The International Commission
of Jurists (ICJ), an international human rights watchdog with eminent jurists
and legal experts as its members from all over the world, has slammed Pakistan
for failing to meet its obligations under the International Covenant on Civil
and Political Rights (ICCPR) which the country ratified in 2010.
According to the ICJ, this is
the first time that the UN Human Rights Committee, an independent body of
experts that is mandated to monitor ICCPR's implementation, has reviewed
Pakistan's human rights track record since it became signatory in 2010. The
review was done on July 11-12 and its recommendations were released yesterday.
Though the recommendations
don't make a direct reference to Kulbhushan Jadhav, an Indian national who has
been given death sentence by one of Pakistan's military courts, it can be said
that the issue was on the discussion table while carrying out a review of human
rights in Pakistan.
Pakistan's military courts
have been decried by every global human rights body and they gained further
global infamy with the ongoing hearing in the Kulbhushan Jadhav case in the
International Court of Justice. India has appealed against Pakistan in the
International Court of Justice which has stayed Jadhav's hanging till its final
decision.
Jadhav was abducted by
Taliban from Iran's border areas while on a business trip and was reportedly
sold to Pakistan's intelligence agencies. The government of Pakistan and its
army made him, a retired Indian Navy officer, a part of their anti-India
propaganda by declaring him a spy, tried him in secrecy in Pakistan's military
courts, denying every Indian request for consular access to him, and passed a
judgment to hang him.
Among the recommendations
made, there are specific strictures asking Pakistan to reform its military
courts, "and bring them into full conformity with Articles 14 and 15 of
the Covenant to ensure a fair trial". Articles 14 and 15 of the ICCPR deal
with ensuring transparency in legal proceeding in criminal matters which among
other guidelines, require the state to provide the accused counsel of his own
choosing and forbids the state from taking his forced confession.
The ICCPR does provide a
provision for a private hearing but it specifically says that "any
judgement rendered in a criminal case or in a suit at law shall be made public
except where the interest of juvenile persons otherwise requires or the
proceedings concern matrimonial disputes or the guardianship of children."
UN HUMAN RIGHTS COMMITTEE
ASKS PAKISTAN TO REFORM MILITARY COURTS
The UN Human Rights Committee
has asked Pakistan to reform its military courts as per the provisions of the
Articles 14 and 15 of the ICCPR. It is necessary for every signatory of the
ICCPR to implement the treaty and submit an implementation report on every
provision. Though Pakistan had submitted its report in 2015, the review was
carried out this month only, listing all the prevailing concerns regarding
human rights' violations in Pakistan with inputs from other sources.
The UN committee's
recommendations also ask Pakistan to "review legislation relating to the
military courts with a view to abrogating their jurisdiction over civilians as
well as their authority to impose the death penalty." Kulbhushan Jadhav
has been given death sentence under Section 59 of the Pakistan Army Act which
is defined as "the Section for Civil Offences" and gives Pakistan's
military courts power to award capital punishments in the garb of national
security.
The ICJ release, quoting
Livio Zilli, its Senior Legal Adviser and UN Representative, says, "It is
deeply worrying that since ratifying the ICCPR, Pakistan's human rights
situation has worsened in a number of aspects, including with the restoration
of the death penalty and the introduction of military trials for
civilians."
PAKISTAN'S MILITARY COURTS
Pakistan had established
military courts in 2015 with a constitutional amendment to try people for
terrorism and related offences committed in civilian areas after the December
2015 Peshawar school massacre and in March 2017 its parliament voted for
another two years extension to them.
Since their establishment,
the military courts have an absolute record of convictions with no acquittals.
According to the Pakistan's military, the military courts have convicted 274
people in last two years, 161 of them being sentenced to death and 113 to
varying prison terms.
KULBHUSHAN JADHAV'S CASE
On April 10, the Pakistan
Army chief confirmed Kulbhushan Jadhav's death sentence given by a Pakistani
military court that held Jadhav guilty of espionage. Pakistan claims Jadhav,
who allegedly used the alias Hussein Mubarak Patel in Pakistan, was attached to
the Research and Analysis Wing (RAW). Pakistan made Jadhav's arrest public in
March 2016.
India has maintained that
Jadhav is innocent and there is no evidence against him and that Pakistsan
carried out a sham, secret trial in a military court where no information on
charges and evidence was given. India has warned Pakistan of 'dire
consequences' equalling Jadhav's death sentence with pre-meditated murder.
©SantoshChaubey
