On Thursday, Islamabad administration imposed Section 144 for an indefinite period, banning rallies in the federal capital. The PTM jalsa is scheduled to be held at 3pm today (Friday), and organisers have vowed to go ahead with it despite the crackdown and restrictions.

PTM’s Naimatullah Wazir and NDM’s Hassan Nasir are among those who have been taken into custody. Earlier, more than 80 members of the PTM were reportedly arrested from Shewa, Hangu after the police stopped their convoy heading to Islamabad.

Activist Talimand Khan announced on X (formerly Twitter) that his younger brother had been arrested “as part of midnight crackdown on PTM”.

Swat police has arrested my younger brother Aqalmand Khan as part of midnight crack down on PTM. The state itself is adding fuel to the fire. pic.twitter.com/7xWkxaYyBv

— Talimand Khan (@MirSwat) August 17, 2023

News Desk

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The campaign is being run by Defence of Human Rights, Pashtun Tahaffuz Movement (PTM), Baloch Voice for Justice, Mutahhida Qaumi Movement (MQM) and other human rights organisations.

Activist Amna Masud Janjua, in a video message, said that the struggle for the safe recovery of missing persons has been going on for decades, but the authorities remain unmoved. “This is why we have now decided that all organisations working for missing persons will collectively work for the movement [against enforced disappearances],” she said.

In a recent case of enforced disappearance, a member of Sindh Bar Council, Advocate Aachar Jalbani, was abducted by unknown individuals from Hyderabad on August 2. Pakistan Bar Council issued a statement condemned his disappearance and calling on the authorities to ensure recovery of the lawyer. The council termed the law enforcement agencies’ failure to recover him pointed to their “utter failure in maintaining law and order situation”.

Meanwhile, civil rights group Pashtun Tahaffuz Movement (PTM) has called for a protest outside the Supreme Court on August 18

News Desk

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In June, a sit-in organized  by the Pashtun Tahafuz Movement (PTM) in former Federally Administered Tribal Areas (FATA) which continued for almost a month, was called off after the government assured that PTM workers, allegedly abducted by security forces, would be released within a week. But the promise remains unfulfilled, and the fate of the victims hangs in the balance. Those at the forefront of this fight against enforced disappearances are met with state’s highhandedness. The arrest of Pashtun MNA Ali Wazir and PTM worker Alamzeb Mehsud further highlights the challenges faced by those advocating for change. The voice of poet Gilamaan Wazir, an active PTM member, was silenced when he was abruptly abducted near Peshawar Airport, and reasons for his abduction remain undisclosed.

Despite Pakistan’s shift from military rule to democratic governance since 2008, the harrowing crime of enforced disappearances continues to plague its citizens. Numerous voices, including political activists, students, parliamentarians, human rights defenders, journalists, and lawyers, have passionately raised concerns about this issue. The collective outcry against this grave violation resonates across the country. The halls of High Courts, the chambers of the Supreme Court, and the corridors of the parliament have echoed with the urgency to address this issue, yet, regrettably, the wheels of change seem hesitant to turn. The question that lingers, haunting the conscience of a nation, is why this dark chapter endures despite the clamor for change and the promise of democratic governance.

In June, a sit-in organized  by the Pashtun Tahafuz Movement (PTM) in former Federally Administered Tribal Areas (FATA) which continued for almost a month, was called off after the government assured that PTM workers, allegedly abducted by security forces, would be released within a week. But the promise remains unfulfilled.

While the issue of enforced disappearances affects the entire nation, it is essential to recognize the concentration of cases in this particular region. The KP region has been a focal point of concern, as it has experienced a discernible surge in instances of enforced disappearances. This trend has prompted us to delve deeper into the underlying factors contributing to this unsettling phenomenon.

Since the inception of Pakistan in 1947, FATA remains an area of significant importance. To understand the current situation in these regions, it is crucial to trace back the historical roots that have shaped their governance landscape.

The legacy of European colonialism, with its inherent racial classification of people and territories, established a hegemonic system that enabled the exploitation of nations, marginalized classes, and communities. This hegemony, deeply rooted in the region, has had a lasting impact on the governance structures of KP and Ex-FATA.

