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Trial and Treatment of Political Prisoners Convicted by Special Military Courts in Pakistan

NCJ Number
102517
Date Published
1985
Length
58 pages
Annotation
This report describes the trials and treatment of over 130 prisoners convicted by special military courts of political or politically motivated crimes and currently imprisoned in Pakistan, contending that these individuals were deprived of the right to a fair trial and have no opportunity to seek legal redress by appealing to a higher tribunal.
Abstract
Following a summary of Amnesty International's concerns regarding Pakistan's criminal justice processes and practices, a brief political history focuses on the regime of General Zia-ul-Haq. The report describes several political cases tried under President's Order No. 4 of 1982, which stipulates that proceedings are held in camera and parties are subject to prosecution if they disclose any information about the proceedings without authorization. A memorandum submitted to the Pakistan Government by Amnesty International in June 1985 analyzes procedures of special military courts established after the 1977 imposition of martial law and provisions of Order No. 4. Because an important safeguard for the accused in any legal proceeding is the right not to be compelled to testify against oneself, the memorandum provides cases studies which describe the pretrial custody of some prisoners and reports of the use of torture. It concludes that the military courts are neither independent nor impartial and submits corrective recommendations. Texts of the relevant laws and case studies are appended.