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WEEKLY NEWSLETTER
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Pakistan
Index
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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