Pakistan empowers military courts to pass death sentences on civilians

Pakistan’s supreme court has ruled that secret military courts are legal and can pass death sentences on civilians, a judgment that critics say further strengthens the military’s grip on power at the expense of civilian authorities.

Military courts were empowered to try suspected militants after Taliban gunmenmassacred 134 children at an army-run school in December. The government argued that civilians were too scared to convict militants.

Several lawyers challenged the constitutionality of the military courts in the supreme court. But on Wednesday, Nasir ul Mulk, the chief justice, announced that all “petitions have been dismissed”. A detailed judgment would be released later, he said.

Pakistan, a nuclear-armed country with a population of 190 million, is plagued by a Taliban insurgency, sectarian violence and militancy.

Military courts have heard at least 100 militants’ cases and passed judgment in at least 27, the law ministry said in June. The military published the names of six men sentenced to death in one case.

“The six men convicted by military courts whose executions were stayed by the supreme court will now go ahead,” Ashtar Ausaf Ali, minister of state for law, said after the judgment.

There is no public information about the identity of other suspects or convicts, about the charges or evidence against them, or about their sentences or appeals. The military has not responded to repeated requests for comment.

Military courts have been empowered to try militant suspects until February 2017. The government has promised to use that time to reform the broken civilian justice system.

Critics say the government has handed the military too much power and that there are few signs of reform.

“Ceding space to the military isn’t the answer,” said Saroop Ijaz, a lawyer who represents Human Rights Watch. “Parliament can’t pass the buck for creating a functioning criminal justice system. There’s been no movement on reform,” he added. “When the military courts lapse, the criminal justice system will still be broken.”

An investigation by Reuters of previous military court martials found that accusations of torture were common.

The military is already holding thousands of civilians without trial, according to supreme court hearings into missing persons. It is unclear whether some may face military courts.

“We cannot know what is happening inside those courts, we have no access to them,” said Amina Janjua, an activist for the families of the missing whose own husband was detained 10 years ago. “Who will know whether the judges’ decision is right and what proof there was?”