Military Courts and Civilian Trials: Due Process Challenges in Pakistan’s Military Justice System

Abstract

Co-existence of the military and civilian judicial systems in Pakistan has raised great legal and constitutional questions. As security concerns have intensified the military courts have been putting more of the civilians accused of terrorism related crimes on trial. The due process and safeguarding of the universal rights are two policies that are threatened by the practice since it is a practice mandated by the Constitution of the Pakistan and the norm of international law.

The paper will be evaluating critically the implications of due process of tried civilians in a military court within the jurisdiction of the Pakistan judics discourse. It examines the question whether these trials are compatible with constitutional guarantees and international human rights standards, especially in the fields of fair trial and access to justice, with special emphasis on transparency, legal assistance and access to appeal.

The study is expected to be conducted using the qualitative legal-analytical approach using the case law, constitutional provisions, and international treaties. It studies the major Supreme Court decisions, including the 21 st Amendment decision, and the recorded trial in the military courts. Additional interviews of legal specialists and examinations of trial transcripts (in case they are available) can be used to attest the findings.

The work is likely to indicate a systemic failure process in the proceedings of military courts on the trial of civilians such as less availability of legal representation, the trial without hearings publicly, and without reasons at length. It can also point out differences between actions regarding trial in military courts and norms of fair trial under the domestic or international law.

The conclusion points out to the necessity of judicial reform and more regulations on the military justice system in Pakistan. The paper will help in filling the gaps in the current discussions on separation of power, civil liberties and balancing of national security and human rights. Suggestions to policies can be achieved through slow recourse of civilian cases to the normal courts and stronger legal safeguards to the accused.