presided over by a military officer is a violation of the Charter. It has already been pointed out that the military tribunal fails the independence test. 45. The complainant alleges a violation of Articles 5 and 6 of the Charter. No details of the specific elements that constitute such claims are made in the complaint. In the absence of such information, the Commission cannot find a violation as alleged. Holding For the above reasons, the Commission Holds a violation of Articles 7(1) (a), 7 (1) (c) of the Charter Urges the Government of the Federal Republic of Nigeria to bring its laws in conformity with the Charter by repealing the offending decree. Requests the Government of the Federal Republic of Nigeria to compensate the victims, as appropriate. Tripoli, Libya, 23rd April to 7th May 2001. 1 In General Comment No 13 (XXI/1984) para.4 the UN Human Rights Committee argues that "While the Covenant does not prohibit such categories of courts (military or special courts which try civilians), nevertheless the conditions which it lays down clearly indicate that the trying of civilians by such courts should be very exceptional and take place under conditions which genuinely afford the full guarantees stipulated in Article 14". 2 In Communications 137/94, 139/94, 154/96 and 161/97 International PEN, Constitutional Rights Project, and Civil Liberties Organisation, Interights (On behalf of Ken Saro-Wiwa Jnr/Nigeria, the Commission found that trials held under the Civil Disturbances (Special Tribunals) Decree No 2 of 1987 were in violation of the Charter in that the judgements of the tribunals were not subject to appeal but had to be confirmed by the Provisional Ruling Council, the members of which were military officers. The decree effectively ousts the jurisdiction of the ordinary courts and as such they had no access to a competent, independent, fair and impartial court (vide Compilation, ibid; para. 89-101). 3 Editor's note: The correct reference is subsection e, not a. 4 UN Human Rights Committee General Comment No 13 (XXI/1984), para 6. 6