Practice Relating to Rule 100. Fair Trial Guarantees
Section B. Trial by an independent, impartial and regularly constituted court
Guinea’s Disciplinary Regulations (2012) states: “Military personnel in combat are prohibited from … passing sentences on individuals without previous judgment pronounced by a regularly constituted court affording the judicial guarantees provided by the law”.
Guinea’s Code of Military Justice (2011) states:
Article 8: …
Under threat of nullity, a person cannot serve as chairman or judge or carry out the duties of a military examining magistrate in a case subject to the military justice system of the armed forces:
1- if he is a relative of or related by marriage to the accused up to and including first cousin;
2- if he has lodged a complaint, issued the order to initiate legal proceedings or has given testimony, or, with respect to chairs and judges only, if he has officially taken part in the investigation;
3- if he has been previously been involved in a lawsuit against the accused;
4- if he has previously been involved in the case as administrator, chair or as examining magistrate.
Relatives and persons related by marriage, up to and including uncle and nephew, cannot, under threat of nullity, be members of the same military court.
Article 9: Every accused or defendant has the right to object to the members of the military court.
Likewise, every member of the court who has a reason to object shall make a declaration to that effect.
In all cases, the court shall provide reasons for its decision.
Article 15: In times of war, permanent Military Courts can be set up at the level of every military region.
Article 17: … A military court has jurisdiction to try prisoners of war.
Article 30: In times of war, the jurisdiction of [military courts] includes:
- offences committed by prisoners of war;
- offences against the legislation on arms and ammunition;
- all offences involving a serviceman or affiliated personnel;
- related offences as defined by the Criminal Code.