The Human Rights Commission of Pakistan (HRCP) on Tuesday took “strong exception” to a National Assembly resolution seeking the speedy trial and conviction of May 9 rioters through military courts under the Pakistan Army Act, 1952.
In a statement issued by HRCP Chairperson Hina Jilani, the independent watchdog specifically called out the use of the words “without the delay of even a single day” in the resolution as being particularly concerning. The wording, it stressed, seems to “imply that the government is willing to sacrifice the right to fair trial, transparency and due process on the altar of political expediency.”
Reiterating that the HRCP believed that anyone who “grossly abused” their right to freedom of peaceful assembly and engaged in arson, vandalism and destruction must be held strictly to account, it said this should not be applied arbitrarily to relatively easy targets such as low-ranking party workers and bystanders. “Regardless, the process must take place under civilian laws and in civilian-run courts where fair trial standards are far more likely to be upheld than in military courts,” it added.
The statement further noted that contrary to the claims of the resolution, civilians tried under the Pakistan Army Act, 1952 did not have the right of appeal in civilian courts, adding that the courts’ role was restricted to exercising narrow powers of judicial review in such cases.
“In the long term, as HRCP has warned successive governments time and again, defending military courts as a quick solution is tantamount not only to shrugging off responsibility for the recent breakdown in law and order, but also to undermining civilian supremacy in general,” it added.
On Monday, the NA passed a resolution—moved by Defense Minister Khawaja Asif—seeking the speedy trial and conviction of all May 9 rioters, including the perpetrators and planners. Stressing that all actions taken against culprits after May 9 were in accordance with the law and Constitution, ensuring no violation of human rights, it maintained that the military was authorized to best respond to attacks on its installations. During the discussion of the resolution, Asif claimed that globally, all cases related to attacks on military installations are handled by military courts, adding that cases of vandalism of non-military assets would be tried under relevant laws and would not face military courts.