Salman Akram Raja invokes international laws in military courts case

ISLAMABAD: The seven-member Constitutional Bench, under Justice Aminuddin Khan resumed the hearing of civilians trials in military courts. Convicted criminal Arzam Junaid’s counsel Salman Akram Raja resumed his arguments.

Raja said that court martial cannot be conducted by abolishing the fundamental rights of civilians, adding that it is against the international requirements of a fair trial. “The trial decisions should be made public according to international laws,” Raja said, adding that the European Court’s decision also forced many countries to change the procedure of their court martial.

Justice Jamal Mandokhail asked that what would happen if international principles are not followed. To this the counsel responded, “Not following international norms means that the trial was not transparent.”

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The bench asked that what would be the result for a country where international norms are violated. Salman Akram Raja said that some international norms are mandated to be followed, while some are not. “Article 10A of transparent trial was made part of the constitution in the light of international norms,” he added.

Justice Naeem Akhtar Afghan said, “It is not written anywhere in international norms that civilians cannot be court martialed.” To this Raja said, “In the UK, courts martial are conducted by independent judges, not soldiers.”

Raja told the court that at the time of the FB Ali case, there was no principle of separation of powers in the constitution.

Raja said that earlier the Deputy Commissioner and Tehsildar used to conduct criminal trials. “It was said that if the DC can conduct criminal trials, then even a Colonel can do it. All countries submit reports on the implementation of international norms to the United Nations. The UN Human Rights Committee reviews the reports and gives its opinion.”

He added, “In the meetings of October and November last year, the military justice system of Pakistan was reviewed. The UN Human Rights Committee expressed concern over the court martial of civilians in Pakistan. According to the UN Human Rights Committee, military courts in Pakistan are not independent.” He added that the report asked the government to grant bail to those in military custody.

The European Union has given GSP place status to Pakistan, Salman Akram Raja said. He then narrated that, “a soldier named Fedley was court martialed in the UK. The European Court had declared his military trial null and void. Fedley opened fire and a TV was broken.”

Justice Muhammad Ali Mazhar asked, “Was a TV broken during the 9th May incidents as well?” Raja replied, “I met the person who broke the TV during the May 9 incidents. He has studied until fourth grade and was unemployed. What has our society given to such people?”

Justice Aminuddin told the counsel to refrain from talking about individual cases at this point. Justice Mandokhail asked Raja, “Did you also meet Fedley?”

Justice Hassan Azhar Rizvi, addressing Raja said, “You said my client used to play first-class cricket. He wasn’t playing cricket on May 9, was he?”

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The bench also asked that “Is the law under which Kulbhushan was given the right to appeal before the bench?” To this Additional Attorney General Aamir Rehman said that he can bring that case on record.

Justice Mazhar asked if the law was brought just for Kulbhushan. To this, Raja replied that spies who are allowed by the International Court of Justice (ICJ) have the right to appeal.

Justice Mandokhail said, “How many more Kulbhushans are there?”

The Additional Attorney General replied that the classification was allowed in FB Ali case too.

Raja replied, “Thousands of people can be tried in the anti-terrorism courts, so why not these 105?”

After completion of Salman Akram Raja’s comments, the Constitutional Bench adjourned the hearing until tomorrow.