UN rights body opposes military trial of civilians

• Seeks legislation to prevent enforced disappearances; expresses concern over frequent internet shutdowns
• Regrets lack of transparent prior consultation on new legal framework under 26th amendment
• Welcomes adoption of key legal protections, steps on climate change

ISLAMABAD: The UN Human Rights Committee has urged the Pakistan government to take immediate measures to review legislation concerning military courts, revoke their jurisdiction over civilians, abolish their authority to impose the death penalty and ensure that their proceedings fully comply with the International Covenant on Civil and Political Rights (ICCPR) to guarantee the right to a fair trial.

Releasing its findings after examining Pakistan’s case at its latest review, which concluded in Geneva on Thursday, the UN committee said Pakistan should also release on bail all civilians detained under the jurisdiction of military courts.

The committee expressed concern over the use of the Pakistan Army Act, 1952, to prosecute civilians in military courts. It also highlighted reports indicating a disproportionately high conviction rate, with a majority of cases between 2015 and 2019 resulting in death penalties.

Regarding the independence of judiciary, the UN committee acknowledged the information provided by Pakistan’s delegation on the 26th amendment and its adoption process. However, it expressed concern about the lack of prior, broad and transparent consultations with judges, prosecutors, lawyers, bar associations, and civil society.

The UN committee regretted the lack of information on the legal framework and institutional mechanisms to guarantee the independence of prosecutors and on the mechanisms for their recruitment, appointment, promotion disciplinary action and dismissal.

Harassment, intimidation

The committee expressed concern over reports of frequent harassment, intimidation and threats, including by non-state actors, against judges and prosecutors involved in politically sensitive cases, corruption, terrorism and blasphemy-related cases.

On the issue of the right to privacy, the committee raised concerns that the Prevention of Electronic Crimes Act grants overly broad power to authorities to access and retain personal data, and to share it with foreign governments, without judicial authorisation and sufficient oversight.

The committee recommended that the government should promptly adopt a comprehensive data protection law that ensures transparency, accountability, and the protection of privacy of data in line with international human rights standards.

The UN panel asked the government to review and amend its legal framework and policies relating to the Exit Control List, Black List, Passport Control List and Visa Control List with a view to bringing them into compliance with the article of the Covenant and ensure that they do not restrict freedom of movement on unjustified grounds.

Enforced disappearances

The UN committee said the government should take urgent measures to address and prevent the pattern of enforced disappearances, enact legislation to ensure that all forms of disappearances are clearly defined in criminal law and that the associated penalties are commensurate with the gravity of the offence, in accordance with the international standards.

While noting the adoption of the Protection of Journalists and Media Professionals Act 2021, the committee expressed concern over frequent reports of enforced disappearances, torture, killings, threats and harassment of journalists and human rights defenders.

The UN committee asked the state party to investigate the enforced disappearances, torture, killings and intimidation of journalists and human rights defenders, prosecute perpetrators and compensate victims.

It also called upon Pakistan to stop restricting freedom of expression, such as internet shutdowns and the blocking of websites and online resources and bans on social media platforms, and to ensure that criminal laws and counterterrorism legislation are not used to silence journalists and human rights defenders.

Praise for govt

On the positive side, the committee welcomed the promulgation of a number of legal measures, such as the National Gender Policy Framework 2022; the Khyber Pakhtunkhwa Domestic Violence against Women Act 2021; the Protection of Journalists and Media Professionals Act 2021; the Legal Aid and Justice Authority Act 2020; the Prevention of Trafficking in Person Act 2018; the Juvenile Justice System Act 2018; the Transgender Persons (Protection of Rights) Act 2018; and, the Acid and Burn Crime Act 2018.

It also commended the adoption of measures such as the Climate Change Act 2017 and the National Adaptation Plan 2023, as well as the decision to extend the validity of Afghan refugees’ Proof of Registration cards until June 2025.

Published in Dawn, November 8th, 2024