UN panel criticises Pakistan’s military courts

The committee expressed concern over the very broad powers given to the army to detain people suspected of involvement in terrorist activities without charge or judicial supervision

GN Bureau | May 16, 2017


#UN Panel   #Kulbhushan Jadhav   #Pakistan   #Kulbhushan Jadhav Case  


A UN report has come down heavily on Pakistan’s military courts, one of which had awarded death sentence to Kulbhushan Jadhav.
India and Pakistan on Monday were pitted against each other at the International Court of Justice (ICJ) over the case of Jadhav, a former Indian naval officer found guilty by the military court of being an Indian spy. India has strongly denied the claims.

United Nations Committee against Torture said that the committee is seriously concerned at reports that members of the State party’s military forces; intelligence forces, such as the Inter-Service Intelligence agency; and paramilitary forces, such as the Frontier Corps and the Pakistan Rangers, have been implicated in a significant number of cases of extra-judicial executions involving torture and enforced disappearances.

The committee is also concerned about the possibility that the State party’s laws provide for retroactive immunity for torture by members of the military and paramilitary forces, under provisions of the Actions in Aid of Civil Power Regulation of 2011, for events after February 2008; as well as the amendment to the Army Act of 2015 which grants all personnel associated with military courts complete retrospective immunity from prosecution for actions taken in “good faith”.

The committee is also concerned by the exclusive jurisdiction of the military justice system over soldiers accused of offences against civilians. It regrets that the State party provided no information suggesting that members of the military, intelligence services, or paramilitary forces have been prosecuted and punished for acts amounting to torture as defined by the Convention.

The report said that the committee is seriously concerned that the State party has authorized military courts to try civilians for terrorism-related offences, most recently in the 23rd amendment to the Constitution of Pakistan, approved in 2017, particularly in view of the lack of independence of military court judges, which are within the military hierarchy, and practices of such courts including holding closed trials.

The committee is also concerned by the very broad powers given to the Army to detain people suspected of involvement in terrorist activities without charge or judicial supervision in internment centres under the Actions in Aid of Civil Power regulations 2011.

It said: “End the resort to military courts for terrorism related prosecutions, transfer criminal cases against civilians from military courts to civilian courts and provide the opportunity for appeal in civilian courts of cases involving civilians already adjudicated under military jurisdiction.”

Read: UN committee’s observations on Pakistan
 

Comments

 

Other News

Elections 2024: 1,351 candidates in fray for Phase 3

As many as 1,351 candidates from 12 states /UTs are contesting elections in Phase 3 of Lok Sabha Elections 2024. The number includes eight contesting candidates for the adjourned poll in 29-Betul (ST) PC of Madhya Pradesh. Additionally, one candidate from Surat PC in Gujarat has been elected unopp

2023-24 net direct tax collections exceed budget estimates by 7.40%

The provisional figures of direct tax collections for the financial year 2023-24 show that net collections are at Rs. 19.58 lakh crore, 17.70% more than Rs. 16.64 lakh crore in 2022-23. The Budget Estimates (BE) for Direct Tax revenue in the Union Budget for FY 2023-24 were fixed at Rs. 18.

‘World’s biggest festival of democracy’ begins

The much-awaited General Elections of 2024, billed as the world’s biggest festival of democracy, began on Friday with Phase 1 of polling in 102 Parliamentary Constituencies (the highest among all seven phases) in 21 States/ UTs and 92 Assembly Constituencies in the State Assembly Elections in Arunach

A sustainability warrior’s heartfelt stories of life’s fleeting moments

Fit In, Stand Out, Walk: Stories from a Pushed Away Hill By Shailini Sheth Amin Notion Press, Rs 399

What EU’s AI Act means for the world

The recent European Union (EU) policy on artificial intelligence (AI) will be a game-changer and likely to become the de-facto standard not only for the conduct of businesses but also for the way consumers think about AI tools. Governments across the globe have been grappling with the rapid rise of AI tool

Indian Railways celebrates 171 years of its pioneering journey

The Indian Railways is celebrating 171 glorious years of its existence. Going back in time, the first train in India (and Asia) ran between Mumbai and Thane on April 16, 1853. It was flagged off from Boribunder (where CSMT stands today). As the years passed, the Great Indian Peninsula Railway which ran the

Visionary Talk: Amitabh Gupta, Pune Police Commissioner with Kailashnath Adhikari, MD, Governance Now


Archives

Current Issue

Opinion

Facebook Twitter Google Plus Linkedin Subscribe Newsletter

Twitter