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Pakistan - December 2023

Crackdown on Baloch protesters

On 20 December, law enforcement resorted to using excessive force, including tear gas, batons, and water cannons, against peaceful demonstrators participating in the women-led "Baloch Long March." Protesters were demonstrating against the persistent repression and human rights violations in the province of Balochistan, specifically in relation to extrajudicial killings and enforced disappearances.  Home to a two-decade long Baloch nationalist insurgency (a low-intensity conflict) and about 5 per cent of Pakistan’s population, the region accounts for 2,752 of the 10,078 enforced disappearances an independent commission has recorded nationwide since 2011.  On 21 December 2023, authorities arrested more than 300 activists in Islamabad. The crackdown was widely criticized by human rights organizations, eventually leading to the detainees’ release. However, a significant number of activists remain in police custody with cases filed against them, according to Amnesty International and various rights groups.

Sources: Dawn, VOA News, The Express Tribune, Amnesty International

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Rights -1 Rights  (-1)
Civil Liberties
Freedom of Association and Assembly
Rule of Law -1 Rule of Law  (-1)
Predictable Enforcement

Supreme Court rules military courts can conditionally resume

On 13 December, the Supreme Court (SC) ruled that military trials for civilians can resume. This follows a prior ruling in October 2023, which had declared the civilian military trials null and void. The new order upheld a set of intra-court appeals (ICAs) filed by various government ministries, requesting a larger bench of judges to review the prior ruling. The defence ministry's counsel argued that that the previous ruling lacked clarity on which parts of the Constitution and Army Act were deemed unconstitutional, emphasizing the possibility of civilian military court trials for crimes pertaining to the military. At least 103 civilians are currently facing military trials under the Army Act, following the 9 May riots over former Prime Minister Imran Khan’s arrest. However, the Court clarified that military courts could not issue a final verdict without SC approval. Rights experts have previously condemned the use of such courts to try and persecute civilians, with the Lahore High Court Bar Association strongly condemning the SC’s latest decision.

Sources: The Express Tribune, International IDEA, Andalou Agency

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Rights -1 Rights  (-1)
Access to Justice