Pakistani official defends military trials of civilians despite EU concerns

A senior Pakistani government official told Nukta, that Pakistan will address the European Union (EU)'s concerns over the military court sentencing of 25 civilians, maintaining that the process upheld all local laws and international human rights standards.

The sentences, ranging from two to ten years in prison, have sparked an international debate about Pakistan's use of military courts to try civilians, a practice that critics say bypasses normal judicial procedures.

Meanwhile, the United Kingdom government also responded to sentencing of civilians in military courts.

“While the UK respects Pakistan’s sovereignty over its own legal proceedings, trying civilians in military courts lacks transparency, independent scrutiny and undermines the right to a fair trial. We call on the Government of Pakistan to uphold its obligations under the International Covenant on Civil and Political Rights,” a Foreign, Commonwealth & Development Office spokesperson said.

"The statement issued by the European Union overlooks several key facts," the official said. "First, the trial was conducted strictly according to the law. There was no illegality in the process, as the Constitution and legal framework of Pakistan fully allow such trials." The official added that similar proceedings had been used against terrorists and criminals before, but this case drew more attention due to the defendants' political affiliations.

The official noted that the law permitting these military trials was already in effect when the European Union granted Pakistan Generalized Scheme of Preferences Plus (GSP+) status, and similar trials had been conducted during this period.

The official suggested that the EU's concerns might be prompted by the unusually high number of defendants in this case. He informed Nukta that Pakistan plans to issue a formal response to the EU.

The official maintains that the sentences were not arbitrary. "An incident occurred, and the law provided the framework for these trials. The sentences were imposed within the legal limits," the official emphasized. They explained that the convicted individuals retain the right to a three-tier appeals process: first under the Army Act, then to the High Court for review of the trial's legality, and finally to the Supreme Court.

Statement by European Union

The EU had earlier expressed concern over a military court's December 21 sentencing of 25 civilians in Pakistan.

In its statement, the EU noted that these verdicts violated Pakistan's obligations under Article 14 of the International Covenant on Civil and Political Rights (ICCPR), which guarantees the right to a fair and public trial by an independent and impartial court, along with effective legal representation.

The EU emphasized that Pakistan, along with other nations receiving GSP+ benefits, must implement 27 international conventions, including the ICCPR, to maintain their preferential trade status.

Backgrounder

Violent riots erupted across Pakistan on May 9, 2023, following the arrest of former Prime Minister Imran Khan. Protesters attacked military installations and destroyed property at several key sites, including the General Headquarters (GHQ) in Rawalpindi, Jinnah House in Lahore, PAF Base Mianwali, and military centers in Mardan. The attacks included the desecration of monuments honoring fallen soldiers (Shuhada).

On December 13, 2024, the Supreme Court permitted military courts to try civilians detained in connection with the May 9 incidents. Following investigations and legal proceedings, these courts sentenced civilians to prison terms ranging from two to 10 years for their alleged roles in the attacks.

The military's media wing, Inter-Services Public Relations (ISPR), recently characterized the sentences as a message against political violence and warned against future attacks on military installations.

These military court proceedings represent one component of the broader legal response to the May 9 events. Separate cases are also being heard in anti-terrorism courts across the country, where numerous political leaders face charges related to the attacks.