ISLAMABAD:
The European Union (EU) on Sunday expressed concern over the conviction of 25 civilians after a military court found them guilty of attacking military installations, insisting that the verdict was inconsistent with Pakistan’s commitments to ensure a “fair and public” for each person.
“The European Union notes with concern the conviction of twenty-five civilians by a military court on December 21 in Pakistan,” reads a statement issued by the European External Action Service (EEAS) in Brussels.
The EU’s reaction came after military courts sentenced 25 civilians to prison terms of between two and ten years for attacking military installations during unrest that broke out following the arrest of former Prime Minister Imran Khan in May last year.
In a detailed statement, the army said that on May 9 the nation witnessed tragic incidents of “violence and politically arson at multiple locations, marking a dark chapter in Pakistan’s history” when, based on a sustained narrative of hate and lies, Politically orchestrated attacks were carried out against army installations and monuments of martyrs.
“These blatant acts of violence not only shocked the nation but also underscored the need to stop this unacceptable attempt by political terrorism to impose its own perverted will through violence and coercion,” he said.
According to the statement, a general field court-martial convicted 25 people in the first phase, following a thorough review of the evidence and completion of appropriate legal procedures.
However, the EU expressed concern about the military courts’ verdicts.
“These verdicts are considered incompatible with the obligations that Pakistan has undertaken under the International Covenant on Civil and Political Rights (ICCPR),” the statement added.
“In accordance with article 14 of the International Covenant on Civil and Political Rights, everyone has the right to a fair and public trial before an independent, impartial and competent tribunal, and has the right to adequate and effective legal representation. It also stipulates that any sentence handed down in court The criminal case will be made public,” the statement added.
He also noted that under the EU’s Generalized Scheme of Preferences Plus (GSP+), beneficiary countries, including Pakistan, have voluntarily agreed to effectively implement 27 core international conventions, including the ICCPR, to continue benefiting from the GSP+ status.
The GSP+ provides wide-ranging tariff preferences for imports into the EU from vulnerable developing countries to support poverty eradication, sustainable development and their participation in the global economy, as well as strengthening good governance.
Eligible countries, such as Pakistan, can export goods to the EU market with zero duties for 66% of tariff lines.
This preferential status is conditional on GSP+ countries demonstrating tangible progress in the implementation of 27 international conventions on human and labor rights, environmental protection, climate change and good governance.
The GSP+ has been very beneficial for Pakistani companies, which have increased their exports to the EU market by 65% since the country joined the GSP+ in 2014.
With more than 440 million consumers, the European single market is Pakistan’s most important destination. Pakistan exports €5.4 billion (approximately Rs 1.2 trillion) namely garments, bedding, towels, hosiery, leather, sports and surgical goods.
Legal implications
Meanwhile, the legal community has expressed concern about the implications of Pakistan’s failure to comply with international legal obligations, particularly with regard to decisions by military courts to sentence civilians.
Former Additional Solicitor General Tariq Mahmood Khokhar said the rule of law, a constitutional principle globally and in Pakistan, requires the State to comply with national and international laws.
Khokhar highlighted that Pakistan is a signatory to the International Covenant on Civil and Political Rights, Article 14 of which guarantees the right to a “fair and public hearing by a competent, independent and impartial tribunal.”
“Article 10A of our Constitution guarantees the fundamental right to a fair trial. The International Commission of Jurists is consistently of the opinion that Article 14 prohibits the trial of civilians in military courts. Our national jurisprudence also prohibits the trial of civilians in military courts,” , he pointed out.
Khokhar further stated that the December 21 convictions and sentences of 25 civilians by military courts violate Pakistan’s obligations under international and domestic law. “The consequences will be dire, both nationally and internationally,” he warned.
He explained the possible economic consequences and stated: “Failure to comply with Article 14 and lack of good governance (read lack of democracy, rule of law, independent judiciary, free press, human rights, etc.) constitute valid grounds for suspension.” . of Pakistan’s GSP+ status, that would mean a ban on exports to our largest trading partner.
“Our unrepresentative federal and provincial governments and legislatures, our dysfunctional law enforcement institutions and agencies, our controlled judiciary, and our muffled media already lack public legitimacy. The decisions of December 21 will bring more pessimism.”
Faisal Siddiqi, who represented members of civil society in the military courts case, described the convictions as a “tragic reminder of the dark days of the usurper and former military dictator General Ziaul Haq.”
“These 10-year sentences are especially shocking as they violate the commitment and assurance given by the Attorney General of Pakistan to the Supreme Court that no further sentences would be imposed, as stated in the order of June 27, 2023 and the detailed judgment dated 23.10.2023,” Siddiqi noted.
“Such violation of an undertaking falls within the ambit of contempt of court,” he added.
(With additional contributions from Hasnaat Malik)
