obtained information about the facts in question. The "faceless" justice system thus also leads to the violation of Article 8(2)(f) of the American Convention, guaranteeing the right of the defense to examine witnesses. --IACHR, OEA/Ser.L/V/II.102/Doc. 9, rev. 1, 26 February 1999 (paras. 12125). African Commission on Human and Peoples Rights [Regarding the issue of the Special Military Tribunal, t]he Commission is not taking an issue with the history and origin of the laws nor the intention why they were promulgated. What is of concern here to the Commission is whether the said trial conforms to the fair hearing standards under the Charter. The Commission is of the opinion that to answer this question, it must necessarily consider the merits or demerits of the trial, an issue the Government does not want to be involved in. Consequently, the Commission finds the selection of serving military officers, with little or no knowledge of law as members of the Tribunal in contravention of Principle 10 of the Basic Principles on the Independence of Judges. The said Principle states: Persons selected for judicial office shall be individuals of integrity and ability with appropriate training or qualifications in law. In the same vein, the Commission considers the arraignment, trial and conviction of Malaolu, a civilian by a Special Military Tribunal, presided over by serving military officers, who are still subject to military commands, without more, prejudicial to the basic principles of fair hearing guaranteed by Article 7 of the Charter. It is fitting, in this regard, to cite the Commission's general position on the issue of trials of civilians by Military Tribunals. In its Resolution on the Right to Fair Trial and Legal Assistance in Africa, the Commission had, while adopting the Dakar Declaration and Recommendations, noted thus: In many African countries Military Courts and Special Tribunals exist alongside regular judicial institutions. The purpose of Military Courts is to determine offences of a pure military nature committed by military personnel. While exercising this function, Military Courts are required to respect fair trial standards. They should not, in any circumstances whatsoever, have jurisdiction over civilians. Similarly, Special Tribunals should not try offences that fall within the jurisdiction of regular courts. --Media Rights Agenda case, Comm. No. 224/98, 14th Annual Activity report 2000 - 2001 (paras. 59-62). ***** The government confirms the situation alleged by the complainants in respect of the composition of the Special Courts. National legislation permits the 60