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. 140 Human Rights in the Administration of Justice: A Manual on Human Rights for Judges, Prosecutors and Lawyers

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