E/CN.4/1999/63/Add.2
page 33
(b)
civilians;
Incompetence to try military personnel if the victims include
(c)
Incompetence to try civilians and military personnel in the event
of rebellion, sedition or any offence that jeopardizes or involves the risk of
jeopardizing a democratic regime; and
(d)
Prohibition to impose the death penalty under any circumstance.
Notes
1.See the report of the representative of the Secretary-General on internally
displaced persons (E/CN.4/1996/52/Add.1).
2.See Official Records of the General Assembly, Fifty-third Session,
Supplement No. 44 (A/53/44), para. 202.
3.A more complete study of the structure of the judiciary and the Office of
the Public Prosecutor can be found in the report of the Special Rapporteur on
the independence of judges and lawyers (E/CN.4/1998/39/Add.1).
4.The American Convention on Human Rights provides that the death penalty
should not be re-established in States that have abolished it. In countries
that have not abolished the death penalty, its application must not be
extended to crimes to which it does not apply at present (art. 4, paras. 2 and
3).
5.Robert Goldman, Professor at American University and other universities in
the United States; Carlos Arslanian, former Minister of Justice of Argentina
and former Appeal Court judge, who tried the cases against the members of the
Military Juntas which governed Argentina between 1976 and 1983;
Fernando Imposimato, judge, former Deputy and former member of the Italian
Senate; José Raffucci, United States Navy commander and lawyer in Puerto Rico
and the District of Columbia.
6.This is a typical case: arrested on 6 February 1993 and brought before the
military court on 26 February, she was acquitted in first instance on 5 March.
On 2 April, the Navy Court Martial convicted her of the offence of treason, a
verdict which was overturned on 11 August by the Supreme Council of Military
Justice, which acquitted her, but ordered that she should be tried by the
civil courts for the offence of terrorism. Although acquitted, she was held
in detention without trial until 8 October, when the trial for the offence of
terrorism - for the same act - began in Lima Examining Court No. 43, a trial
in which she was convicted. The case was brought to the Working Group's
attention.
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