24 | Principles and Guidelines on Human and Peoples’ Rights while Countering Terrorism in Africa PART ENGLISH 4 RIGHT TO FAIR TRIAL A. Fair Trial: Any individual arrested or detained shall be granted the right to a fair trial in accordance with relevant international human rights standards, in particular the African Commission on Human and Peoples’ Rights Principles and Guidelines on the Right to a Fair Trial and Legal Assistance in Africa. Explanatory Note: See, African Charter on Human and Peoples’ Rights, Articles 3 and 7(1); and, generally, ACHPR, Principles and Guidelines on the Right to a Fair Trial and Legal Assistance in Africa. B. Military of other Special Tribunals: Military Courts shall not in any circumstances whatsoever have jurisdiction over civilians. The only purpose of Military Courts shall be to determine offences of a purely military nature committed by military personnel. Military or other special tribunals that do not use the duly established procedure of the legal process shall not be created to displace the jurisdiction belonging to ordinary judicial bodies. While exercising their function, Military Courts shall be required to respect fair trial standards enunciated in the African Charter and in the African Commission on Human and Peoples’ Rights Principles and Guidelines on the Right to a Fair Trial and Legal Assistance in Africa. Explanatory Note: See, ACHPR, Principles and Guidelines on the Right to a Fair Trial and Legal Assistance in Africa, Section A(4)(e) (“Independent Tribunal”) and Section L (Right of Civilians not to be tried by Military Courts); and Comms. 54/91-61/91-96/93-98/93164/97_196/97-210/98, Malawi African Association, Amnesty International, Ms Sarr Diop, Union interafricaine des droits de l›Homme and RADDHO, Collectif des veuves et ayantsDroit, Association mauritanienne des droits de l›Homme v. Mauritania (2000), paras. 93-100. C. Evidence (i)  Use of Evidence: Statements, confessions, or other evidence obtained by any form of coercion or force, in particular, through torture and cruel, inhuman, and degrading treatment or punishment, incommunicado detention, disappearance, the absence of basic procedural guarantees, or other serious violations of internationally protected human rights shall not be used as evidence in any proceedings, except when used as evidence against an individual accused of those above abuses. Such evidence may also not be considered as probative of any fact in a proceeding, including in sentencing.