Supreme Court validation of military court trials a blow to the rule of law and human rights

Geneva, August 29: The Pakistani Supreme Court today rejected 16 petitions by families of people sentenced to death by military courts on fair trial grounds. The Court has held the petitioners failed to prove the military courts’ proceedings violated their constitutional right to a fair trial.

As highlighted by the ICJ in a briefing paper released in June, proceedings before Pakistani military courts fall well short of national and international standards requiring fair trials before independent and impartial courts: judges are part of the executive branch of the State and continue to be subjected to military command; the right to appeal to civilian courts is not available; the right to a public hearing is not guaranteed; and a duly reasoned, written judgment, including the essential findings, evidence and legal reasoning, is denied. In addition, the procedures of military courts, the selection of cases to be referred to them, the location and timing of trial, and details about the alleged offences are kept secret.

ICJ considers the Supreme Court’s validation of military trials a blow for human rights and the rule of law. The full press statement can be accessed here: http://www.icj.org/pakistan-supreme-court-validation-of-military-court-trials-a-blow-to-the-rule-of-law/

About the ICJ

The International Commission of Jurists (ICJ) is a network composed of 60 judges and lawyers from all regions of the world dedicated to the promotion and protection of human rights through the rule of law. Using its unique legal expertise, the ICJ develops and strengthens national and international justice systems. Established in 1952 and active on five continents, the ICJ aims to ensure the progressive development and effective implementation of international human rights and international humanitarian law; secure the realization of civil, cultural, economic, political and social rights; safeguard the separation of powers; and guarantee the independence of the judiciary and legal profession.

Category: Media Monitoring