By Afshain Afzal

In the latest development, the EU, UK and the US, UK highly criticized the Inter Services Public Relations (ISPR) announcement dated 21st December 2024 that the military Field General Court Martial convicted 25 people in the first phase over attacks on the installations of the Armed Forces including desecration of the monuments of Shuhada. What the EU, UK and the US, missed the announcement include second phase sentences of remaining accused when the due process is complete. More so, all those sentenced by the military tribunal would have right to appeals including the Supreme Court of Pakistan.

The development came soon after the ISPR’s announcement; the European Union announced its concern over the sentencing of twenty-five civilians by a military court saying, “These verdicts are seen as inconsistent with the obligations that Pakistan has undertaken under the International Covenant on Civil and Political Rights (ICCPR). In line with article 14 of ICCPR every person is entitled to a fair and public trial in a court that is independent, impartial and competent, and has the right to adequate and effective legal representation. It also stipulates that any judgement rendered in a criminal case shall be made public. There are threats to end trade concessions.

The United States also issued a press statement dated 23 December 2024, on the sentencing of 25 civilians in a Pakistani military tribunal, “The United States is deeply concerned that Pakistani civilians have been sentenced by a military tribunal for their involvement in protests on May 9, 2023. These military courts lack judicial independence, transparency, and due process guarantees… and continues to call on Pakistani authorities to respect the right to a fair trial and due process, as enshrined in Pakistan’s constitution.

The United Kingdom’s Foreign, Commonwealth & Development Office spokesperson said, “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”.

If we recall, on 9 May 2023, Pakistan witnessed tragic incidents of politically motivated terrorism cum treason, which provoked general masses to resort to violence and arson as well as trespassing highly sensitive prohibited installation to cause damage and take over them at multiple places. The law took its course and the Supreme Court of Pakistan on 27 March 2024, nullified its previous order of 23rd October’s injunction ordering that military courts could commence trials but they would not convict or acquit any suspect until the pendency of government-instituted intra-court appeals (ICAs) or their decisions would be conditional to the Supreme Court verdict. Previously, a five-member Supreme Court Bench comprising Justices Ijazul Ahsan, Munib Akhtar, Yahya Afridi, Syed Mazahar Ali Akbar Naqvi and Ayesha Malik, declared that trying 103 civilians in military courts for their role in attacks on Army Installations was unconstitutional.

Is west forgetting how they treat anti state elements and those who commit national security breaches? Should we remind the United Kingdom and the Europeans who brought the existing laws into Pakistan… didn’t they implement it to democratize their rule in present day Pakistan and other nations? Are the Americans, Europeans and the Briton forgetting the respect of human rights and fair trial at Guantanamo Bay, installed interim governments in occupied parts of Afghanistan, Syria, Iraq and other nations?

The United Kingdom must not forget her own laws where under Trespass on protected sites - sections 128-131 of the Serious Organised Crime and Police Act 2005 as amended by section 12 of the Terrorism Act 2006. The USA Code 1752 says, “whoever knowingly enters or remains in any restricted building or grounds without lawful authority to do so with the intent to impede or disrupt the orderly conduct of Government official functions, engages in disorderly or disruptive conduct in, or within proximity to, any building or grounds when their conduct impedes or disrupts normal business….” US law says one who engages in any act of physical violence against any person or property in any restricted building or grounds may be awarded a fine under this title or imprisonment for not more than 10 years, or both. Can EU deny punishments for protest-related offences where physical assaults and significant criminal damage to property, aggravated trespass etc.

What the Western nations fails to understand is that being the members states of the United Nations Organizations all states are equal is all respect without any discrimination unless sanctioned under the UNO Charter. The highly objectionable series statements and tweets against Pakistan’s national security and sovereignty by the United States of America, European Union and the United Kingdom are direct interference in the internal affairs a member nation of UNO. The Secretary General of United Nations and the international observer groups must not take these statements light, as it is the direct threat to Pakistan’s independence, sovereignty and existence as a nation. There is no doubt that much is to be done for transparent, fair and accountable justice in Pakistan but Military Courts should not be deprived of its due role granted by the constitution and justice system to expose the evidences which may expose security if left to civilian courts only. Let us hope strong influential nations do not put so much pressure on other governments that they are unable to maintain their sovereignty, national integrity and independence. We expect Western players to help constitutionally supported Islamic justice system to honour international law, conventions and Statues.