E/CN.4/2005/6/Add.3
page 4
The Working Group invites the Government to reconsider the legal framework regarding
the organization, functions and jurisdiction of the military courts. The jurisdiction of military
tribunals should be strictly limited to military offences committed by military personnel.
Appeals against decisions of military tribunals and challenges to their legality should be
exercised by civilian jurisdictions. Finally, the Working Group recommends that the judicial
decision to forcibly place someone in a psychiatric hospital should be taken in the presence of
the person concerned and of his/her family and lawyer, and that a provision be made for periodic
adversarial judicial review of the placement.