Military matters
The fear is that courts run by military officers could lead to a violation of basic human rights
The prime minister addresses the All Parties Conference at PM House on January 2, 2015. PHOTO: PID
Of course, we need our military for a great many things. It needs to protect our borders and maintain internal security. But whether we need it to run our judicial system and handle cases involving terrorism is a matter for much debate. It is unfortunate this debate did not take place before the 21st Amendment Bill setting up military courts was tabled in the National Assembly on January 3.
The Bill will almost certainly be passed by parliament by two-thirds majority, required for a constitutional amendment, given that none of the political parties have spoken out against the dangers of such a measure and the handing over of key judicial powers to the military.
At the All-Parties Conference held on January 2, each and every one of them essentially backed the creation of military courts, altering their previous position on the matter.
The fear is that courts run by military officers could lead to a violation of basic human rights. This often happens when attempts are made to bypass the judicial system, which for all its faults is designed to ensure fair play and run by persons highly trained in the nuances of the law and all that it involves.
This may not be true in the case of the officers who will now preside over the new tribunals to be set up after Article 175 is duly amended to allow for this. There are also of course other risks. Power handed over to the military has not produced positive results in the past.
Of course we face a crisis. As the Chief of Army Staff, General Raheel Sharif, said, the military courts come because of the needs we currently confront in leading the war against militants. This may not be inaccurate. But any misuse of authority or distortion of the judicial system could only make matters worse in the long run and that is not a prospect any of us would like to consider as we continue a battle against terrorism that must be won if we are to save our country and prevent further damage from being inflicted on it.
Published in The Express Tribune, January 4th, 2015.
The Bill will almost certainly be passed by parliament by two-thirds majority, required for a constitutional amendment, given that none of the political parties have spoken out against the dangers of such a measure and the handing over of key judicial powers to the military.
At the All-Parties Conference held on January 2, each and every one of them essentially backed the creation of military courts, altering their previous position on the matter.
The fear is that courts run by military officers could lead to a violation of basic human rights. This often happens when attempts are made to bypass the judicial system, which for all its faults is designed to ensure fair play and run by persons highly trained in the nuances of the law and all that it involves.
This may not be true in the case of the officers who will now preside over the new tribunals to be set up after Article 175 is duly amended to allow for this. There are also of course other risks. Power handed over to the military has not produced positive results in the past.
Of course we face a crisis. As the Chief of Army Staff, General Raheel Sharif, said, the military courts come because of the needs we currently confront in leading the war against militants. This may not be inaccurate. But any misuse of authority or distortion of the judicial system could only make matters worse in the long run and that is not a prospect any of us would like to consider as we continue a battle against terrorism that must be won if we are to save our country and prevent further damage from being inflicted on it.
Published in The Express Tribune, January 4th, 2015.