Compendium of Standards, Good Practices and Recommendations
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Clear procedures should be established for members of the armed forces to raise within
the armed forces concerns about illegality, corruption, mistreatment, bullying or other
human rights abuses. These should be accompanied by clear information on available
external reporting channels. Service personnel who report abuses using authorized procedures should be guaranteed confidentiality and be protected by law from retaliation.
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Information about the process that will follow such reporting of abuse or wrongdoing should be made readily available to service members, so they have a clear idea
of the timeline and other actions that might need to be taken further down the
road. Similarly, information about their rights, and their special protected status as
complainants, should be made clear to them at the moment of the complaint at the
latest, and ideally earlier.
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In case of disciplinary action or criminal prosecution against a whistle-blower from
the armed forces, the case should be tried in a civil court. As further developed in
“Chapter 18: Discipline and Military Justice”, the European Court of Human Rights
has ruled that a right to a fair trial is incompatible with a series of circumstances,
such as if the superior officer of the defendant appoints the judges to try the case,
appoints the prosecuting and/or defence counsel or prepares the evidence against
the accused.225 Taking into account the special nature of a whistle-blower’s actions,
which might be seen by some in the armed forces as going against military discipline, or esprit de corps, it is more likely that a civil court will give them a fair trial.
This is further buttressed by the nature of whistle-blower complaints, which must
be to the benefit of “the general public.”
Further reading
Benjamin S. Buckland and Aidan Wills, “Whistleblowing and the Security Sector”, in Nevena
Ruzic and Bojana Medenica (eds.) Protection of Whistleblowers (Belgrade: Commissioner for
Information of Public Importance and Personal Data, 2013, https://whistleblowingnetwork.
org/WIN/media/pdfs/National-security-INT-2013-Buckley-Wills-Whistleblowing-in-theSecurity-Sector.pdf.
William McDermott and Efrat Gilfrad, Social Media Guide for Ombuds Institutions for the
Armed Forces (Geneva: DCAF, 2017), https://www.dcaf.ch/sites/default/files/publications/
documents/Social-Media-Guide-Ombuds-Institutions.pdf.
Open Society Foundations, Global Principles on National Security and the Right to
Information (Tshwane Principles) (New York: Open Society Foundations, 2013), www.
opensocietyfoundations.org/publications/global-principles-national-security-and-freedominformation-tshwane-principles.
225
European Court of Human Rights, Findlay v. the United Kingdom, EHRR 221, 25 February 1997; and Grieves
v. the United Kingdom, EHRR 2, 16 December 2003 (concerning the lack of independence of a naval judge
advocate). Revisions to the procedures in the United Kingdom introduced by the Armed Forces Act of 1996
have been found to satisfy Article 6 of the ECHR: Cooper v. the United Kingdom, EHRR 8, 16 December 2003.
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