The pivotal policy that set the stage for the current state of affairs can be traced back to Lord Curzon’s frontier policy, formulated during the British Raj. Under this policy, the territory previously managed by the Punjab region was deemed to be more effectively governed by the direct control of the government of India. Consequently, the British introduced the Frontier Crimes Regulation (FCR) in 1901.

While the FCR laws were lifted from KP in 1956 and from Balochistan in 1973, they remained in effect in FATA until 2018. These regulations, stemming from the colonial era, profoundly impacted the governance of the region. Under the FCR, governance was entrusted to appointed political agents who held substantial powers and authority over the local population.

One of the most egregious aspects of the FCR was the denial of basic rights to individuals. They were not allowed to present evidence or have legal representation in court, rendering them vulnerable to arbitrary decisions. Furthermore, the absence of the right to appeal a conviction in court gave rise to a culture of impunity. The FCR also authorized collective punishment, further violating the fundamental rights and dignity of the people. Additionally, property confiscation added to the oppressive measures imposed upon the population.

After years of struggle and grievance against the heinous colonial-era system, some significant development took place when the Pakistan People’s Party (PPP) government, in August 2011, made amendments to the Frontier Crimes Regulation (FCR). However, a peculiar timeline emerges when we examine the events leading up to this amendment. Just one month prior, in June 2011, the Action in Aid of Civil Power Regulation 2011(AACPR) was implemented, which had been introduced in 2008. It is noteworthy that this regulation was applicable not only in FATA but also in PATA.

The introduction of the AACPR 2011 has been attributed to the military, which has faced criticism for opposing the amendments to the FCR. Amnesty International raised concerns, stating: “the Pakistan army was strongly opposed to these FATA reforms, and they were only approved by the president in August after the armed forces had been given sweeping powers and protections under the AACPR in June of the same year.” These gave military sweeping powers and replaced FCR, despite the elected representatives in the Parliament not being able to play a meaningful role in the affairs of FATA. Unfortunately it does not end here.

Despite the historic and long-awaited amendment passed by the National Assembly in 2018, merging FATA into KP and negating the effects of the FCR, the region still finds itself in the shadows. This amendment aimed to align ex-FATA with the laws and regulations passed by the provincial assembly of KP, operating under the constitution of Pakistan.

While this step was hailed as a positive development, the ground reality has proven to be different. Many common people remain unaware of the changes and the implications they bring. In addition, the matter concerning the regulation of the Action in Aid of Civil Power, which had significant implications for governance and rights, has yet to be adequately debated and addressed.

It did not take long for further complications to arise. The KP Actions (in aid of civil power) Ordinance, 2019, was issued by the provincial governor on August 5. The anticipated positive changes have taken an unexpected turn, as the regulation implemented in 2011, originally applicable only to FATA, has been extended almost identically to encompass the entire Khyber Pashtunkhwa (KP) region. Surprisingly, this ordinance was passed without the knowledge or involvement of the KP assembly.

The present ordinance diverges from the Qanun-i-Shahadat (Evidence Act) by deeming statements from armed forces members as sufficient evidence for convicting individuals, and by permitting the admission of all evidence collected by the internment authority without adhering to standard rules of scrutiny. This ordinance imposes harsh penalties, such as the death penalty, life imprisonment, and fines, for various offenses. Importantly, it denies abducted individuals or those in military custody the legal rights of appeal, access to legal representation, and the right to be heard before a court.

In terms of terminology, the ordinance defines “action in aid of civil power” as measures that involve the mobilization of armed forces to provide support to civil authorities. These measures continue until a written order for withdrawal is issued. The “defined area” refers to the specific region designated by the provincial government where armed forces are requisitioned to secure the territory and maintain peace.

Under this ordinance, provincial governments or their authorized representatives are granted the power to act as the interning authority. This authority allows them to detain individuals, even beyond the defined area. This controversial ordinance was initially declared unconstitutional by the Peshawar High Court but the decision was later suspended by the Supreme Court. The Supreme Court formed a three-member bench to hear the petitions filed by the government of Khyber Pakhtunkhwa and the federal government in relation to the Peshawar High Court’s order. The Supreme Court suspended the High Court’s order until November 15 and announced that a larger bench would be constituted to examine the matter’s constitutionality.

