This petition is submitted in response to the Supreme Court of Pakistan’s decision on May 7th, 2025, to uphold the military trial of civilians for offenses allegedly related to attacks on military properties or personnel. This ruling follows the controversial 26th Constitutional Amendment, widely criticized for eroding the separation of powers and judicial independence. 

The decision threatens the fundamental rights of over 250 million citizens, legitimizing the use of military tribunals for civilians under the pretext of "national security" and setting a dangerous precedent for enforced disappearances, arbitrary detention, and denial of due process.

Moreover, this verdict constitutes a gross violation of Pakistan’s constitutional guarantees, its obligations under international human rights treaties, and the most basic principles of democratic governance and rule of law.

BREACH OF INTERNATIONAL HUMAN RIGHTS OBLIGATIONS:

Pakistan is a signatory to multiple international instruments, including:

• The International Covenant on Civil and Political Rights (ICCPR)
• The Convention Against Torture (CAT)
• The Universal Declaration of Human Rights (UDHR)

Pakistan is a signatory to the International Covenant on Civil and Political Rights (ICCPR), which obliges the state to ensure all accused persons are tried by competent, independent and impartial tribunals established by law.

The ruling violates the following provisions:

• ICCPR Article 14: Right to a fair and public hearing by a competent, independent and impartial tribunal established by law
• ICCPR Article 9: Right to liberty and security of person; freedom from arbitrary arrest or detention
• UDHR Article 10: Right to a fair and public hearing
• CAT Article 2: Obligation to prevent torture, including acts of psychological coercion through secret or summary trials

VIOLATION OF PAKISTAN'S CONSTITUTIONAL GUARANTEES

Permitting military trials of civilians undermines the independence of the judiciary and the principle of civilian supremacy, a cornerstone of democratic constitutionalism under Article 175(3).

A. Violation of Article 10-A (Right to Fair Trial)
Military tribunals are not independent or impartial within the meaning of Article 10-A. Civilians tried under opaque procedures by serving military officers are denied the constitutional right to a fair and public hearing by an impartial tribunal.

B. Article 8: Inconsistency with Fundamental Rights
The Pakistan Army Act, when applied to civilians, becomes void to the extent of its inconsistency with fundamental rights, as per Article 8(1).

C. Article 25: Violation of Equality Before Law
Trying civilians under a separate, parallel justice system on the basis of alleged offenses involving military property is discriminatory and arbitrary.

PETITION:

In light of the above, we call upon the International Community to:

1. Publicly condemn the Supreme Court of Pakistan’s ruling as a breach of international human rights law;
2. Urge the Government of Pakistan to repeal or amend all provisions enabling military trials of civilians;
3. Demand the transfer of all civilian cases currently under military jurisdiction to independent civil courts;
4. Call for an independent international investigation into the use of military courts and the potential for systemic abuse;
5. Request the UN Special Rapporteurs on Torture, on the Independence of Judges and Lawyers, and on the Promotion and Protection of Human Rights while Countering Terrorism to initiate an urgent inquiry into the situation;
6. Encourage dialogue with the Government of Pakistan to ensure full compliance with its international obligations and a return to civilian judicial control.

This is not justice; it is the codification of fear, the militarization of civilian space, and the death knell of democratic accountability. By trying civilians in military courts, Pakistan’s institutions have turned their backs on the rule of law and the people they claim to serve. It is imperative to hold the judiciary accountable to its purpose of protecting citizens' rights and maintaining a balance of power, rather than submitting to military influence.

Please sign this petition to demand a reversal of this decision and protect the foundational principles of justice and democracy, not just in defense of Pakistan’s citizens, but in defense of the principles of international law itself.