The Human Rights Committee has considered in particular the question of the
competence sometimes given to military courts to try civilians as well as members of
the armed forces or police in cases where they are alleged to have committed human
rights abuses:
The Committee notes with alarm that military courts and State security courts
have jurisdiction to try civilians accused of terrorism although there are no
guarantees of those courts’ independence and their decisions are not subject to
appeal before a higher court (article 14 of the Covenant).
--CCPR/CO/76/EGY, para. 16 (2002).
*****
The Committee … urges that all necessary steps be taken to ensure that
members of the armed forces and the police accused of human rights abuses are
tried by independent civilian courts and suspended from active duty during the
period of investigation. To that end, the Committee recommends that the
jurisdiction of the military courts with respect to human rights violations be
transferred to civilian courts and that investigations of such cases be carried out
by the Office of the Attorney-General and the Public Prosecutor.
--CCPR/C/79/Add.76, para. 34 (1997).
*****
The State party should review the jurisdiction of the military courts and
transfer the competence of military courts, in all trials concerning civilians and
in all cases concerning the violation of human rights by members of the
military, to the ordinary courts.
--CCPR/C/79/Add.78, para. 14 (1997).
*****
The Human Rights Committee has also considered the question of redress for
convictions by military courts:
The Committee takes note of the measures adopted by [the State party] to
pardon persons convicted of terrorism. Notwithstanding its satisfaction at the
release of 69 persons, the Committee considers that the pardon does not provide
full redress to the victims of trials conducted without regard for due process of
law and repeats the recommendation made in paragraph 21 of its observations,
which includes the need to establish an effective mechanism, at the initiative of
the State, to revise all the convictions handed down by the military tribunals in
treason and terrorism cases.
56
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