E/CN.4/1995/111 page 36 26 August to 6 September 1985, and endorsed by the General Assembly in resolutions 40/32 of 29 November 1985 and 40/146 of 13 December 1985. Thus, an important step forward would be a substantial reform of the code of military justice, along the lines suggested, inter alia, by the Procuraduría General. These reforms would need to include the following elements: (a) Clear distinction between those carrying out operational activities and personnel involved in the military judiciary, who should not be part of the normal chain of command; (b) Recomposition of the military tribunals by a corps of legally trained judges; (c) Ensuring that those responsible for the investigation and prosecution of cases are also entirely independent of the normal military hierarchy and professionally qualified, if not indeed a specialized branch of the Fiscalía. They should be given sufficient human and material resources to fulfil their functions; (d) Removal of the defence of obedience to superior orders in respect of crimes under international law such as extrajudicial, summary or arbitrary executions, torture and enforced disappearances; (e) Giving full effect to the recent Constitutional Court decision requiring involvement of the parte civil; and (f) Explicitly excluding from military jurisdiction the crimes of extrajudicial, summary or arbitrary execution, torture and enforced disappearance. Furthermore, the organ deciding in conflicts of competence between the civilian and the military justice systems should be composed of independent, impartial and competent judges. 121. Even if such reforms are speedily implemented, the backlog of historical impunity will remain and must be addressed. The Special Rapporteurs would consider opportune the establishment of a mechanism which could contribute to providing justice for the past. Such a mechanism should be able to achieve the following goals: (a) Give a full public accounting of the scope and extent of the crimes committed in the name of the State and the political and institutional factors that contributed to the impunity of their authors; (b) Formally identify the individual responsibility for such crimes, including the direct perpetrators and those who may have given the explicit or implicit orders for their commission; (c) Instigate the corresponding criminal and disciplinary proceedings, to be carried out by the competent organs; (d) Ensure effective reparation to the victims or their dependants, including adequate compensation and measures for their rehabilitation;

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