K., in particular, have urged Pakistan to uphold its obligations under international agreements like the International Covenant on Civil and Political Rights, which underpins Pakistan’s GSP+ trade benefits.
Military trials of civilians, long justified as a “security necessity,” have consistently eroded democratic principles and the rule of law in Pakistan. The PTI, which has now discovered the “grave violation” of fundamental rights posed by military trials of civilians, looked the other way as military courts tried 25 civilians during its time in power. Senior PTI leader Murad Saeed is on record as hailing the effectiveness of military courts as compared to the civilian judiciary.
While the PTI’s belated realization of military courts contradicting Article 10A of the Constitution (right to a fair trial) is a welcome development, it is marred by self-interest. What is inarguable is that using military courts to try civilians has proven to be a flawed approach. It sets a dangerous precedent, chipping away at the foundation of fundamental freedoms in the name of expediency. These trials not only undermine Pakistan’s constitutional guarantees but also flout international norms, isolating the nation on the global stage.
A robust judiciary, accountable law enforcement, and comprehensive legal reforms are essential for effectively addressing terrorism and safeguarding national security without compromising democratic principles. Using the blunt instrument of military courts to secure expedited verdicts undermines long-term solutions. Pakistan must prioritize strengthening its civilian judicial system and upholding the rule of law to foster a society that values justice over expediency. Only by prioritizing justice over expediency can Pakistan break free from its authoritarian past and build a democratic future.