Judicial authority supports conditional military trials of civilians

The state commissioners on Monday supported the referral of civilians to military courts if they threaten the security of society and the state.

The decision came in response to a lawsuit filed by the wife of a civilian being tried by a military court.

In their report, the state commissioners said there are legitimate frameworks set by the law, such as the provisions of Article 6 of the military judiciary law, which allows the president to refer certain crimes to a military court in the interest of public good.

The report also said that military courts are like other courts and do adhere to the provisions of the Constitution, and that the Supreme Constitutional Court had previously ruled on the constitutionality of military courts, which ends argumentation over this matter since all state authorities abide by the decisions of that court.

The report concluded by saying that this issue requires legislation for Parliament to approve.

On 10 April, the People’s Assembly approved in principle amending certain provisions of the military judiciary law, and abolishing Article 6, which gives the president the right to refer civilians to military tribunals if a state of emergency is declared. The removal of Article 6 means military courts will no longer have the power to refer crimes to their jurisdiction on a case by case basis.

The amendments need to be approved by the SCAF in order to take effect.

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