The bill amending and supplementing Order 71-28 on the Code of Military Justice was presented yesterday to the AFN Commission. Submitted to the Assembly Committee by the Minister of Relations with Parliament, the text aims to "establish appeal courts in line with the Constitution which enshrined the principle of dual jurisdiction, through the creation of military courts for this purpose," said a statement from the NPC[ National People's Congress]. There is also talk of "instituting a military court of appeal with the creation of an indictment chamber in this Court," the statement added.
Regarding the organization of the jurisdiction of the military courts, the text proposes to "extend the military tribunal component to military judges," added the same source, and that "military courts are competent to deal with crimes committed by the military or civilians under the Department of National Defense." [Emphasis added.]
With regard to military procedures, the bill "proposes to maintain the control exercised by the Supreme Court and the prerogatives of the Minister of Defense in instituting proceedings before military courts, in addition to adapting military criminal procedures to the provisions of the Code of Criminal Procedure ".Human rights jurisprudence strongly disfavors the exercise of military court jurisdiction over civilians.