Need to set up military tribunals for terrorists

ISLAMABAD: The Pakistan Army has sent in its officers and Jawans to lay down their lives so that the rest of us can live in peace. The Pakistan Army is at war. The rest of Pakistan does not seem to be. There is absolutely no doubt that the Pakistan Army will win the battle on the ground. But to win the war and there must be unity of effort.

Over the past 11 years, fatalities in terrorist violence stand at 52,653. Since 2002, there have been 398 suicide attacks killing 6,032 and injuring an additional 12,560. Since 2000, there have been 4,941 bomb blasts.

On September 20, 2008, the Marriott Islamabad was bombed. Rehman Malik, the-then minister of interior, charged Lashkar-e-Jhangvi for the attack.Justice Malik Muhammad Akram of the Anti-Terrorist Court acquitted Dr Usman, Rana Ilyas, Hameed Afzal and Tehseenullah Jan as the police failed to provide evidence against them.

On November 19, 2008, Major-General Ameer Faisal Alvi was shot by three gunmen on Islamabad Highway. The accused were set free for lack of evidence.On October 18, 2007, the Karachi bombing killed 140 and injured more than 350. Qari Saifullah Akhtar and his three sons, all linked to al-Qaeda and the outlawed Harkat-ul-Jihad, were arrested. A month later, Saifullah was freed due to lack of evidence.

On May 8, 2002, 11 French engineers were targeted in Karachi. On September 18, Sharib Zubair was arrested as the mastermind behind the attack. Mufti Mohammad Sabir was also arrested as the suspected bomb-maker. The two men had their convictions overturned.

In 2009, some 629 terrorism cases came before the Anti-terrorism Courts (ATCs) in Punjab. Suspects in 471 cases were acquitted. In 2001 and 2003, a total of 333 arrests were made. Only 38 of them were convicted and the rest were acquitted.

The overall acquittal rate in terrorism-related cases stands at 75 percent. In Khyber-Pakhtunkhwa, the province most affected by terrorism, the acquittal rate is even higher. In Swat, some 575 terrorism-related cases were filed in the three Anti-Terrorism Courts.

Out of the 575, only 15 accused were sentenced.

In 2007, 28 cases were filed; only one accused was punished. In 2008, a total of eight cases were filed, six were acquitted; one was punished and one was declared wanted. In 2009, five cases were filed, four were released and one was punished. In 2011, a total of 191 accused were arrested, only four were sentenced.

Pakistan’s judicial system is ending up boosting the morale of Pakistan’s enemies. There is voluminous evidence that “the ease with which terror suspects are acquitted encourages terror outfits to indulge in worse actions with no fear of effective crackdowns.”

Military tribunals have been used in the US, the UK, Germany, Canada and India. To be certain, military tribunals do not mean the imposition of military authority on Pakistan’s civilian population. To be sure, military tribunals will not be a substitute for Pakistan’s civilian judicial apparatus. Military tribunals would mean military justice only for enemy combatants.

Remember, “Friends may come and go, but enemies accumulate”.