Practice Relating to Rule 100. Fair Trial Guarantees
Section E. Necessary rights and means of defence
Guinea’s Code of Military Justice (2011) states:
CHAPTER I: THE MILITARY COURT IN TIMES OF PEACE
SECTION V: DEFENCE
Article 13: The defence before Military Courts is provided by lawyers who are members of the Bar Association of Guinea or are in training or by military officers or non-commissioned officers authorized by the Ministry of Defence.
Subject to special provisions laid down in international conventions, lawyers of foreign nationality are not admitted [to appear] before Military Courts.
Article 14: The defending officer and non-commissioned officer are subject to the same obligations and enjoy the same rights and prerogatives as a lawyer. Their services are nevertheless free of charge.
Subject to the punishments laid down by the law, lawyers, officers and all non-commissioned officers of the defense are bound by military and professional secrecy.
CHAPTER II: THE MILITARY TRIBUNAL DURING ARMED CONFLICTS
Article 16: All other provisions laid down for the functioning and operation of Military Courts in times of peace are applicable to Military Courts in times of armed conflicts.
The Code also states:
CHAPTER III: PROCEEDINGS BEFORE THE COURT
SECTION I: IN TIMES OF PEACE
Article 58: The accused or the defendant can communicate freely with their counsel.
SECTION II: DURING ARMED CONFLICTS
Article 65: … [T]he procedure before courts during an armed conflict is identical to the one applicable in times of peace.