Despite arguments presented in the Supreme Court, the Peshawar High Court declared the ordinance illegal, the controversial ordinance granting power to the military remains in effect. This situation highlights the existence of different laws within the same state, perpetuating the marginalization and continued colonization of these areas. It contradicts the establishment’s own claims that the regions have been cleared and safe for the residents.

Furthermore, the state’s response to peaceful protestors and human rights activists, particularly those associated with the Pashtun Tahafuz Movement advocating for their fundamental rights, has been harsh. The people of Khyber Pakhtunkhwa (KP) continue to live in a state of fear. Unfortunately the people of KP find themselves lost in a series of transitions, encompassing the eras of British colonization, dictatorial rule, and democratic shifts. From the oppressive FCR and Shariat systems to subsequent regulations and ordinances, the recent developments have further complicated the situation. In simple words, contrary to expectations, it was not the merger of FATA into KP, but rather KP that was merged into FATA.

Ikram Ullah Maseed

The post Lost in Transition: Enforced Disappearances and the Never-Ending Plight of Ex-FATA appeared first on Dissent Today.

On June 29, when the rest of the country celebrated Eid-ul-Azha, families of Baloch missing persons staged protests in Karachi and Quetta. June 28 marked 14 years since the enforced disappearance of Sammi’s father, Deen Mohammad Baloch, a doctor who was abducted in Ornach, Khuzdar district in Balochistan by plainclothes armed men from the hospital where he was performing his night-duty. Since then, Sammi, then 10-years old, has spent every Eid on the roads, outside Press Clubs in Quetta, Karachi, marching for hundreds of days from Karachi to Islamabad with a picture of her father in hand and a simple question: where is my father and what is his and my family’s crime? 

According to Voice for Baloch Missing Persons, a non-government organization representing the families of Baloch missing persons, in Balochistan alone there are more than 5,000 cases of enforced disappearances. This figure is disputed by the Commission of Inquiry on Enforced Disappearances, formed in 2011, to investigate missing persons cases, which claims that there are some 2,000 active cases from all around the country. But whether there are a few hundred cases or several thousands, the fact is that the tale goes far beyond the statistics and is one of  relentless pain and tormenting wait.

The Eid day protest was organized by Baloch Yakjehti Committee along with Sammi Deen Baloch and aimed to demand the release of Dr Deen Mohammad Baloch and that of all missing persons. The rally commenced from Arts Council, Karachi, and marchers took to the Press Club, raising slogans and carrying placards. 

Speaking to the crowd, Mehlab Deen Baloch,  the younger daughter of Dr Deen Mohammad Baloch spoke of the fear that looms over every family member of missing persons whenever a dead body is found anywhere. Last year in October, the Counter-terrorism Department claimed it had killed four terrorists in an “encounter” but when the pictures circulated on social media, the bodies were verified to be of those previously missing. One of them was a poet, Tabish Waseem, who was abducted on 9th June 2021.

“Whenever any body is dumped and the picture circulates on social media, I zoom into them, and look for a mole that my father, Deen Jaan, has on his nose. Looking at the picture again and again, I think, if not me, then who is about to go through the pain?”, she said as her voice broke into squeak. She added that they had been going through this torment for 14 years and yet when they take to the roads, they are faced with state’s crackdown. 

Sheema Kirmani, a prominent social activist, said that when she sees Sammi and Mehlab she can’t help but think that they are children who are meant to enjoy a carefree childhood, but instead they have been on the roads ever since their father disappeared. “If Dr Deen Muhammad Baloch was a criminal, why not present him in court,” asks Kirmani.

The youngest protester in the crowd was Shahree, one-and-a-half year old toddler of Seema Baloch, whose brother Shabir Baloch was allegedly picked up by the security agencies on 4th October 2016. Since then Baloch’s wife, aged mother and sister have been protesting for his release. 

