Chapter 4 • Independence and Impartiality of Judges, Prosecutors and Lawyers
non-military persons should be conducted in civilian courts before an independent and
impartial judiciary”.100
The Committee further expressed its concern that the Government of Nigeria
had “not abrogated the decrees establishing special tribunals or those revoking normal
constitutional guarantees of fundamental rights as well as the jurisdiction of the normal
courts”.101 It emphasized that “all decrees revoking or limiting guarantees of
fundamental rights and freedoms should be abrogated”, and that all “courts and
tribunals must comply with all standards of fair trial and guarantees of justice prescribed
by article 14 of the Covenant”.102 Similarly, the Committee has noted with concern that
special courts in Iraq “may impose the death penalty”, although they “do not provide
for all procedural guarantees required by article 14 of the Covenant, and in particular
the right of appeal”. It informed the State party in this respect that “Courts exercising
criminal jurisdiction should not be constituted other than by independent and impartial
judges, in accordance with article 14, paragraph 1, of the Covenant”; and, further, that
“the jurisdiction of such courts should be strictly defined by law and all procedural
safeguards protected by article 14, including the right of appeal, should be fully
respected”.103
The question of military tribunals has also arisen with regard to Cameroon,
with the Committee expressing concern about the jurisdiction of military courts over
civilians and about the extension of that jurisdiction to offences which are not per se of
a military nature, for example all offences involving firearms. The Committee
consequently recommended that the State party “should ensure that the jurisdiction of
military tribunals is limited to military offences committed by military personnel”.104
With regard to Guatemala the Committee noted that “the wide jurisdiction of the
military courts to hear all cases involving the trial of military personnel and their powers
to decide cases that belong to the ordinary courts contribute to the impunity enjoyed by
such personnel and prevent their punishment for serious human rights violations”. The
Committee consequently informed the State party that it should “amend the law to
limit the jurisdiction of the military courts to the trial of military personnel who are
accused of crimes of an exclusively military nature”.105 The same recommendation was
made to Uzbekistan after the Committee had expressed concern about the “broad
jurisdiction” of the military courts, which was “not confined to criminal cases involving
members of the armed forces but also covers civil and criminal cases when, in the
opinion of the executive, the exceptional circumstances of a particular case do not allow
the operation of courts of general jurisdiction”.106 After having also considered with
concern “the broad scope of the jurisdiction of military courts” in Lebanon, the
Committee recommended that the State party “should review the jurisdiction of the
military courts and transfer the competence of [these] courts, in all trials concerning
100 Ibid., p. 62, para. 350.
101 Ibid., p. 51, para. 278.
102 Ibid., p. 53, para. 293.
103 UN doc. GAOR, A/53/40, pp. 20-21, para. 104.
104 UN doc. GAOR, A/55/40 (vol. I), paras. 215-216.
105 UN doc. GAOR, A/56/40 (vol. I), p. 96, para. 20.
106 Ibid., p. 61, para. 15.
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Human Rights in the Administration of Justice: A Manual on Human Rights for Judges, Prosecutors and Lawyers