US, UK, EU Condemn Pakistan's Civilian Sentences: Why It Matters | Politics News

Islamabad, Pakistan – The recent conviction of 25 civilians by a military court in Pakistan drew sharp criticism from the United States, which accused the proceedings of lacking “judicial independence, transparency and fair trial guarantees.”

“The United States is concerned about the conviction of Pakistani civilians in a military tribunal and urges the Pakistani authorities to respect the right to a fair trial and a fair trial,” State Department spokesman Matthew Miller said to X on Monday.

This US statement follows similar concerns expressed by the United Kingdom and the European Union (EU), which have also questioned the use of military courts to try civilians.

The EU was the first to react to The judgments of the military court of December 21issuing a statement the next day expressing “concern” about the sentence and adding that the sentences appeared “inconsistent with the obligations Pakistan has undertaken under the International Covenant on Civil and Political Rights” (ICCPR).

The EU also highlighted Pakistan's beneficiary status under the Generalized Scheme of Preferences Plus (GSP+), which allows Pakistani exports to enter European markets duty-free – a reference that was seen as a subtle warning that perceived non-compliance with international human rights obligations the person can endanger this condition.

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

What were the military trials about?

The recent military trials stemmed from national uprisings that followed Arrested on May 9 of former Prime Minister Imran Khan in Islamabad last year.

Supporters of Khan's Pakistan Tehreek-e-Insaf (PTI) party targeted government buildings, monuments and military installations, including the army headquarters in Rawalpindi and the residence of a senior military official in Lahore, which was set on fire.

Khan was released within 48 hours of a Supreme Court ruling, but thousands of PTI workers were arrested for the violence. Of these, 105 were handed over to military courts. In April this year, 20 people with sentences of less than three years were released, while 85 remained in custody.

On December 21, the military announced that 25 people had been convicted, with at least 14 receiving sentences of 10 years in prison.

The military defended the proceedings, saying it followed due process and guaranteed the accused's legal rights.

Last month, the UN Human Rights Committee called on the Pakistani government to review the law on military courts and revoke their jurisdiction over civilians.

How did Pakistan respond to the criticism?

Earlier in the week, Pakistan's Ministry of Foreign Affairs responded to the EU's comments. Spokesperson Mumtaz Zahra Baloch said the government was reviewing the statement, but pointed out that Pakistan's constitution and judiciary, not a foreign legal entity, would determine domestic political and legal decisions.

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

“We will continue to engage with our international partners, including the European Union, to comply with international human rights laws without any discrimination and double standards,” the statement said.

What is GSP+ status and what does it have to do with military courts?

GSP+ is a program run by the EU to incentivize partner nations to improve governance standards and focus on sustainable development by offering them preferential trade access.

Under the EU's GSP+, countries granted status must adhere to and “effectively implement” 27 core international conventions – including the ICCPR – to continue to benefit from GSP+ status.

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

Pakistan is one of the eight countries that enjoy the benefits of GSP+, chief among them being duty-free access to European markets. Bolivia, Cape Verde, Kyrgyzstan, Mongolia, the Philippines, Sri Lanka and Uzbekistan are the other countries with which the EU partners under the GSP+ initiative.

In its statement on the verdict against Pakistan, the EU said that under the ICCPR, people have the right to a fair and public trial before an independent and impartial tribunal with appropriate legal representation.

Pakistan's government maintains that its constitution allows civilians to be tried in military courts, a practice maintained even during Khan's tenure as prime minister between 2018 and 2018. and 2022

However, military trials are often criticized for their secrecy and limited transparency. Although defendants have the right to legal representation, these courts lack the public scrutiny typical of civil trials.

Haroon Sharif, a former minister of state, warned that failure to honor non-economic commitments could harm Pakistan's economic interests.

“Such agreements are political bargaining tools. When a country's politics is fragmented, it affects economic performance and creates serious challenges,” he told Al Jazeera.

Could Pakistan's exports suffer?

The PTI considers the military trials part of a larger two-year crackdown on the party since Khan was ousted in a parliamentary no-confidence vote in April 2022.

The PTI leader was arrested again in August 2023. and remains in jail on charges including sedition and terrorism related to the May 9 riots, among dozens of other cases against him. The military denies allegations of targeting the PTI.

Former Prime Minister Shahid Khaqan Abbasi also questioned the decision to try civilians in military courts, saying the trials gave international bodies grounds for criticism.

“The government could have used the anti-terrorist or other civilian courts, ensuring transparency.” Military trials, although constitutional, conflict with fundamental rights,” he told Al Jazeera.

Former finance minister Miftah Ismail also described military trials as “archaic” and called on the government to engage diplomatically with the US, UK and EU to explain the rationale for its use in this case.

“GSP+ status is critical as it allows duty-free access to European markets. Losing this status could reduce Pakistan's exports by 20 to 30 percent,” he told Al Jazeera.

In 2023 EU data showed Pakistan was the biggest beneficiary under GSP+, with more than 78 percent of its exports to Europe – valued at nearly €4 billion ($4.2 billion) – entering duty-free. Textiles and clothing accounted for 73 percent of these exports.

Sharif, who was also chairman of Pakistan's Board of Investment (BoI), says the country's economic managers should be aware of the fact that EU countries, as well as the UK and US, have a large influence on decisions at the International Monetary Fund Fund (IMF) that provides Pakistan with a lifeline – $7 billion loan.

“Pakistan is isolating itself by not engaging with the global community and their institutions, and this has high transaction costs due to our ongoing internal political disputes,” he said.

“The country must reduce the intensity of this volatile political landscape and must create a space for itself with a professional perspective and find a way to engage with global institutions.” Otherwise, incompetence can lead to market shocks,” Sharif said.