essence of the applicants' rights to silence and against self-incrimination
guaranteed by Article 6 § 1 of the Convention.
It concludes, therefore, that there has been a violation of the applicants' right to
silence and their right not to incriminate themselves guaranteed by Article 6 § 1
of the Convention.
Moreover, given the close link, in this context, between those rights guaranteed
by Article 6 § 1 of the Convention and the presumption of innocence guaranteed
by Article 6 § 2 …, the Court also concludes that there has been a violation of
the latter provision.
--Heaney and McGuinness v. Ireland, ECHR, 21 December 2000 (paras. 5759).
Inter-American System
The right of every person accused of a criminal offense to be presumed innocent
until his guilt is fully proven is a principle set forth … in the American
Convention on Human Rights….
--IACHR, OEA/Ser.L/V/II.53, doc. 25, ch. IV, 30 June 1981 (para. 9).
E.2 Military and other special courts
United Nations
The Human Rights Committee has considered, in a number of cases and concluding
observations, the nature of tribunals with competence to try offences related to
terrorism or state security. In this regard, the Committee has often addressed the role
of the military and military courts.
The Committee is concerned that the military and members of security or other
forces allegedly continue to exercise special powers over civilians and civilian
authorities, including judicial authorities, granted to them through the
establishment of Special Public Order Zones by decrees no longer in force. The
Committee is particularly concerned that the military exercise the functions of
investigation, arrest, detention and interrogation.
--CCPR/C/79/Add.76, para. 19 (1997).
*****
The Committee notes with concern that military courts have broad jurisdiction.
It is not confined to criminal cases involving members of the armed forces but
also covers civil and criminal cases when, in the opinion of the executive, the
exceptional circumstances of a particular case do not allow the operation of the
courts of general jurisdiction. The Committee notes that the State party has not
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