Military courts are not for Taliban Terrorist they will be Used Against You for Sure.

Why Military courts are being Asked for ???  when there is FCR Frontier Crimes Regulations in FATA  ( In Human with God Like Power to Bureaucracy in FATA that can be Applied to Tribal Areas where most of Terrorists are ) , and also Protection of Pakistan Ordinance and Many Brutal Laws and Even Article 245 which has Implemented Martial law in Pakistan in Some Areas ?. 

These Military Courts is beginning of End of Pakistan Federation it seems , and these Will be Used for Political Powers and Civil Society and also against Intellectuals and some Freedom Seekers who will Labeled as Terrorists for sure . 

The Punjabi Establishment is not Interested in Eradicating Taliban for sure as Mullah Military Alliance Which it made Itself as Means to Conquer AF-Pak and has made Jihadi Economy as Most Profitable Business with almost 5 Trillion Rupees Flowing Towards Punjab while the Blood is being run like Rivers in Pakhtunkhwa + FATA and Baluchistan .

Gul Bukhari


The agencies are not interested in convictions of extremist guys.” Every week, the prosecutors would get a visit from ISI and military intelligence officers to discuss the terrorism cases, to find out how many were being tried, how many pending. “And always they’d say, ‘Why are you going after good Muslims?’ or ‘What is the case against [Lashkar-e-Janghvi leader] Akram Lahori? He is working for Islam. Why are you working against him?’” – Buriro, prosecutor of Sindh ATC to the Committee to Protect Journalists (CPJ) on prosecuting terrorists.

“Buriro produced the video in open court. He cross-examined the defendants’ witness, an ISI colonel. The prosecutors withstood anonymous phone threats; they turned down bribes to let the case return to the regular courts, where it would fade away. The security apparatus was especially furious that uniformed men were being tried in the anti-terrorism court. ‘During the process of the case I was threatened by the naval agencies. I was threatened by the ISI,’ Buriro said. The prosecutors were excoriated for not damaging evidence in the case as instructed.” - Buriro to CPJ on his prosecution of Rangers men for shooting to death unarmed Sarfaraz Shah in a park in Karachi in 2011. They were caught on camera and the case became a publicized one.

CPJ’s full report on the roots of impunity in Pakistan is a horrifying, heart-stopping indictment of primarily the military and its intelligence agencies. Political parties and governments, in particular the MQM, are not spared either, but the clear illustration of how intelligence agencies perpetrate atrocities and prevent justice through civilian law enforcement and courts is petrifying. 

The blood runs cold reading how journalist Mukarram Khan Aatif reporting on a Taliban hideout being only two kilometers from the Salala Checkpost on the Pak-Afghan border was murdered. 

Mukarram’s reports on Deewa Radio were pointing to the possible reason the Americans attacked the Salala checkpost killing 24 Pakistan Army soldiers. His reports came too close to exposing the military-militant nexus, and the military’s double games. 

The people of the country were rightly angry the Americans had killed innocent soldiers of the Pakistan Army, unprovoked. However, the people of Pakistan were to be prevented from understanding what actually led to the accident.

Yet, in response to the massacre of 140 children in the APC Peshawar attack, the most significant anti-terror measures announced by the Prime Minister, and acquiesced to by the rest of the parliamentary parties, is to cede ‘justice’ to the military and to lift the moratorium on death penalty for terrorists. Both were dictated by the military.

‘All day on Wednesday, according to a participant of the meeting held at the PM House, the military leadership stressed the need to set up military courts as the “(civilian) justice system had failed to deliver.” – front page of Dawn, December 25th.

 In light of the CPJ report, which merely acts to confirm what many of us have known, are military courts then the solution? Is the military the solution or part of the problem? The narrative being built for the justification of military courts is wrong: that the civilian judges and law enforcement agencies are too weak, inept, and cowardly to convict terrorists. 

All, I repeat all, terror groups, be they of the Taliban ilk (whom the military has for sometime turned against) or sectarian in nature like the SSP and LeJ, were formed by the military for its various domestic and foreign security policies.

 And the police’s and courts’ intimidation by the military intelligence agencies is in no small part responsible for the broken civilian justice system. One cannot exonerate the political elite for not trying to strengthen the policing and courts systems, but in the face of the powerful army, and with having to watch over their shoulders’ every moment for the next coup, one cannot blame them entirely either.

