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Pakistan
Military Justice
The military justice system rests on three similar service laws:
the Pakistan Army Act (1952), the Pakistan Air Force Act (1953),
and the Pakistan Navy Ordinance (1961). The acts are administered
by the individual services under the central supervision of the
Ministry of Defence.
The army has a four-tier system; the air force and navy, three-tier
systems. The top two levels of all three systems are the general
courts-martial and district courts-martial; the third level comprises
the field general courts-martial in the army and air force and
the equivalent summary general courts-martial in the navy. The
army also has a further level, the summary courtsmartial .
The differences in court levels reflect whether their competence
extends to officers or enlisted men only and the severity of the
punishment that may be imposed. Sentences of military courts must
be approved by the convening authority, that is, the commanding
general of the organization concerned. Every decision of a court-martial
higher than summary court-martial level must be concurred in by
a majority of the members of the court; where a vote is split
evenly, the law provides that the "decision shall be in favor
of the accused." There is a right of appeal within the military
court system, but no civilian court has the right to question
the judgment of a military court. In cases where a military person
is alleged to have committed a crime against a civilian, the central
government determines whether military or civilian courts have
jurisdiction. Double jeopardy is prohibited. Former servicemen
in civilian life who are accused of felonies committed while on
active duty are liable for prosecution under the jurisdiction
of military courts. These courts are empowered to mete out a wide
range of punishments-- including death. All sentences of imprisonment
are served in military prisons or detention barracks.
In contrast to the civilian court system, the introduction of
Islamic law (sharia--see Glossary) has had little effect on the
military justice system. The Federal Shariat Court has, however,
ordered the military to make more liberal provisions to appeal,
to confront witnesses, and to show just cause (see Judiciary ,
ch. 4). It was not clear in early 1994 what practical effect these
directives have had.
Data as of April 1994
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