The United States and the United Kingdom have expressed concerns over Pakistan’s decision to try civilians in military courts in relation to the May 9, 2023, protests, citing issues of transparency and fairness.
The US State Department has criticized the lack of judicial independence, transparency, and due process in military tribunals. A spokesperson emphasized the importance of upholding the rule of law and fundamental rights, stating, “Military courts lack judicial independence, transparency, and due process guarantees.” The United States urged Pakistan to ensure that civilians receive fair trials, as stipulated by the country’s constitution. “The United States continues to call on Pakistani authorities to respect the right to a fair trial and due process, as enshrined in Pakistan’s constitution,” the spokesperson added.
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Similarly, the UK Foreign, Commonwealth & Development Office (FCDO) stressed that while it respects Pakistan’s sovereignty, using military courts to try civilians undermines fundamental rights. “Trying civilians in military courts lacks transparency, independent scrutiny, and undermines the right to a fair trial,” a spokesperson for the FCDO said. The UK also urged Pakistan to uphold its obligations under the International Covenant on Civil and Political Rights (ICCPR), which guarantees civil and political freedoms, including the right to a fair trial.
These remarks come amid growing criticism from human rights organizations and legal experts, who argue that military trials for non-military cases violate principles of judicial independence and due process. On December 21, 2023, military courts sentenced 25 civilians to prison terms ranging from two to 10 years for their involvement in violent attacks on military installations during the riots on May 9, 2023.
The European Union (EU) also voiced concerns over the verdicts, stating that the sentences conflict with Pakistan’s obligations under the ICCPR. The European External Action Service (EEAS) issued a statement, noting that the handling of these cases by military courts was inconsistent with Pakistan’s commitment to ensuring fair and public trials.
The unrest began on May 9, 2023, following the arrest of PTI founder and former Prime Minister Imran Khan at the Islamabad High Court. Riots broke out across Pakistan, and the government responded with a crackdown on PTI members and supporters. Military courts later convicted 25 individuals for their involvement in violent attacks on military sites, including the Jinnah House, the Rawalpindi General Headquarters, and the Punjab Regimental Center.
