provided information on the definition of "exceptional circumstances" and is
concerned that these courts have jurisdiction to deal with civil and criminal
cases involving non-military persons, in contravention of articles 14 and 26 of
the Covenant. The State party should adopt the necessary legislative measures
to restrict the jurisdiction of the military courts to trial of members of the
military accused of military offences.
--CCPR/CO/71/UZB, para. 15 (2001).
*****
Under [the decree in question], cases of treason are tried by military courts,
regardless of whether the defendant is a civilian or a member of the military or
security forces. In this connection, the Committee expresses its deep concern
that persons accused of treason are being tried by the same military force that
detained and charged them, that the members of the military courts are active
duty officers, that most of them have not received any legal training and that,
moreover, there is no provision for sentences to be reviewed by a higher
tribunal. These shortcomings raise serious doubts about the independence and
impartiality of the judges of military courts.
--CCPR/C/79/Add.67, para. 350 (1996).
*****
The Committee expresses concern about the broad scope of the jurisdiction of
military courts in [the State party], especially its extension beyond disciplinary
matters and its application to civilians. It is also concerned about the procedures
followed by these military courts, as well as the lack of supervision of the
military courts' procedures and verdicts by the ordinary courts.
--CCPR/C/79/Add.78, para. 14 (1997).
*****
The Committee … notes with concern that civilians may be tried by military
courts in certain cases, including betrayal of State secrets, espionage and State
security. Therefore, the Committee recommends that the Criminal Code be
amended so as to prohibit the trial of civilians by military tribunals in any
circumstances.
--CCPR/C/79/Add.79, para. 20 (1997).
*****
55
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