Political parties speak about the issue of missing persons in Balochistan only when in opposition. Before he became prime minister in 2018, Imran Khan had announced on anchor Hamid Mir’s talk show “Capital Talk” that once he is in the government, it is going to be him against the security agencies in case a single person goes missing during his government. Yet it was during his Prime Ministership that Hafeez Baloch, a student enrolled in Quaid-e-Azam University, was abducted in front of his father in his hometown Khuzdar by “three masked armed men” who came in a “black surf car” in February 2022. Hafeez was missing for months before he was put behind bars under trumped up terrorism charges before being finally acquitted in June 2022. When families of Baloch missing persons staged a protest in Islamabad in 2021, Pakistan Muslim League – N (PML-N) Vice President Maryam Nawaz Sharif visited them to stand in solidarity with them but this solidarity could last until her party came in power. 

“Our people are in dungeons for years and decades. Each political party keeps playing politics on our pain. Imran Khan and Shireen Mazari gave us false hope during their government, Maryam Nawaz, when in opposition, supported us and now they are silent after coming into power,” said Seema Baloch during the protest. 

Addressing the state institutions, Seema said, “If you do not trust the civilian courts, then present our loved ones in your military courts but present them at least, at least tell us if they are alive or dead. What kind of crime have our loved ones committed that you couldn’t have proved against them in 14 years?” 

Sindh’s missing persons 

The issue of enforced disappearances is not limited to Balochistan, but extends to Sindh. A group of Sindhi activists were staging their protest outside the Press Club on Eid.

The 62-year old mother of Rashid Hussain Baloch, who was arrested by security forces in the United Arab Emirates without any warrant and who was later deported to Pakistan and his whereabouts are unknown since, has taken every legal route to plead for his son and to know what became of him. 

Saeeda Hameed’s father, Abdul Hameed Zehri, was whisked away from his home in Karachi on 10th April 2021. Since then Saeeda has been frequenting courts, commissions and taking to the streets to seek the release of her father. Families of missing persons say that they not only have to bear the pain of not knowing the whereabouts of their loved ones but also face harassment on various levels. “When I went in front of the Joint Investigation Team, they told me not to put up a drama, they said your father has gone on his own. They also said, “your father is a diabetes patient, you should get his death certificate made””, said Saeeda while breaking into tears. 

“I don’t remember ever crying when my father was still with me”, she said with tears springing down her cheeks as she clutched  her father’s picture.

Saeeda’s brother, Hammal, who was seated in the audience broke into a silent sob. According to her, Hammal kept waiting till 5 in the morning in the hope that their baba would return this Eid and said he didn’t want to spend another Eid on the road.

Somaiyah Hafeez

The author is a freelance feature writer.

The post A Cry for Justice: Children of Missing Persons Spent Eid on The Roads appeared first on Dissent Today.

Trials of civilians under the Army Act violate Article 10-A of the constitution of Pakistan that guarantees the right to fair trial. Pakistan is the only country in South Asia which allows the trial of civilians in military courts for non-military offences. Despite backlash, the government has chosen to go ahead with this draconian measure. Military courts have badly failed to fulfill the standards of a fair trial. Consider the following:

Article 10-A: The Right to Fair Trial:

Article 10-A regarding the right to fair trial covers several aspects. It is not just limited to criminal charges, but also includes the presumption of innocence of the accused, and prevention of any kind of custodial torture. In 2012, during the contempt of court proceedings against then prime minister Yousaf Raza Gillani, the court was of the view that right to fair trial was indeed a recognized right in our constitution. (PLD 2012 SC 553 2012). Given Pakistan’s Constitutional and political landscape, right to fair trial is a constitutional shield for the victims of institutional aggression, prisoners of conscience, and political workers. 

Here is why military courts do not have the capacity or the unbiased will to conduct a fair trial of civilians especially in this heated political landscape:

Lack of due process:

Due process is the essence of any legal system so that all kinds of legal rights pertaining to the accused are fulfilled. But trials in military courts follow no process. Procedures of these trials are kept hidden and names of the accused being charged in the military courts and their location are not disclosed either. 

Six persons were convicted and sentenced to death and one with life imprisonment of undisclosed offences. It was the inherent right of then convicted persons to be informed of their charges. The venue and time of trials are not disclosed to the public, hence restricting public access to the hearing. (Munir 2020). This principle about the disclosure of the charges against the accused has been mentioned in Liaqat Ali Chughtai. (Liaqat Ali Chugtai V. Federation of Pakistan 2012).

