E/CN.4/1999/63/Add.2
page 13
61.
The President of the CSJM reported that since August 1992, the military
courts have tried 1,628 civilians, with the following results:
Sentenced
to life imprisonment
370 persons
to 30 years' imprisonment
123 persons
to 25 years
81 persons
to 20 years
95 persons
to 15 years
38 persons
Total sentenced
Acquitted
707 persons
39 persons
Referred to the civil courts
315 persons
Still on trial in the military courts
567 persons
62.
Although neither the Universal Declaration of Human Rights nor the
International Covenant on Civil and Political Rights prohibits military
justice from trying cases in which the accused or the victims are civilians,
the practice in many countries, as the Working Group has verified, has shown
that this often tends to be a source of injustice, particularly with regard to
impunity for human rights violations, 7 and the cause of arbitrary detentions,
which are of particular concern to the Working Group.
63.
The Group asked the President of the CSJM whether or not military
personnel who act as judges are still subject to the chain of command. He
said that military personnel in the system of military justice are outside the
military chain of command. However, all the lawyers questioned indicated that
the opposite is true.
64.
Legislative Decree No. 895 of 1998 gave military courts jurisdiction
over ordinary offences committed by armed groups.
2.
Measures to protect judges
65.
Act No. 25.475 on “faceless judges”, applicable to ordinary courts, was
improperly applied to military courts. It provided that the identity of
judges, members of the Office of the Public Prosecutor and auxiliary staff
should be kept secret at all stages of a trial. Decisions would not be
signed, but the judges' identification codes would be recorded. Voicedistorting microphones and image distorters were installed. The Act was due
to expire on 14 October 1995, but was extended, expiring on 14 October 1997.
Although the Act has, wisely, been repealed, the Group is obliged to analyse
it, as many of the prisoners whose cases are under consideration were tried
under it. Since the withdrawal of anonymity, the Permanent Criminal Chamber
of the Supreme Court is now the last resort for persons accused of terrorist
offences.
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