Court martial iniated against Faiz Hameed: what is a court martial?

WEB DESK: The Pakistan Army on Monday commenced the Field General Court Martial proceedings against former Lieutenant General Faiz Hameed, following a comprehensive court of inquiry conducted by the Army in accordance with the directives of the Supreme Court (SC) of Pakistan.

What does the term court martial mean?

In general terms, a “court-martial” is a military court or legal process conducted by the armed forces to prosecute members of the military accused of violating military laws.

What legislation governs the conduct of courts martial in Pakistan?

The Pakistan Army Act, 1952, governs the conduct of courts martial in the country.

Stages of court martial:

The procedure for a Field General Court Martial in the military consists of three stages, and if the offence is proven, a competent authority determines the punishment based on the officer’s rank.

In the first stage, a court of inquiry is conducted against the serving or retired officer under investigation. In the second stage, a ‘Summary of Evidence’ is recorded. If there is sufficient evidence and the offence is substantiated, the final stage involves initiating the Field General Court Martial.

The nature of the crime determines the type of punishment an officer may receive in the Field of General Court Martial. These punishments can range from demotion and loss of privileges to imprisonment with hard labour or even the death penalty.

How are court martial trials conducted?

The Field General Court Martial, the military court operates under the supervision of the military’s legal directorate, often called the Judge Advocate General (JAG) branch. The court is chaired by a serving military officer, while the prosecution is also conducted by a military officer.

What are the punishments under a court martial?

Court-martialed officers can receive various punishments, ranging from the death penalty to short-term imprisonment. Other possible punishments include dismissal from service, demotion, forfeiture of pay and allowances, formal reprimands, hard labour, fines, or confinement to barracks. The specific punishment is determined based on the details of the case and the discretion of the court.

Do individuals have the right to legal representation in a court martial?

Individuals tried in this court have the right to legal representation. If they cannot afford a lawyer, they can appoint a military officer to represent them.

Read more: Ex-ISI chief Faiz Hameed arrested for court martial trial

Upon conviction, defendants have the right to appeal to an army court of appeal within 40 days. If they are dissatisfied with the outcome or feel they have not received a fair trial, they can pursue further appeals in higher courts.