A Pakistani law allowing military courts to try civilians on terror charges has expired. It's unclear if the government will extend the law, after criticism of the courts' legality and of their failure to curb terrorism.
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The controversial tribunals have hanged 12 people and ordered the execution of 149 more since they came into force after the deadly Taliban attack on a Peshawar school in December 2014 that killed more than 150 people, mostly children.
The country's powerful military intensified its crackdown on extremists following the Peshawar massacre, as the civilian government introduced a National Action Plan (NAP) that included the creation of the military courts, which were allowed to try civilians on terror charges.
The South Asian country's parliament and Supreme Court approved the law as an "exceptional" short-term measure, but it was heavily criticized by Pakistan's civil society as "extra-constitutional."
Rights activists also say the courts failed to achieve the target they had set for themselves - the eradication of terror. In addition, they say, no efforts have been made to reform the civilian judicial system to speed up terror trials.
"The lapse of the jurisdiction of military courts over civilians is a step in the right direction, but unsurprisingly, there is no sign of the promised reforms to strengthen the ordinary criminal justice system to effectively handle terrorism-related cases," said Sam Zarifi, Asia Director of the International Commission of Jurists (ICJ).
"The Pakistani government must not re-enact legislation to continue secret military trials of civilians, nor resort to more short-term, short-sighted security measures that are contrary to human rights protection," Zarifi added.
Analyst Imtiaz Gul told the AFP news agency it was unlikely that Prime Minister Nawaz Sharif's government would extend the courts that have been an "embarrassment" for the country.
Citing military sources, the ICJ said the military courts had convicted 274 people since January 2015, of which 161 were sentenced to death, adding that many details about the convictions had not been made public by the military.
A solution or a problem?
Despite the criticism, the military courts enjoyed considerable public support in Pakistan, as the civilian courts have failed to deal with terrorism-related cases.
In a number of instances, the civilian courts' judges were openly threatened by Islamic militant groups such as the Taliban and the Lashkar-e-Taiba. A number of lawyers have been killed for prosecuting the extremists, and many judges have fled the country after receiving death threats. In Pakistan, it is not easy to proceed against Islamists; in the past, liberal politicians were killed for speaking against controversial blasphemy laws and in favor of secular legislation. The perpetrators of these crimes have still not been brought to justice.
But rights activists say that did not justify the military's involvement in civilian judicial matters. The Pakistani military already has more say in domestic and foreign policy matters than the civilian government.
The powerful military of the South Asian nation has been receiving billions of dollars from Western nations for more than a decade to eradicate terrorism from Pakistani soil. This includes seven of the nine years of former military dictator Pervez Musharraf's iron-fisted rule from 1999 to 2008. Activists ask why the supporters of the military courts think they could solve the issue if the military could not rein in Islamists back then.
The chairperson of Pakistan's Human Rights Commission (HRCP), Zohra Yusuf, blamed political leaders for not taking advantage of the consensus against Islamist militancy and surrendering their powers to the army. "It is unfortunate that the nationwide resolve against the Taliban and other extremist groups did not translate into political action. It remained a military affair," Yusuf told DW after the Peshawar attack.
In a 2015 report, the International Crisis Group (ICG) criticized Pakistan's counterterrorism measures.
The National Action Plan introduced after the Taliban attack in Peshawar had given the army a dominance in security affairs that in a democratic setup should have belonged to Prime Minister Nawaz Sharif's government, the report said.
"The militarization of counterterrorism policy puts at risk Pakistan's evolution toward greater civilian rule, which is itself a necessary but not sufficient condition to stabilize the democratic transition," the report released on July 22 underlines. "The NAP looks far more like a hastily-conceived wish list devised for public consumption during a moment of crisis than a coherent strategy," it added.
The ICG paper advises Prime Minister Sharif to take matters into his own hands and democratize the anti-terrorism strategy "in order to replace an overly militarized response with a revamped, intelligence-guided counterterrorism strategy, led by civilian law enforcement agencies, particularly the police."
Pakistan: A decade of deadly terrorist attacks
Radical groups have killed thousands of people since Pakistan joined the United States and its allies in a war against terror in 2001. Here is a look at some of the major terrorist attacks in Pakistan in the last decade.
Image: Getty Images/AFP/B. Khan
2007 - Twin blasts rock Karachi on former PM’s return
Two bomb blasts struck former Prime Minister Benazir Bhutto’s motorcade on October 18, 2007 in the southern port city of Karachi. Bhutto was returning to Pakistan after almost eight years. The attack left 139 people dead. Bhutto, the first democratically elected female head of an Islamic country, died in an attack two months later, on December 27 in the northern city of Rawalpindi.