Absence of appellate jurisdiction:

According to reports, the accused persons convicted by the military courts have the right to appeal to a military appellate tribunal. This tribunal is presided by an officer not below the rank of brigadier. The verdict upheld by this tribunal is final. Civilian courts do not have the appellate jurisdiction over the decisions of military courts. They have the power to exercise writ jurisdiction in special cases but due to pressure from unknown forces, the courts have always acted with caution.

Lack of legal Acumen and Impartiality:

The basic credibility of any court of law lies in its impartiality and independence. The judges of military courts are neither impartial nor independent from the influence of their superiors. They must survive in the hierarchy of military and resultantly their decisions are not independent. This principle was confirmed in Sheikh Liaqat Hussain verdict. ( Sheikh Liaquat Hussain v. the Federation of Pakistan 1999). As a result, military courts were declared unconstitutional having no legal effect at all. Moreover, the judges of the military courts do not have legal training nor a legal degree, which is a prerequisite for a judge. 

No Access of Public to Judgements:

A well-articulated, detailed judgement can set legal principles for new cases, and it can be a source of guidance for the lawyers and judges simultaneously. Moreover, if the judgement is made public, the public can get to know about different aspects of law and criminal justice. Many jurists believe that a well-reasoned judgement with cogent arguments is a component of fair trial. But it is unfortunate that the judgements from the military courts have never been made public. Despite multiple requests from the family members of the convicts, the judgements have not even been made available to them. They seek justice while being in the dark about the reasoning given by the judge. 

Violation of International Legislative Documents:

Pakistan is a signatory to the International Covenant of Civil and Political Rights (ICCPR). Article 14 of ICCPR states that everyone is entitled to fair and public hearing by an impartial, competent, and independent tribunal which is established by law following its due course. None of these conditions are fulfilled by a military court trial and it is therefore a clear violation of the standards of International Law. 

Moreover, Article 6 of the European Convention of Human Rights lays down the basic minimum requirements for a fair trial. The hearing should be public and fair i.e., free of all kinds of prejudices. Announcement of judgement should be made publicly except in certain cases. The accused should be presumed innocent before proven guilty. Just like the above violation, same standards of a fair trial are not fulfilled by a military court trial. 

Evidence of Human Rights Abuses in Peshawar High Court Judgement

The late judge Justice Waqar Seth in his landmark judgement of 2018 set aside the punishments of 74 convicts. Several instances of human rights abuses during this whole course of trial was also highlighted and those were the basis for the acquittal of those convicts (Abdul Rashid V. Federation of Pakistan 2018) Justice Seth mentioned is his judgement that the record about the prosecution witnesses was erased and the same defense counsel was provided to many accused. Moreover, a shocking element was that the complete proceedings were based on confessional statements which were taken in isolation with no contact of the accused with their families or counsel. Hence, the honorable court stated that these statements were not admissible because the respective protocol for a confession was not followed. Reference to the case of Muhammad Ismail was given. (Muhammad Ismail v. The State 2017). 

Given the aforementioned concerns, trial of civilians in military courts is purely anti-democratic in nature. There are many instances of injustice by military courts, proving that these courts are not capable of ensuring a fair trial.

Muhammad Abdullah

The writer is a third-year law student at Dr. Muhammad Iqbal Law School, Government College
University, Lahore. He is currently a legal intern at Fair Trial Defenders Legal Aid Cell.

The post Here is Why Trials in Military Courts Can Never Be Fair appeared first on Dissent Today.

Further, the Committee notes that “the trial of civilians in military or special courts may raise serious problems as far as the equitable, impartial and independent administration of justice is concerned.” Accordingly, “trials of civilians by military or special courts should be exceptional, i.e. limited to cases where the State party can show that resorting to such trials is necessary and justified by objective and serious reasons, and where with regard to the specific class of individuals and offences at issue the regular civilian courts are unable to undertake the trials.” 

In Pakistan, court martial trials of civilians are opaque, biased and heavily dependent on the whims and wishes of military high command. There is no meaningful right of appeal; no free and unimpeded access of accused to counsel; no provision of record/documentation to counsel for the accused; and perhaps most concerning of all, military officers take on the role of judges, when they do not possess the requisite training or capacity to do so. Imagine the converse if your mind cannot process the nature or magnitude of the problem: judges being sent to defend our borders with a copy of the Constitution. If that is laughable, so is the idea that those tasked with defending Pakistan against external aggression, have the training or capacity to dispense justice. Different organs of the State/Government have differing responsibilities — for good reason.

