Islamabad [Pakistan], November 8 (ANI): The United Nations Human Rights Committee has issued a critical assessment of Pakistan’s use of military courts to try civilians, urging the government to overhaul its judicial system and ensure compliance with international human rights standards.
The Committee emphasised that the use of military courts should be restricted, that death penalties should not be imposed by these courts, and that all legal proceedings should align with the International Covenant on Civil and Political Rights (ICCPR) to protect the fundamental right to a fair trial, Dawn reported.
Following a review of Pakistan’s judicial practices in Geneva, the UN panel expressed concern over the application of the Pakistan Army Act, 1952, which allows military courts to try civilians. According to the Committee, reports indicate an unusually high conviction rate from 2015 to 2019, with the majority of cases resulting in death sentences.
The Committee called for immediate reform, including the release of all civilians currently detained under military jurisdiction.
The Committee also acknowledged Pakistan’s efforts toward judicial reform, referencing the 26th Amendment. However, it highlighted the lack of transparent consultations with essential stakeholders, such as judges, prosecutors, lawyers, bar associations, and civil society groups.
The absence of these consultations, the panel noted, raises concerns about the independence of the judiciary, which is fundamental for maintaining public trust in the legal system, reported Dawn.
In addition to structural issues, the UN committee highlighted troubling reports of harassment, intimidation, and threats against judges and prosecutors, particularly those handling sensitive cases involving corruption, terrorism, and blasphemy. Such reports, the Committee warned, suggest a broader issue undermining judicial independence and the safety of judicial personnel in Pakistan.
Regarding privacy rights, the Committee criticised Pakistan’s Prevention of Electronic Crimes Act, which grants extensive powers to authorities to access and share personal data, often without judicial oversight. The UN panel urged the Pakistani government to establish a robust data protection law that prioritises transparency, accountability, and personal privacy, adhering to international human rights standards.
The Committee also called on Pakistan to review policies related to freedom of movement, recommending that the government reform its Exit Control List, Black List, Passport Control List, and Visa Control List to comply with ICCPR provisions.
It emphasised that these regulations should not impose undue restrictions on citizens’ rights to move freely, Dawn reported.
A further point of concern for the Committee was the issue of enforced disappearances. It called on Pakistan to enact clear legal definitions within its criminal law regarding all forms of enforced disappearances, and to impose penalties that match the severity of these crimes, following international standards. The Committee stressed the importance of addressing this ongoing issue to prevent future incidents and uphold human rights.
While the Committee acknowledged Pakistan’s passage of the Protection of Journalists and Media Professionals Act 2021, it highlighted reports of enforced disappearances, torture, killings, and harassment targeting journalists and human rights defenders. The Committee urged the Pakistani government to investigate these cases thoroughly, hold perpetrators accountable, and provide compensation to affected individuals.
Additionally, the Committee urged Pakistan to end restrictions on freedom of expression, including internet shutdowns, blocking of websites, and bans on social media platforms.
It called for a review of criminal laws and counterterrorism legislation to ensure they are not used to silence journalists and human rights defenders, underscoring the importance of free speech and media independence for a democratic society. (ANI)