Image: picture-alliance/dpa/N. Khawer
2008 - Wah bombing
The Wah bombing was a double suicide attack on the Pakistan Ordinance Factories (POF) in Wah on August 21, 2008. At least 64 people died in the attack, which remains to date the deadliest on a military site in Pakistan's history. A spokesman from Tehreek-e-Taliban Pakistan (TTP) claimed responsibility for the attack.
Image: Getty Images/AFP/B. Khan
2008 - Insurgents target luxury hotel in the capital
At least 60 people died and over 200 were injured when a truck filled with explosives detonated in front of the Marriot Hotel on September 20, 2008, in the Pakistani capital Islamabad. Five foreign nationals were among the casualties, while another 15 were injured.
Image: picture-alliance/dpa/O. Matthys
2009 - Peshawar bombing
A car bomb was detonated in Mina Bazar (a market for women and children) in the northwestern Pakistani city of Peshawar. The bomb killed 125 people and injured more than 200 others. The Pakistani government put the blame on the Taliban, but both Taliban and al-Qaida denied involvement in the attack.
Image: Getty Images/AFP/A Majeed
2009 - Market in Lahore targeted
The December 2009 Lahore attacks were a series of two bomb blasts and a shooting which occurred in a crowded market in the country’s second largest city of Lahore on December 7. At least 66 people were killed. Most of the victims were women.
Image: DW/T.Shahzad
2010 - Suicide bomber targets volleyball match
A suicide car bomb killed 101 people at a village volleyball game in the northwestern district of Bannu.
Image: Getty Images/AFP/N. Azam
2010 - Lahore Massacre
The May 2010 Lahore attacks also referred to as the Lahore Massacre occurred on May 28, 2010, during Friday prayers. 82 people were killed in simultaneous attacks against two mosques of the Ahmadi minority. Tehreek-e-Taliban Pakistan (TTP) claimed responsibility for the attacks.
Image: Getty Images/N. Ijaz
2010 – Bomber targets market in tribal area
A suicide bomber killed 105 people in a busy market in the northwestern tribal district of Mohmand. The suicide bombing occurred on July 9 in the Federally Administered Tribal Areas of Pakistan. The target of the attack was believed to be a meeting of tribal elders. Tehreek-e-Taliban Pakistan (TTP) claimed responsibility for the attacks.
Image: Getty Images/AFP/A. Majeed
2011 - Police training center in Charsadda attacked
A double bombing occurred on May 13, 2011, in Shabqadar Fort in the Charsadda District of northwestern Khyber Pukhtunkhwa province of Pakistan. Two suicide bombers killed at least 98 people outside the police training center. At least 140 people were injured. The explosions occurred while cadets were getting into buses for a ten day leave after their training course.
Image: Getty Images/AFP/H. Ahmed
2013 - Peshawar church bombing
On September 22, 2013, a twin suicide attack took place at All Saints Church in Peshawar, Pakistan. It was the deadliest attack on the Christian minority in the country, killing 82 people. The TTP-linked Islamist group, Jundalah, claimed responsibility for the attack.
Image: Getty Images/AFP/B. Khan
2014 - Peshawar school massacre
On December 16, 2014, seven gunmen affiliated with the Tehreek-e-Taliban Pakistan (TTP) conducted a terrorist attack on the Army Public School in the northwestern Pakistani city of Peshawar. The militants opened fire on school staff and children, killing 154 people, including 132 school children. This was the deadliest terrorist attack ever to occur in the country.
Image: AFP/Getty Images/A Majeed
2015 – Gunmen target bus in Karachi
Eight gunmen attacked a bus on May 13, 2015, in Safoora Goth, in Karachi, Pakistan. The shooting left at least 46 people dead. All of the victims were from the Ismaili Shia Muslim minority. Banned militant group Jundallah claimed responsibility for the shooting. Also, pamphlets supporting the Islamic State terrorist group, with whom Jundallah claims allegiance, were found at the crime scene.
Image: STR/AFP/Getty Images
2016 – Lahore park bombing
On March 27, 2016, at least 75 people were killed in a suicide bombing that hit one of the largest parks in Lahore. The attack targeted Christians who were celebrating Easter. Fourteen of the dead were identified as Christians, while the rest were Muslims. The majority of victims were women and children. Jamaat-ul-Ahrar, a group affiliated with the TTP, claimed responsibility for the attack.
Image: Getty Images/AFP/A. Ali
2016 – Quetta hospital bombing
On August 8, 2016, terrorists targeted the Government Hospital of Quetta in Pakistan with a suicide bombing and shooting that resulted in the death of over 70 People. The fatalities were mainly lawyers who had assembled at the hospital where the body of fellow attorney, Bilal Anwar Kasi, president of the Balochistan Bar Association, was brought after he was shot dead by an unknown gunman.