The International Commission of Jurists (ICJ) has condemned the conviction of rights activist Idrees Khattak by a military court in Pakistan and has demanded his immediate release.
Earlier, Khattak had gone missing in November 2019. His whereabouts were finally revealed by the defense ministry in June 2020, when the latter told the Commission of Inquiry on Enforced Disappearances that Khattak was being tried under the Official Secrets Act, 1923.
“Idrees Khattak was subjected to the serious crime of enforced disappearance and instead of bringing the perpetrators of this violation to account… [he has been convicted] in a military court in a secret, sham trial”.
According to the ICJ, the conduct for which Khattak was tried dates back to July 2009. Khattak was associated with Amnesty International and had been investigating enforced disappearances in Balochistan and erstwhile tribal areas.
Upon finding out that Khattak was being tried by a military court, his brother filed a petition in the Peshawar High Court (PHC), challenging the military court jurisdiction but the court rejected the appeal in January 2021.
While reacting to the news on social media, many questioned the process through which Khattak was convicted.
Legal commentator Reema Omer expressed the concern that Khattak could not appeal his sentence in a civilian court.
Idrees Khattak can now appeal his conviction/sentence before military court of appeal
Troublingly, people convicted by military courts are barred from appealing to civilian courts – they can only file for review before high courts on limited groundshttps://t.co/tH9RwXO1YS
— Reema Omer (@reema_omer) December 6, 2021
One social media user questioned how a civilian can be tried under the Army Act.
How can a civilian be sentenced by a military court under Army Act?
His crime:
"Khattak remained associated with Amnesty International and had investigated enforced disappearances in erstwhile tribal areas and Balochistan."#IdreesKhattak #IdrisKhattak https://t.co/l5wS3smCLu— Raja Ali Saleem (@RajaSaleem14) December 5, 2021
Amnesty International demanded that Khattak’s family be given clarity.
PAKISTAN: Family of enforced disappearance victim #IdrisKhattak must be given clarity. https://t.co/0M1vzkHodu
— Amnesty International South Asia (@amnestysasia) December 4, 2021
Khattak can appeal his sentence before an appellate tribunal and then before the army chief.
This is inhuman and evil. He should be immediately released and apologised by COAS on behalf of army. It erodes public faith in our own institutions. Same happened before 1971 and we all know it’s consequences.