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

An ode to the cradle of humankind

The Alphabets of Africa: Poems By Abhay K. Vintage Classics, 280 pages, ₹499.00   Abhay K

Ahmedabad district railway network to be expanded

The Cabinet Committee on Economic Affairs, chaired by prime minister Narendra Modi, on Wednesday approved the Ahmedabad (Sarkhej) – Dholera Semi High-Speed Double Line project of Ministry of Railways with total cost of Rs. 20,667 crore (approx.). It will be Indian Railways 1st semi high-speed project

Indian Ocean more contested than ever: Western Naval Command Chief

The Indian Ocean is becoming increasingly contested and strategically significant as the Indo-Pacific emerges as the defining geopolitical theatre of the 21st century, Vice Admiral Krishna Swaminathan, Flag Officer Commanding-in-Chief of the Western Naval Command, has said.   Spe

Why the judiciary needs much more than four more judges

India has a particular form of governance theatre: the bold declaration that appears to be action but is actually a way of avoiding action. The Union Cabinet on May 5 approved a Bill to increase the sanctioned strength of the Supreme Court from 34 to 38. The decision has been touted as a step toward judici

Wisdom stories that don’t preach but encourage reflection

The Foundation Of A Fulfilling Life: Lessons from Indian Scriptures Deepam Chatterjee Aleph Books, 264 pages, Rs 899  

Citizens of the Bay: Why BIMSTEC matters now

The international order is drifting into a dangerous grey zone as the very powers that built today`s multilateral system begin to chip away at it. The United States has increasingly walked away from global rules and forums when they no longer suit its interests, while China has rushed to fill the vacuum on


Archives

Current Issue

Opinion

Facebook Twitter Google Plus Linkedin Subscribe Newsletter

Twitter