The Pakistan Tehreek-e-Insaf (PTI) has announced that it is challenging the military court’s conviction of its workers and supporters, calling the trials of “civilians in military courts a blatant miscarriage of justice”.
“A judicial commission should be constituted to investigate the events of May 9 and November 26 crackdown on PTI protesters,” PTI Chairman Barrister Gohar Ali Khan said on Thursday.
The remarks came shortly after a military court sentenced 60 other “culprits” to prison for their involvement in the May 9 riots, bringing the total number of those convicted to 85.
“Following the announcement of the sentences on May 9, in light of the decision of the Supreme Court, the Field Court-Martial handed down sentences to the following remaining 60 culprits after examining all the evidence, securing all the legal rights of the convicts, completing due process and due process of law,” Inter-Services Public Relations said (ISPR).
PTI founder Imran Khan’s nephew Hassan Khan Niazi was among two people sentenced to 10 years rigorous imprisonment, according to the army’s media wing.
The ISPR highlighted the conclusion of the military trial with all accused involved in the May 9 riots in military custody, noting that all those convicted retained their right to appeal and other legal remedies as guaranteed by the Constitution and the law.
The world community, including the United States (US), the United Kingdom (UK), and the European Union (EU), have expressed concern over the sentencing of civilians by military courts, arguing that the convictions are in violation of international law.
Speaking to reporters today, PTI’s Barrister Gohar said appeals would be filed against these judgments individually and urged the Supreme Court to decide the case related to the military trial soon.
Meanwhile, Leader of the Opposition in the National Assembly Omar Ayub said Khan also condemned the sentences of civilians by military courts, saying they cannot sentence civilians.
“Article 7 of the Constitution contains the definition of the state […] the parliament, the provincial assemblies, the National Assembly and the Senate are the state,” he said, adding that the military and other institutions are “under the state”.
Ayub went on to say that the military establishment cannot function as a judiciary and stressed that civilians should be tried in civilian courts.
FO reaction
Responding to concerns raised by foreign countries, the Ministry of Foreign Affairs (FO) said a day earlier that the sentences of the military courts were handed down based on the law passed by the Parliament and in accordance with the judgment of the Supreme Court of Pakistan.
FO spokesperson Mumtaz Zahra Baloch said in a statement: “Pakistan is fully committed to fulfilling all its international human rights obligations.”
She said Pakistan’s legal system was in compliance with international human rights law, including the provisions of the International Covenant on Civil and Political Rights (ICCPR).
“It has remedies of judicial review by superior courts and guarantees the enforcement and protection of human rights and fundamental freedoms.”
The spokesman added that Islamabad believes in constructive and productive dialogue to support the principles of democracy, human rights and the rule of law. “We remain fully committed to our commitments under the GSP Plus system and major international human rights conventions.”
Violent protests erupted after PTI founder Imran Khan was taken into custody in a graft case. On the other hand, many party workers have been arrested and more than 100 civilians are facing military trials.
However, the party founded by Khan has maintained that it played no role in incidents involving military installations, including the attack on the General Headquarters (GHQ), and has called for a judicial inquiry into last year’s events.
