Military courts, drug offenses, and fair trial guarantees

The UN's Working Group on Arbitrary Detention has conducted a study of arbitrary detention relating to drug policies. In a discussion of human rights violations resulting in arbitrary detention for drug-related offenses, the Working Group's report comments on the "lack of observance of fair trial guarantees":

Military and other special courts

33. In the Russian Federation, military personnel charged with drug-related offences are tried in military courts. In Lebanon, military courts have jurisdiction over drug-related offences for military personnel, except for recruits who commit offences that are not service related. Members of the internal security and public security forces are also subject to military jurisdiction for such offences. Civilian officers of the Ministry of National Defence, the army, the military courts and the internal security and public security forces are subject to military jurisdiction if the offences were committed in the exercise of their duties. In Mexico, military personnel charged with drug-related offences may in certain circumstances be tried in military courts.

34. Special State security courts or emergency courts, which lack many fair trial guarantees provided for by human rights law, have been used in Egypt, Iran (Islamic Republic of) and Yemen to try civilians accused of drug trafficking. In Pakistan, special courts established to try terrorism cases have also been used to try drug traffickers. [Footnotes omitted.]