The United States, the United Kingdom and the European Union condemn the conviction of civilians in Pakistan. Why This Matters | political news

Islamabad, Pakistan The recent sentencing of 25 civilians by a Pakistani military court drew sharp criticism from the United States. The United States criticized the proceedings as lacking judicial independence, transparency and due process guarantees.

The United States is concerned about Pakistani civilians being sentenced by military tribunals and urges Pakistani authorities to respect their rights to a fair trial and due process, State Department spokesman Matthew Miller said at X on Monday.

The US statement follows similar concerns raised by Britain and the European Union, which have expressed doubts about the use of military courts to try civilians.

The EU was one of the first to react to the military court ruling on December 21, issuing a statement the following day expressing concerns about the sentence and saying the ruling was consistent with Pakistan's obligations under the International Covenant on Civil and Political Rights (ICCPR). He added that it appears that they are not doing so. ).

The EU also highlighted Pakistan's beneficiary status under the Generalized Scheme of Preferences Plus (GSP+), which allows Pakistani exports to enter European markets without tariffs. This jeopardizes the condition.

So why did Pakistan punish civilians through military courts, how did Islamabad respond to criticism from the US, UK and EU, and what are the next steps in Pakistan's relations with the West?

What was the military trial about?

The latest military trial stems from nationwide riots that followed the arrest of former Prime Minister Imran Khan in Islamabad on May 9 last year.

Khan Pakistan Tehreek-e-Insaf (PTI) supporters targeted and burned government buildings, monuments and military installations, including the army headquarters in Rawalpindi and the residence of a senior military official in Lahore.

Khan was released 48 hours after the Supreme Court ruling, but thousands of PTI workers were arrested on charges of violence. Of these, 105 were referred to military courts. In April of this year, 20 people sentenced to less than three years were released, while 85 people are still detained.

On December 21, the military announced that 25 people had been found guilty and at least 14 had been sentenced to 10 years in prison.

The military defended the proceedings, saying they followed legal procedures and guaranteed the defendants' legal rights.

Last month, the United Nations Human Rights Committee urged Pakistan's government to review legislation on military courts and withdraw their jurisdiction over civilians.

How has Pakistan responded to the criticism?

Earlier this week, Pakistan's Foreign Ministry responded to the EU's comments. Spokesperson Mumtaz Zahra Baloch said the government was reviewing the statement but indicated that Pakistan's constitution and judicial system do not allow foreign entities to determine domestic political and legal decisions.

On Tuesday, the Ministry of Foreign Affairs issued a more detailed statement asserting that Pakistan's legal system ensures the promotion and protection of human rights and fundamental freedoms and is consistent with international human rights law, including the provisions of the ICCPR.

We will continue to work with our international partners, including the European Union, to ensure compliance with international human rights law without any discrimination or double standards, the statement said.

What is GSP+ status and how does it relate to military courts?

GSP+ is a program run by the EU to encourage partner countries to improve governance standards and focus on sustainable development by providing them with preferential trade access.

Countries granted status under the EU's GSP+ must comply with and effectively implement 27 international key conventions, including the ICCPR, to continue to benefit from GSP+ status.

The agreements are non-economic in nature and focus on issues such as human rights, labor rights, environment and good governance.

Pakistan is one of the eight countries enjoying GSP+ benefits, the main benefit of which is duty-free access to European markets. Bolivia, Cape Verde, Kyrgyzstan, Mongolia, Philippines, Sri Lanka and Uzbekistan are other countries collaborating with the EU under the GSP+ initiative.

In its statement on the Pakistan judgment, the EU said that under the ICCPR, people are entitled to a fair and public trial by an independent and impartial tribunal with appropriate legal representation.

Pakistan's government claims its constitution allows civilians to be tried in military courts, a practice that continued from 2018 to 2022 when Khan was prime minister.

However, military trials are often criticized for their secrecy and limited transparency. Although defendants are entitled to legal representation, these courts lack the public scrutiny that is characteristic of civil trials.

Former Secretary of State Harun Sharif warned that non-compliance with non-economic commitments could harm Pakistan's economic interests.

Such agreements are tools for political negotiations. He told Al Jazeera that when a country's politics are divided, it affects its economic outcomes and causes serious problems.

Could Pakistan's exports take a hit?

PTI sees the military trial as part of a broader two-year crackdown on the party since Khan was ousted in a parliamentary vote of no confidence in April 2022.

The PTI leader was arrested again in August 2023 and remains jailed on charges including sedition and terrorism related to the May 9 riots, among dozens of cases against him. The military denies claims that it targeted PTI.

Former Prime Minister Shahid Khaqan Abbasi also questioned the decision to try civilians in military courts, arguing that the trial provided grounds for criticism of international organizations.

The government could have used anti-terrorism courts or other civilian courts to ensure transparency. Military trials are constitutional but conflict with fundamental rights, he told Al Jazeera.

Former Finance Minister Miftah Ismail also described military tribunals as outdated and urged the government to work diplomatically with the US, UK and EU to explain the rationale for their use in this case.

GSP+ status is very important as it allows duty-free access to European markets. He told Al Jazeera that losing this status could lead to a 20-30% decline in Pakistan's exports.

Pakistan is the biggest beneficiary of GSP+, with more than 78% of its exports to Europe, worth nearly 4 billion euros ($4.2 billion), exempt from tariffs, according to 2023 EU figures. Textiles and clothing accounted for 73% of total exports.

Sharif, who is also chairman of Pakistan's Board of Investment (BoI), said Pakistan's economic managers should be aware that EU countries, as well as Britain and the United States, have great influence on International Monetary Conference decisions. Fund (IMF) providing lifeline $7 billion loan to Pakistan.

Pakistan is isolating itself by not cooperating with the international community and its institutions, making transactions costly due to ongoing domestic political wrangling, he said.

Countries must find ways to reduce the intensity of this unstable political environment, create space for themselves based on their professional outlook, and connect with global institutions. Otherwise, Sharif said, incompetence could cause a market shock.

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