One year after the Supreme Court of Pakistan validated the trial of civilians by military courts, the Pakistani Parliament has failed to establish the independent appeal process mandated by the court’s own ruling.
On May 7, 2025, a constitutional bench of the Supreme Court overturned a previous October 2023 decision that had declared the trial of civilians in military courts unconstitutional. The 2025 ruling effectively reinstated the legality of military proceedings for civilians and upheld sections 2(1)(d), 59(4)(i), and 59(4)(ii) of the Pakistan Army Act of 1952.
While the majority decision validated these trials, it included a critical caveat: the legislature was ordered to pass a law within 45 days providing civilians convicted by military courts an independent right of appeal to the High Courts. According to Amnesty International, no such legislation has been tabled or passed by Parliament in the year since the order.
Human Rights Violations and Procedural Failures
Isabelle Lassee, Amnesty International’s Deputy Regional Director for South Asia, stated that the 2025 decision has fundamentally compromised the right to liberty and a fair trial within the country. Lassee asserted that military courts operating under these conditions disregard protections guaranteed under international human rights law.
The organization reports that civilians facing military tribunals are subjected to secret trials devoid of procedural safeguards. These proceedings are conducted by army officials who, according to Amnesty, lack the necessary independence and impartiality required for judicial fairness. The organization claims that convicted individuals are denied the right to appeal, directly contradicting the Supreme Court’s own directives.
Amnesty International further noted that many detainees have been denied access to reasoned judgments or written orders. The organization characterizes this as a deliberate tactic employed by authorities to prolong unlawful detention.
Impact on Political Protesters and Activists
The legal framework has been applied extensively to those involved in the May 9, 2023, protests that followed the arrest of former Prime Minister Imran Khan. In December 2024, military courts convicted 105 protesters, handing down sentences ranging from two to 10 years.
While 19 of these individuals were released on grounds of mercy shortly after their convictions, and five others were released in May 2025 after completing two-year sentences, many remain imprisoned without the ability to have their convictions reviewed by an impartial tribunal.
The organization also highlighted the case of Idris Khattak, a human rights activist who was forcibly disappeared in 2019. Khattak was sentenced to 14 years of imprisonment following a secret military trial in 2021. His case is cited as an example of the systemic deprivation of the right to an independent review of sentences.
Demands for Legal Reform
Amnesty International has called on Pakistani authorities to ban the trial of civilians by military courts entirely and to overturn all convictions resulting from such proceedings. The organization maintains that the state must ensure all convicted civilians are granted a meaningful right of appeal before a competent, independent, and impartial tribunal.
The Pakistani government and Parliament have not issued a public response regarding the status of the mandated appeal legislation.