Following the horrific cold-blooded murder of Pakistan’s children in the Army Public School (APS) terrorist attack, the nation was traumatized and that trauma resulted in poor decision-making (there were only a handful of people who chose principle over panic – the late Asma Jahangir included of course). If anything was Pakistan’s “9/11”, it was that absolutely tragic mass murder of this country’s children. Anyone who recalls the waves of terrorism that engulfed Pakistan, and the indiscriminate military operations ostensibly aimed at countering that terrorism, will remember that despite us ceding our civil liberties by allowing the 21^st Constitutional Amendment, we were not safe then and we are not safe now. In fact, even after our 9/11, we refused to course correct. Ehsanullah Ehsan – the man we were told made it necessary for us to surrender our civil liberties – roams free while a young man who stole a peacock from the Corps Commander House Lahore is languishing in prison. So in the eyes of the state, the value of the Corps Commander’s peacock far outweighs the value of human life – in fact a Pakistani child’s life.

In a June 2016 briefing paper by the International Commission of Jurists (ICJ), titled “Military Injustice in Pakistan,” it was observed that “Pakistani military courts are not independent and the proceedings before them fall far short of national and international fair trial standards.” It would appear that Law Minister Adam Namer Tarar was in a deep slumber from 2015 till date because there seems to be no other reasonable explanation for why he is actively misleading the public today with entirely false statements claiming that Pakistan’s military courts comply with international minimum protections for fair trial and due process. This is not only disingenuous but also in breach of the Minister’s oath, which places on him the obligation to “do right to all manner of people, according to Law, without fear or favour, affection or ill-will.” That “all manner of people” includes all of Pakistan’s citizens, irrespective of whether they are Baloch students, activists of the Pashtun Tahaffuz Movement (PTM) or even political workers of the Pakistan Tehreek-e-Insaaf (PTI).

In Pakistan, court martial trials of civilians are biased and heavily dependent on the whims of military high command. There is no meaningful right of appeal, and most concerning of all, military officers take on the role of judges.

Such barefaced defense of the unjustifiable isn’t limited to the Law Minister. The Government machinery has gone into overdrive to defend military court trials of civilians, which they themselves will likely be the victims of a few years from now. One must remember to ask the Prime Minister’s Special Assistant Mr. Atta Tarar how he feels about the “three rights of appeal” in that eventuality. After all, in Pakistan, we only seem to care if and when we become victims of an injustice.

In a country where even the mildest of criticism of the military high command can result in trial by court martial, it is alarming that the entire civilian set up (that holds power as a trust for the people of Pakistan) is performing mental gymnastics to deal a final blow to any prospect of civilian supremacy or control. 

Action against May 9 rioters 

The acts that took place on 9 and 10 May are nothing more than offences triable under the Pakistan Penal Code – they neither require trials by anti-terrorism courts nor court martial trials. To suggest that acts of arson or attacks on public property – criminal offenses under the Penal Code – require civilians to be subjected to trials by military officers, who do not even have basic understanding of the law, is beyond absurd and dangerous.

One need only recall the enforced disappearance and secret trial of human rights defender, Idrees Khattak, resulting in his continued incarceration. In November 2019, Idrees Khattak was forcibly disappeared and there was no information available on his fate or whereabouts up until several months later. In June 2020, it was discovered that Idrees Khattak was in the custody of the agencies working under the Ministry of Defence, in connection with a case under the Official Secrets Act. What followed exactly, no one knows (due to the inherent non-transparency and secrecy that surrounds military courts which is not denied but in fact justified on grounds of “confidentiality” and “national security”). However, Idrees Khattak was tried and sentenced to fourteen years rigorous imprisonment. He is not the only civilian who has been subjected to biased and opaque court martial proceedings. In Pakistan, where all power rests with Rawalpindi (with zero accountability for exercise of that power), there can never be even the remotest possibility of fair trial of civilians by court martial.

Have civilian courts failed to serve justice?

