E/CN.A/1990/17 page 71 court. According to the armed forces, however, it is the statue of the person who has committed the crime which determines the competent tribunal. If he is a member of the armed forces the case will be heard by a military tribunal. 236. In 1985, amendments to articles 90 and 91 of the Constitution were adopted by Congress, but will have to be approved by the new legislature, elected in November 1989, in order to enter into force. According to the amendment to article 90, military tribunals cannot have jurisdiction over persons who do not belong to the armed forces except in cases provided by the law; the Special Rapporteur was informed by the military that this amendment was necessary in order to prevent civilians going unpunished if they were involved in a crime which was only punishable under military penal law, Buch as: incitement to mutiny. The amendment to article 91 says that in case6 where a military and a civilian are involved, the civilian courts will be competent if the alleged infraction of the law can be characterized as an offence under normal penal law. 237. The Special Rapporteur was informed by the President of the Supreme Court that he was not in favour of these amendments as their entering into force would detract from the competence of the civilian court in matters in which civilians were involved and which therefore should be dealt with by civilian courts. 238. If a member of the police or the military is suspected of having acted in violation of article 333 of the Penal Code (illegal detention, torture, etc.), for example, as a result of a habeas corpus procedure, the Supreme Court informs the Ministry of the Interior who should request the competent military authorities to take the appropriate steps. If the suspected person is a high-ranking officer, the case is reported to Congress, which in turn informs the President as Supreme Commander-in-Chief. 239. The Special Rapporteur wa6 informed by the authorities that the recently appointed director of police had dismissed some 100 policemen who had abused their authority. He was also informed that more than 1,200 members of the police and of the armed forces had been brought to trial or disciplined because of illegal arrest and/or torture and that presently 15 policemen were serving prison sentences. 2A0. The Special Rapporteur, however, was unable to find in the documentaticm provided to him, detailed information about the charges brought against and the sentences passed on such members of the police and the military, nor could he find a breakdown of the various crimes committed by them. 241. In 1987, the Inter-Agency Committee on Human Rights was established to monitor the human rights situation in the country and co-ordinate the various activities of the different branches of the State. Its task is mainly advisory, although in practice it investigates allegations which have been reported to the Government by United Nations human rights procedures and mechanisms, regional organs and non-governmental organizations. It is composed of representatives of the Congressional Commission for the Application of the Constitution, the Supreme Court (represented by its prosecutor), the Ministry of the Interior, the Ministry of Foreign Affairs and the Armed Forces. It is chaired by the Attorney-General of the Republic. It i6 an independent body which reports directly to Congress and to the President. The Committee has an auxiliary staff which can carry out, in an

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