8
adjustment to international standards is especially important for the State’s domestic
legislation and for the regional human rights system.
*
*
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27.
That in relation to i) the duty to adjust the domestic juridical ordinance to
international standards on military criminal jurisdiction and the establishment, through
the legislation, of limits to the material and personal competence of military courts, and
ii) the duty to guarantee the due process in the military criminal jurisdiction and the
judicial protection regarding the actions of military authorities, the State informed that:
a)
on January 9, 2006 it held a meeting with the presence of the Secretaries
of Foreign Affairs, of Defense, and of Justice, in which they agreed on “the
creation of a inter-ministerial work team in charge of organizing the reform
works” and that on January 26, 2006 “a Special Commission in charge of
analyzing and presenting a reform of military criminal justice was created.” This
Special Commission was conformed by representatives of the Ministries of the
Interior, of Foreign Affairs, Justice, and the Armed Forces and Order. According to
that decided in its initial session, said Commission “will revise the aspects
regarding the due process, independence, impartiality, and processing of civilians
in the military justice. Besides, it will deal with the process and organic structure
of the courts that make up the Military Justice.” The State informed that in its
second session, on April 6, 2006, “they agreed to invite experts and some
members of the Supreme Court that [had] preferably acted in the Court-Martial.
In the same manner, they concluded there was a need to have a technical study
on the proposal of analysis and reform of the competence and proceedings of the
Military Justice.” The State indicated that in the present year “the [Special]
Commission has decided to hire the services of experts that could provide reports
on the different matters that will be object of the reforms” and that for the end of
the second semester of 2007, the State hoped to have “a proposal of said
Commission that will allow it to prepare a bill that includes the matters previously
indicated […].”
b)
On July 3, 2007 the approval process before the National Congress of the
bill sent by the Presidency of the Republic through which it proposed the reform
to the Code of Military Justice, “[…] limiting the competence of the Military
Tribunals and eliminating the death penalty,” was started, and a copy of said
project was enclosed. The following are among the main modifications proposed
in this bill:
i)
It establishes the jurisdiction of Military Tribunals over members of
the military to prosecute matters of military jurisdiction as a general rule,
although it acknowledged exceptions to said principle;
ii)
It modifies competence in reason of the matter of military
tribunals;
iii)
It determines the people that will be considered members of the
military for the effects of the military jurisdiction;
iv)
It establishes rules of competence between military justice and
ordinary justice;
v)
It eliminates the death penalty from the Code of Military Justice
and from the national legal ordinance.
The presidential message that accompanies the project states that “[…] this
project is a partial and prudent solution because there is awareness that he