 "US, EU slam conviction of Imran's followers: Why it may cost Pak billions")
Pakistan's recent sentencing of 25 civilians by a military court has been strongly criticised by the United States (US), the United Kingdom (UK), and the European Union (EU), citing concerns over judicial independence, transparency, and due process. The US described the trials as lacking basic guarantees of fairness, while the EU cautioned that such actions could violate a key preferential trade agreement, potentially cutting Pakistan's exports by more than 20 per cent. These reactions, reported by Al Jazeera on Wednesday, add to mounting scrutiny of Pakistan's use of military courts to prosecute civilians.
"The US is concerned by the sentencing of Pakistani civilians in a military tribunal and calls upon Pakistani authorities to respect the right to a fair trial and due process," State Department spokesperson Matthew Miller said on social media platform X on Monday.
The US statement echoes earlier concerns raised by the UK and the EU, both of which criticised the use of military courts to try civilians.
The EU was the first to respond to the December 21 military court verdicts, issuing a statement the following day expressing "concern" over the sentencing and noting that the verdicts appear "inconsistent with the obligations Pakistan has undertaken under the International Covenant on Civil and Political Rights (ICCPR)". The statement also underscored Pakistan’s beneficiary status under the Generalised Scheme of Preferences Plus (GSP+), which grants duty-free access to European markets for Pakistani exports. According to Al Jazeera, this is a reference widely interpreted as a subtle warning to Islamabad that non-compliance with international human rights commitments could put this status at risk.
What were the Pakistani military trials focused on?
The recent military trials are linked to nationwide unrest that erupted after the arrest of former Pakistani Prime Minister Imran Khan in Islamabad on May 9 last year.
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Supporters of Khan's Pakistan Tehreek-e-Insaf (PTI) party attacked government buildings, monuments, and military installations, including the Pakistan Army headquarters in Rawalpindi and the residence of a senior military official in Lahore, which was set on fire.
Although Khan was released within 48 hours by a Supreme Court order, thousands of PTI workers were detained for their involvement in the violence. Out of these, 105 individuals were referred to military courts. Earlier this year in April, 20 people serving sentences of less than three years were released, leaving 85 still in custody. On December 21, the military announced the convictions of 25 individuals, with at least 14 receiving prison sentences of 10 years. The military has defended the trials, asserting that they adhered to due process and safeguarded the legal rights of the accused.
The PTI views the military trials as part of a wider, two-year campaign against the party following Khan's removal through a parliamentary no-confidence vote in April 2022. Khan was rearrested in August 2023 and remains in custody, facing charges including sedition and terrorism related to the May 9 riots, along with numerous other cases. The Pakistani military, however, has rejected claims of singling out the PTI.
Last month, the United Nations Human Rights Committee called on the Pakistani government to review laws governing military courts and to eliminate their authority over civilian cases.
What is GSP+ status and how does it relate to military courts?
The GSP+ is an EU programme designed to encourage partner countries to enhance governance standards and prioritise sustainable development by granting them preferential trade access.
Countries granted GSP+ status must comply with and "effectively implement" 27 international core conventions, including the ICCPR, to retain their benefits under the programme.
These conventions, which are non-economic in nature, address areas such as human rights, labour rights, environmental protection, and good governance.
Pakistan is one of eight nations enjoying GSP+ benefits, which include duty-free access to European markets. Other participating countries include Bolivia, Cape Verde, Kyrgyzstan, Mongolia, the Philippines, Sri Lanka, and Uzbekistan.
In its response to the sentencing in Pakistan, the EU reportedly highlighted that the ICCPR guarantees individuals the right to a fair and public trial before an independent and impartial tribunal, with adequate legal representation.
The Pakistani government has reportedly defended the practice of trying civilians in military courts, arguing that the constitution permits it. This practice was upheld even during Imran Khan's tenure as prime minister from 2018 to 2022.
However, military trials are often criticised for their secrecy and lack of transparency. While defendants are allowed legal representation, these courts lack the public oversight typical of civilian judicial processes.
Speaking to Al Jazeera, Haroon Sharif, a former Pakistani minister of state, cautioned that failing to meet non-economic obligations under GSP+ could have adverse effects on Pakistan’s economic interests. "Such agreements are tools for political bargaining," he explained, adding, "When a country’s politics is fragmented, it impacts economic outcomes and creates serious challenges."
Could Pakistan’s exports take a hit?
Former Pakistani Prime Minister Shahid Khaqan Abbasi expressed his concerns to Al Jazeera, questioning the use of military courts to try civilians. He argued that such trials offer international bodies valid grounds for criticism.
"The government could have used anti-terrorism or other civilian courts, ensuring transparency," he said, adding, "Military trials, while constitutional, conflict with fundamental rights."
Former Pakistani finance minister Miftah Ismail, in a conversation with Al Jazeera, called military trials "archaic" and emphasised the need for the government to engage diplomatically with the US, UK, and EU to clarify the rationale behind their use in this instance.
"The GSP+ status is critical, as it allows duty-free access to European markets," he explained, warning, "Losing this status could reduce Pakistan’s exports by 20 to 30 per cent."
Citing EU data from 2023, Al Jazeera noted that Pakistan was the largest beneficiary of GSP+, with over 78 per cent of its exports to Europe – worth nearly 4 billion euros ($4.2 billion) – entering duty-free. Textiles and clothing made up 73 per cent of these exports.
Haroon Sharif, who is also the former chairperson of Pakistan's Board of Investment, highlighted the need for Pakistan’s economic managers to acknowledge the considerable influence of EU nations, the UK, and the US in shaping decisions at the International Monetary Fund (IMF), which is extending a $7 billion loan to Pakistan. He warned that Pakistan risks isolation by failing to engage effectively with the global community and their institutions, noting, "This comes with a heavy transactional cost due to ongoing domestic political wrangling". Sharif urged a reduction in political volatility, a professional approach to economic governance, and stronger integration with international institutions to avoid potential market shocks resulting from mismanagement.