HRCP opposes trial of May 9 protesters under army laws

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Web Desk, May 17, 2023: The Human Rights Commission of Pakistan (HRCP) strongly opposed the decision to try May 9 miscreants under the Pakistan Army Act 1952 and Official Secrets Act 1923.

The HRCP tweeted on Wednesday that “due process” should be followed while trying them.

“HRCP strongly opposes the use of the Pakistan Army Act 1952 and Official Secrets Act 1923 to try civilians. While those responsible for arson and damaging public and private property during the recent protests should be held to account, they remain entitled to due process,” the rights body tweeted.

In another tweet, it also mentioned that “all those civilians tried under these acts in the past should also have their cases transferred to civil courts.”

HRCP strongly opposes the use of the Pakistan Army Act 1952 and Official Secrets Act 1923 to try civilians. While those responsible for arson and damaging public and private property during the recent protests should be held to account, they remain entitled to due process. 1/2

— Human Rights Commission of Pakistan (@HRCP87) May 16, 2023
Army’s media wing Inter-Services Public Relations (ISPR) issued a statement on Monday that the military decided to try vandals under the military’s acts.

The PTI workers resorted to violent protest after the arrest of party chief Imran Khan last week and attacked public property and military installations in different cities.

In a special Corps Commanders Conference held at the General Headquarters with Chief of Army Staff (COAS) General Asim Munir in the chair, it was decided to try protesters and their abettors under relevant laws, including the Pakistan Army Act and the Official Secrets Act.

Amnesty International

The global human rights watchdog, Amnesty International, has sharply criticised Pakistan for announcing plans to use military laws to prosecute those responsible for arson during recent protests sparked by the arrest of former Prime Minister Imran Khan.

In a statement on Tuesday, Amnesty International described the controversial move as alarming and contrary to international law, and demanded it be struck down immediately.

“This is purely an intimidation tactic designed to crack down on dissent by exercising fear of an institution that has never been held to account for its overreach,” said Dinushika Dissanayake, Amnesty International’s deputy regional director for South Asia, referring to the all-powerful Pakistani military.

The violence prompted the military to announce on Monday it had collected “irrefutable evidence” about culprits involved in “these heinous crimes” and vowed to prosecute them under military and anti-espionage laws. The laws provide for the administration of military justice, including the trial and punishment of army personnel.

“Amnesty International has documented a catalog of human rights violations stemming from trying civilians in military courts in Pakistan, including flagrant disregard for due process, lack of transparency, coerced confessions, and executions after grossly unfair trials,” the global watchdog said.

Meanwhile, the HRCP criticised the police action against the PTI, saying it “was deeply concerned about reports of random arrests and cases filed arbitrarily against PTI workers across Pakistan.”

The rights defender stressed the need for making a distinction “between those resorting to violence and nonviolent political workers.”