Practice Relating to Rule 100. Fair Trial Guarantees
Section M. Right to appeal
Pakistan’s Anti-Terrorism Act (1997) states: “An appeal against the final judgment of Anti-Terrorism Court shall [be] to a High Court.”
In his separate opinion in the Liaqat Hussain case before the Supreme Court of Pakistan in 1999, Judge Irshad Hasan Khan stated:
Clearly, an accused charged of offences/an unconvicted person is presumed to be innocent and has a vested right to a fair trial before a Court or Tribunal validly established under Article 175(1) of the Constitution. Even if Military Courts are treated as Special Courts, they cannot be declared valid as in the impugned Ordinance [Ordinance XII of 1998], no provision of appeal has been provided against the orders of the Military Courts before the Supreme Court nor [have] their functioning and supervision … been made subordinate to it.
Ruling on the documents submitted by the parties:
[The Court of Appeal d]ecides to grant Ntaganda, Nzakira and Bimenyimana permission to appeal as [the appeals] were submitted within the statutory deadline[.]