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
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents