Army to preside in terrorism courts

Pakistan's decision to allow army officers to preside over anti-terrorist courts was condemned by human rights groups and lawyers in the country on Friday. "This is another blow to the judiciary and their freedom. We are not happy with this move," the chairman of the Human Rights Commission of Pakistan (HRCP), Afrasiab Khattak, told IRIN from Peshawar, the capital of North West Frontier Province (NWFP). "The presence of the army officer will mean that he will call all the shots," he maintained. Pakistan's Anti-Terrorist Court (ATC) has the jurisdiction to try cases of kidnapping, hostage taking, highjacking and inciting hatred against religious sects or ethnic groups. The move was implemented on Thursday by Pakistan's president, General Pervez Musharraf. He said the existing system was not delivering satisfactory results, a government official told IRIN. Previously, a sessions judge presided over cases at ATCs, but under the new provision there will be a three-member team comprising a judge, a magistrate and an army officer at lieutenant-colonel rank or above. All pending cases, except those where investigations have already been completed, would be automatically transferred and assigned to the new panel. "I was tried under such a court during the time of former president Ziaul Haq, and I know how much influence the military have," Khattak maintained. "This is not democratic," he said. The move was also criticised by the Supreme Court Bar, which warned that lawyers would strongly oppose the involvement of military officers. Speaking on the wider issue of terrorism, Khattak said that there was a need to deal with the root causes of the problem. "We believe that it is not the severity of punishment that deters criminals, but the apprehension," he said. "There needs to be a solid system whereby people are apprehended or they know they will be apprehended if they commit a crime. Only then will they think twice about offending," he stressed. Criticising the speed at which the legal system operates in Pakistan, he said that there needed to be a system which ensured swift disposal of cases according to the law. "Evidence should be produced to ensure the administration of justice can work in an efficient manner," the chair of the HRCP said. "The inclusion of a military officer will dilute the strength of the judiciary," he warned.