Pakistan’s military courts have sentenced 60 civilians to prison terms ranging from two to ten years for their roles in violent protests and attacks on military installations during nationwide riots on May 9, 2023. This marks the second phase of sentencing related to the disturbances, which followed the arrest of former Prime Minister Imran Khan.

Key Takeaways from the Sentencing

• Total Sentences: 85 civilians sentenced, subject to the final verdict of the Supreme Court (SC).
• Notable Conviction: Imran Khan’s nephew, Hassaan Niazi, received a 10-year sentence for his involvement in the attack on Jinnah House in Lahore.
• Appeals: All convicted individuals retain the right to appeal and pursue other legal recourses.
• Military Court Rulings: The trials of individuals involved in the May 9 riots were completed following due legal processes, ensuring that all constitutional rights were upheld, as per the military’s statement.

Details of the Sentencing

The sentences, announced by the Inter-Services Public Relations (ISPR), come after an earlier announcement of 25 convictions last week. The individuals were convicted for their involvement in violent acts, including the vandalism of military installations and government buildings.

• Imran Khan’s Nephew: Hassaan Khan Niazi was handed a 10-year sentence for his involvement in the attack on Jinnah House (Lahore Corps Commander’s residence).
• Other Notable Sentences: Several other individuals were sentenced to 9 years for their roles in the Bannu Cantt incident and the attack on military facilities like the PAF Base Mianwali and GHQ Rawalpindi.
• Prison Terms: Sentences varied from two to ten years, with 20 individuals receiving two-year sentences for lesser involvement.

Legal Process and Appeal Rights

The military stated that the trials were conducted in accordance with constitutional and legal guarantees, and that all convicts had the right to appeal. This is a critical element of the ongoing judicial process, as the sentencing is subject to final approval by the Supreme Court. According to the Supreme Court’s decision, these sentences would be executed with the understanding that appeals are ongoing and may influence the final verdict.

Context of the May 9 Riots

The May 9 riots erupted in response to the brief arrest of Imran Khan, the leader of the Pakistan Tehreek-e-Insaf (PTI) party. Following his arrest, violent protests spread throughout Pakistan, with protesters attacking military installations, including the Jinnah House, General Headquarters (GHQ) in Rawalpindi, and the PAF Base in Mianwali. These protests led to at least 10 deaths, hundreds of injuries, and widespread damage to public and military property.

In total, the riots resulted in damages estimated at Rs 2.5 billion, with the military bearing the brunt of the losses at approximately Rs 1.98 billion.

Military Court Trials Under Scrutiny

The use of military courts to try civilians has been controversial, both domestically and internationally. While the Pakistani government maintains that the trials were fair, opposition parties and human rights organizations have criticized the use of military tribunals, citing concerns about the right to a fair trial and judicial independence.

• Legal Experts: Lawyers have questioned the speed and transparency of the military court proceedings, raising concerns about the legitimacy of trials conducted in such a closed environment.
• International Reactions: The United States, the United Kingdom, and the European Union have expressed concerns about the use of military courts for civilian trials, emphasizing that such practices may violate international law, particularly the right to a fair and open trial.

Government and Military Officials Respond

• Information Minister’s Remarks: In response to the verdicts, Attaullah Tarar, Pakistan’s Information Minister, defended the military court convictions, stating that the punishments were a necessary step for maintaining law and order. He emphasized that the trials were carried out under the framework of constitutional law and international agreements. According to Tarar, these convictions brought peace to the families of the country’s martyrs and restored justice.
• Minister’s Statement: “The nation, government, and the armed forces remain steadfast in their commitment to upholding justice and ensuring that the inviolable writ of the state is maintained,” Tarar remarked. He also stressed that those convicted were not only tried based on video evidence but also on technical evidence, further bolstering the credibility of the trials.

Opposition Leaders Criticize Military Trials

• Imran Khan’s Statement: Imran Khan, leader of the PTI, took to X (formerly Twitter) to express his concerns about the fairness of the trials. He emphasized that the trials should have been conducted in an open court, with video footage of the May 9 events provided as evidence. He described military court trials as an infringement on citizens’ fundamental rights and a violation of the principles of transparency and due process.
• Legal Experts’ Criticism: Lawyers such as Ayman Zafar and Ahmad Maudood Ausaf criticized the military trials as a breach of constitutional guarantees, especially given the swift judgments and lack of public scrutiny. They raised concerns about the potential for injustice in a system where military officers, rather than civilian judges, determine the guilt or innocence of individuals.

Conclusion: Ongoing Legal and Political Implications

The military trials and the subsequent sentencing of civilians involved in the May 9 riots have sparked a heated debate about the balance between national security and civil liberties. While the government and military maintain that these trials are essential for ensuring justice and national stability, critics argue that such proceedings undermine the principles of a fair trial and judicial independence.

As the Supreme Court reviews the cases and the rights of the convicted to appeal, it will be important to monitor how Pakistan’s legal system addresses these concerns, and whether the decisions of military courts can stand up to constitutional scrutiny. The international community also watches closely, as the case could have broader implications for Pakistan’s adherence to democratic principles and human rights.

The saga of May 9 continues to resonate deeply in Pakistan’s political and legal landscape, with lasting consequences for both the ruling government and opposition parties.