The decision to lift the moratorium on death penalty also reeks of vengeance and of being seen to be tough on terrorists. 

However, the manner in which non-terror related crimes or ordinary civilians are being charged and tried in anti-terror courts, bodes ill for the cause of justice. People like Imran Khan and Maulana Fazlur Rehman have been charged under the Anti Terrorism Act, so vaguely is terrorism defined in the act. 

How then, is lifting the moratorium a wise step? The case of Shafqat Hussain perhaps is the ideal example of the flaws existing in the system, due to which such knee jerk measures really only serve to right one wrong with another.

 He was sentenced to death when he was 14 years old. An extract from Reprieve’s report reads, ‘(Hussain) is set to be among the first executed as Pakistan lifts its moratorium on the death penalty.… although Pakistan’s Prime Minister has said those to be executed will be “terrorists,” Shafqat was convicted of involuntary manslaughter (by an ATC), what the courts described as an accidental death in the course of a kidnapping. 

The conviction was based on a forced ‘confession’ extracted from him after nine days of police torture – he was beaten, and the scars are still visible where he was burned with cigarettes. The case has nothing to do with terrorism.”

How does killing an innocent person, already a terrible victim of the broken justice system of this country, serve the purpose of fighting terrorism? What is really required is to provide training to police in forensics, evidence preservation, framing of charges etc.; provision of foolproof protection to judges, lawyers, prosecutors and witnesses; depoliticizing and making independent the police service. 

Yes, these are long term measures, but the Prime Minister’s plan does not even mention this as a long-term goal. Instead, it delegitimizes and disenfranchises the civilian setup further by ceding all control to the military.

The important issue here is that even if the decision is now done, the parliament must debate very carefully and at length the issue of military courts and civilian oversight and ultimate authority over these courts. 

Even more importantly, the government and all political parties must at the same time work on a war footing to fix the justice system and lay the groundwork for bringing back terror cases under their own purview. 

The military must also acknowledge its own role in this terrible tragedy that Pakistan is today, and begin to make amends and support the civilian democratic project as at least one act of penance.

The writer is a human rights worker and freelance columnist. She can be contacted at gulnbukhari@gmail.com. Follow her on Twitter

source: http://nation.com.pk/columns/28-Dec-2014/military-courts

Peshawar School Massacre was used as an Excuse of a Martial Law.

Peshawar School Massacre has been used as Excuse to Hand Over Independent courts to the Militry and Also Implement a Martial law which was Objectives since last Many Years after Musharff Government was Abolished by a Lawyers Movement . 

General Mushraff who Started a Fake War on Terror and also made Taliban strong by Giving Money and Protection to Same Taliban who were Attacking Afghanistan and Also Killing Pashtuns and Baluchis only in Pakistan . 

Different name were Given to Same Monsters Taliban as TTP, Afghan Taliban , LEJ, SSP , Aswj, LET to Confuse People although they are same Products of Same madrisa,s in control of our Punjabi Establishment the Pakistan Military in Particular 

A drama of Fake war on Terror was Played on Af-Pak to grab the goodies and natural Resources worth Trillions in Af-Pak , via Playing on Both Side of War Games by Punjabi Establishment and Making Pashtuns on both Sides of Durand Line Slaves earning 50 Billion , US Dollars or 5000 Billion Pakistan Rupees by Selling Blood of Pashtuns as they are doing in Jihadi Economy since 1947. 

OK, goodbye by  Cyril Alm

Cyrill Almaeda 

They want you to believe this is a reaction to Peshawar. But they’ve wanted this for a long time: military courts. It wasn’t possible before. Too ugly, too difficult. Then Peshawar happened.

Peshawar was not sui generis, an atrocity that changed all the rules. Peshawar was the logical culmination of a long, persistent struggle.

Read: Militant siege of Peshawar school ends, 141 killed

It began somewhere in the darkness of the late 2000s. The game of cat and mouse between the military and the anti-Pak militants had begun to morph. Peshawar didn’t invent this: Peshawar gave them the excuse.

No longer confined to Fata, it had spread to the cities and Pakistan proper. Even in Fata, the nature of the fight had begun to change, from small, localised operations to full-scale war.

What to do about the men captured alive? Sometimes, you wanted to capture them alive: they provided valuable intelligence. Other times, you had no choice but to capture them alive, to take prisoners in the dozens and hundreds.

