E/CN.4/1995/111 page 35 (c) As long as the Regional Justice System exists, the crimes falling under this jurisdiction should be clearly defined so as to avoid acts which constitute a legitimate exercise of political dissent and social protest being considered as "terrorism" or "rebellion". Furthermore, defendants before regional courts must enjoy full respect for their right to a fair trial. The severe restrictions currently in place, including those affecting the right to habeas corpus, a procedure essential for protecting people deprived of their liberty from torture, disappearance or summary execution, should be eliminated. (d) Effective protection should be provided for all members of the judiciary and the Public Ministry from threats and attempts on their lives and physical integrity, and investigations into such threats and attempts should be carried out with a view to determining their origin and opening criminal and/or disciplinary proceedings, as appropriate. (e) Likewise, provision should be made for effective protection of persons providing testimony in proceedings involving human rights violations, as appropriate. 118. The excavation, exhumation and evaluation by experts in the forensic sciences of remains which may belong to victims of extrajudicial, summary or arbitrary executions are an integral part of the obligation to conduct thorough investigations referred to above. They must be carried out in accordance with the highest standards of expertise by specialists in forensic archaeology, anthropology, pathology and biology. In this context, the Special Rapporteurs wish to refer to the Model Protocol for Disinterment and Analysis of Skeletal Remains, included in the Manual for the Effective Prevention and Investigation of Extra-legal, Arbitrary and Summary Executions (ST/CSDHA/12 and Corr.1), a document disseminated by the Crime Prevention and Criminal Justice Branch of the United Nations Centre for Social Development and Humanitarian Affairs. The Special Rapporteurs call on the Government to ensure that the necessary forensic expertise and ballistic analysis are made available throughout the country with a view to obtaining maximum evidence in each case under investigation. 119. In addition, the system of special offices of the Fiscalía assigned to military units has been seen by many observers as effectively providing a colour of legitimacy to cover acts by the armed forces intended to ensure that those they capture and seek to have prosecuted are successfully convicted in the so-called regional tribunals that operate with anonymous judges and official witnesses. As stated above, and on the basis of the decision by the Constitutional Court referred to in paragraph 86 above, these acts, which include arrests and gathering of evidence for prosecution, should be carried out exclusively by civilian judicial police, in which case there would be no need for these special offices to continue functioning. 120. As for the military justice system, measures must be taken in order to ensure its conformity with the standards of independence, impartiality and competence required by the pertinent international instruments. Due regard should be given, in particular, to the Basic Principles on the Independence of the Judiciary, adopted by the Seventh United Nations Congress on the Prevention of Crime and the Treatment of Offenders, held at Milan from

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