There is no weight in the argument being deployed by the civilian face of the present martial law to justify court martial of civilians. However, so that the uninterrupted flow of disinformation can be countered, the same is addressed below. The main (and rather audacious) line of argument adopted by those who lectured us on giving “respect to the vote”, is that the ordinary courts have failed to dispense justice and so there is a need for military courts. 

First, this flawed argument presumes (incorrectly) that military courts ensure fair dispensation of justice. This is contrary to the facts, research, judicial record and our history. Second, these courts which are being looked down upon by the civilian leadership are the same ordinary courts that are flooded each time it rains, where lawyers, judges and litigants alike sit for hours on end, covered in dirt and sweat in a tiny court room, functioning within a system that is heavily overburdened as a result of both frivolous/fake cases by the State against its own citizens and a refusal by the very same State to allocate sufficient funds/resources for functioning of the judiciary. Further, these are the same courts that rely on effective and timely investigations to proceed. How effective will those investigations be when investigating officers carry out the same on their own personal expense (with no proper reimbursement) because each successive government refuses to treat them as public functionaries, deserving of dignity in their work? Where for several decades the bulk of this country’s resources have been misallocated towards defense and defense-related expenditures, and luxuries for the ruling elite, what court system can deliver justice in these circumstances? More importantly, is it even reasonable to have this expectation when the civil-military imbalance has resulted in complete disintegration of all civilian institutions? And finally, with constant interference in the judiciary, brazen flouting of court orders, and intimidation of judges, by the military establishment, are we really to expect that those who dismantled our civilian structure will adhere to fair trial and due process guarantees in a system run entirely on their whims and wishes?

When the ordinary criminal law punishes arson, rioting and attacks on public property, there is no cogent reason why these offenses should be tried in anti-terror courts or by court martial.

There is no dispute over the poor functioning of our ordinary courts, however, military courts are not – and can never be – a solution to the problem because they are in fact an illustration of the State’s skewed priorities that have caused the problem in the first place. It is truly baffling why the civilian government is insistent on defending what is glaringly unconstitutional. Is the desire to completely dismantle and punish the PTI really greater than the desire for civilian supremacy? And is that desire to dismantle still greater than the desire for self-preservation of civilians/politicians in the long run?

Amidst all the propaganda and miscalculated defense of military court trials of civilians, it is pertinent to remember that when the ordinary criminal law protects against, and punishes, arson, rioting and attacks on public property, there is no cogent reason why these offenses should be tried in anti-terror courts or by court martial. To do so is also contrary to law settled by the Supreme Court of Pakistan, and in contravention of Article 4 of the Constitution, as held in the Waris Ali Case (2017 SCMR 1572): “The phrase ‘to be treated in accordance with law’ includes that every citizen must be dealt with according to law applicable to him, subject of course to the facts and circumstances of the case. If any citizen is triable under the ordinary penal law of the land, then treating him harshly under special law, not clearly applicable to him, would be a violation of the command of the Constitution.” 

Unfortunately however, the theater of the absurd continues in Pakistan as the climate of fear is at an all-time high. Politicians scramble to snatch the polish out of each other’s hands while the boots reward such servility by momentarily lifting their weight off the polisher’s neck. Tomorrow, each one of the politicians knows that the might of the boot will once again endanger their very own existence, but the choice is pettiness and vengefulness over reason. The delight of watching their opponents suffer (like they suffered in the past) is too good an opportunity to miss. And so it goes on and on, but real power (and exercise of that power with impunity) remains with the military establishment. 

Imaan Zainab Mazari-Hazir

The writer is an Islamabad-based lawyer and human rights activist.

The post Trial By Firing Squad: Prosecuting Civilians in Military Courts is Unconstitutional appeared first on Dissent Today.

PTM chief Manzoor Pashteen tweeted that five workers associated with the social movement for Pashtun rights were arrested by the police during a rally in Kohat.

The PTM chief said the police baton-charged the participants of the rally.

The arrested workers include: Haji Abdul Samad, Javaid Khattak, Bilal Orakzai, Aftab Shinwari, and Irshad.