Also read: Political leaders reach consensus on

For years, the problem had been small enough to not cause much consternation. An irritant, as it were. Some were disposed of, no questions asked. Others were handed over to the courts, eventually released and then picked up again. An ugly cycle that created resentment on all sides, but still manageable enough.

Swat, South Waziristan and Iftikhar Chaudhry changed all of that. In Swat, they were picked up in the thousands. There were packed into rooms, buildings, anywhere with a lock and a key and a guard to stand watch. Too many to stay at the margins.

Also read: Military courts: a wrong move

The army wasn’t willing to let them go — the victory in Swat too important, the fight too bitter to forget. But feed them into the system and most would likely walk. It wasn’t the courts’ fault.

The system and the rules hadn’t caught up to the fact a war was being fought. From South Waziristan, they spilled out into the cities, travelling to faraway Karachi, turbocharging the militant threat there and everywhere, forcing the system to capture more and more, leaving in its wake darker and darker tales.

Also read: No distinction now between good and bad Taliban: Nawaz

It all eventually got too much. For Iftikhar Chaudhry, anyway. What the hell is going on, the crusading CJ asked. Bring us all these people, Chaudhry demanded. What are you doing to them, the Supreme Court all but yelled.

Think missing persons. They became a thing because of Chaudhry and his court. People started to ask questions. The excesses began to be talked about. The spillover into Balochistan began to be debated. It started to become uncomfortable.

Also read: Former CJ Iftikhar Chaudhry says military courts 'unconstitutional'

Think the Adiala 11. That wretched lot, accused by the army of some of the most audacious attacks, set free by the courts and then scooped up from outside the gates of Adiala.

No one remembered the Adiala 11. Except the court. The army refused to budge. The court pushed harder. Eventually, the broken, distended bodies began to turn up. Then, the horrifying spectacle in the court itself, barely recognisable humans brought in front of collapsing relatives. The public was repulsed. Surely, not in our names. It was hard to tell who the monster was, who the victim.

It all became too much. Swat and South Waziristan had already set the wheels in motion. Ideas were canvassed. Opinions were sought. We need a system to make these guys pay, the boys insisted.

Slowly, they began to get their system. You’ve heard of it in recent years. Strange names. Actions in Aid of Civil Power, Fata, Pata. Anti-Terrorism Amendment Ordinance, VII, VIII. Fair Trial Act. POPO. Amended POPO. POPO that became POPA, some say PPA. Article 245 invoked.

It was all legislative and administrative. All done by the civilians. All engineered by the boys.

Sometimes, it was presented as a favour: if you want us to do this, then these are the tools we need. Other times, it was postulated as a necessity: the problem is growing, we can’t go on like this, do this and this so that we can do what’s needed.

Always, it edged us closer to a hermetically closed system. Plucked from the battlefield or a safe house in a ghetto somewhere, kept in secrecy and done to whatever is necessary. Then, marched to either a cell or an execution chamber, depending on how relevant you are, how much repentance you’ve expressed and how lenient the system wants to be.

Think of it as a stone-crushing factory. Truck pulls up, dumps a bunch of boulders onto a conveyor belt. Sorry, you can’t ask if they’re boulders or if they need to be crushed. We know what we’re doing. Let us do our job.

The boulders bump along the conveyor belt, a few pulled off on occasion by someone or the other. Sorry, we needed that one. No, you can’t ask us why. We know what we’re doing. Let us do our job. Occasionally, a boulder is returned to the belt.

Eventually, the surviving boulders arrive at the crushing site. They stay in there a while. All that emerges are neatly packed bags with powdered stone.Nope, you can’t ask us what went on in there. No, you may not ask how they were selected. We know what we’re doing. Let us do our job. Trust us. OK, goodbye.

And then, the neatly packed bags of powdered stone are loaded onto trucks and driven away. That’s what a hermetically sealed system looks like, militarily, administratively, legally. That’s what they’ve wanted and, now, with military courts, that’s what they’ve got.

Peshawar didn’t invent this; Peshawar gave them the excuse.

We know what we’re doing. Let us do our job. Trust us. OK, goodbye.

The writer is a member of staff.

cyril.a@gmail.com

Twitter: @cyalm

Published in Dawn, January 4th, 2015 : http://www.dawn.com/news/1154893/ok-goodbye