HRW opposes amendments to the Army Act

WASHINGTON: The Human Right Watch has urged the Pakistani government to withdraw amendments to the Army Act “which give wide-ranging powers to the military, including the power to arrest, detain and try any civilian.”

According to a press release issued on Wednesday, “Under the amendment to the 1952 Army Act, the military can now try civilians for a wide range of offenses previously under the purview of the country’s judiciary. These include offenses punishable under: the Explosive Substances Act, 1908; Prejudicial conduct under the Security of Pakistan Act, 1952; the Pakistan Arms Ordinance, 1965; the Prevention of Anti-National Activities Act, 1974; the Anti-terrorism Act, 1997; and several sections of the Pakistan Penal Code. For example, civilians can be tried in military courts for acts of treason, sedition and less specific offenses such as “giving statements conducive to public mischief.”

Moreover, trials of civilians conducted by special military courts under the amended law will not be public, investigations will be conducted by military officers, and rules of evidence and procedures laid out for constitutional trials will not apply.

The amendment will take effect retrospectively from January 2003, in effect sanctioning impunity of the army for detaining and “disappearing” people.