کوہاٹ میں دھشتگردی کےخلاف آج ہونے والے مظاہرے پر ریاستی اداروں کا حملہ۔
PTM رہنماء حاجی عبدالصمد،جاوید خٹک،بلال اورکزئی،آفتاب شینواری,ارشاد گرفتار جبکہ مظاہرین پر لاٹھی چارج۔
کوہاٹ میں ضلعی انتظامیہ پر وہاں کے ISI آفیسرز کا مسلسل دباؤ کہ دھشتگردی مخالف کرداروں کو ٹارچر کیا جائے۔

— Manzoor Pashteen (@ManzoorPashteen) May 19, 2023

People in Khyber Pakhtunkhwa have been holding protests in various parts of the province against the resurgence of terrorism since the last few months.

Earlier, a blast in an office of the Counter Terrorism Department (CTD) in the Swat’s Kabal area claimed 17 lives. Five  Shia teachers were killed in an attack at a school in the Kurram district of Khyber-Pakhtunkhwa.

News Desk

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The international human rights watchdog has said the authorities have carried out mass protests and detained more than 4,000 people over violent protests held by PTI supporters across the country on May 9. The party supporters stormed the military installations, setting fire to them, while also damaging a number of public and private properties.

Nine people died during the clashes between police and protesters across the country.

Imran Khan was released two days later by the Islamabad High Court (IHC).

Last week, the military and political leadership decided to hold trials of PTI supporters involved in attacking military buildings under Army Act, drawing severe condemnation from human rights quarters.

In a statement released today, Human Rights Watch has said many PTI protesters and leaders who have been arrested by the police are being charged under “vague and overbroad laws prohibiting rioting and creating threats to public order”.

Urging the authorities to release those held for peaceful protest or supporting the political opposition, HRW said Pakistan should respect the due process rights of all those detained.

“The Pakistani authorities should end their arbitrary arrests of political opposition activists and peaceful protesters,” said Patricia Gossman, associate Asia director at Human Rights Watch. “Anyone committing violence should be appropriately charged and their due process rights respected.”

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Voice for Baloch Missing Persons vice president Mama Qadeer has been staging sit-ins and organising protest demonstrations across the province for the release of missing persons.

Mama Qadeer’s son Jaleel Reiki went missing in 2010. Three years later, he found his bullet-riddled body and since then he has been protesting against enforced disappearances.

Mama Qadeer said that the CTD is forcing families of Baloch missing persons, including children, to falsely link him to banned outfits.

Be Aware :
Please be aware CTD is pressuring families of #Balochmissingpersons, including children as young as ten, to provide written statements to CTD accusing me, #MamaQadeer, of having ties with banned militant outfits. This is a deliberate attempt to defame and trap me.

I…

— Mama Qadeer Baloch (@QadeerMama) April 9, 2023

He said that he has always organised peaceful protests.

“Despite these challenges, I will continue to remain peaceful in my activism. My struggle will continue until every missing person is reunited with their loved ones,” he added. 

According to a report released by the Commission of Inquiry on Enforced Disappearances (COIOED) in July 2022, a total of 8,696 cases of missing persons have been reported. While 6,513 of these cases have been solved, 2,219 are still pending. Among the missing persons, the majority of people are from Baloch and Pashtun ethnicities.

However, human rights activists claim the number is much higher than this.

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Hindu girl identified as Bindia Meghwar was abducted last week from Sindh.

Another Hindu Bindia Meghwar got converted to Islam after abduction from Sanghar. She was married off to an adult Muslim man.

The story in the document is written the same as what we are hearing in all cases.

Mr. Bilawal Bhutto — why Sindhi Hindu girls are not protected? pic.twitter.com/E30Cej009S

— Veengas (@VeengasJ) April 9, 2023

In a similar incident last month, 16-year-old girl Sangeeta Odh was abducted from Karachi and forcibly married to her kidnapper after conversion to Islam.
Earlier, a court had also ruled in favour of a man who abducted a 15-year-old Hindu girl and forcibly married her. The court had also sent the girl back with her alleged kidnapper.

The United Nations had also urged Pakistan to curtail the practice of forced marriages of young girls from religious minorities to Muslim men. The United Nations also called on Pakistani authorities to adopt and implement legislation in this regard.

In a statement, the UN further “expressed alarm” that young girls from religious minorities are kidnapped, trafficked, forcibly converted to Islam, and forced to marry men. The statement called on Pakistani authorities to curb this practice and uphold international human rights law.

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