p.CHPIi (~ r) 6~!jE:f={ Human Riqhts our Human and Peoples' Rights Collective Responsibility independent in the scope of guarantees needed in Article 26 of the Charter; Also, whether the offences charged were military nature to be tried by the military courts. 235. Going through the account for the legal structure of the Egyptian Judicial architecture in records, provisions of Article 2 of the Code of Military Justice, the law guiding the eligibility of judges in Egypt, it is clear that it is determined by the Code for the Conditions of Service and Promotion of Officers of the Armed Forces (Law 232/1959 or -Code of Military Services), which only applies to members of the militaryl'" and indeed it means that judges sitting in military courts must be active members of the armed forces. Further, the judges are selected by the head of the military justice system and are appointed by the Minister of Defense, a member of the executive,196Their selection process and tenure are also not guaranteed as it remains at the behest of the executive, citing provisions of Articles 110, 112 NS 134 of the Code of Militanj Services, which lists several disciplining measures (including forced retirement) determined solely by a committee of officers of the armed forces.t"? Article 101 of the Code of Services, all officers must take an oath of allegiance to a person or entity determined by the President of the Republic (the head of the executive branch) before commencing their service.l'" Based on these facts, the Commission poses a rhetorical question, whether the court can be said to be impartial or independent in the circumstances. 236. The Complainant also narrated facts faulting the impartiality of the court in Paragraph 174 that the First Victim's legal action before the military court, the prosecutors and the judges had to deal with a case that implicated at least four generals from the Supreme Council of Armed Forces, who had admitted that virginity tests or forced genital examinations were a routine practice; the head of the military and judiciary and the direct superior of the judge sitting in the military court in question, who had completely denied in December 2012 that such practices take place, stating that there -was no decision in the first place to conduct virginity tests and no provision for such a procedure in the regulations of military prisons.t=.And to make things worse, the Complainants in paragraphs 177 to Paragraph 185 with supporting references, accounted for incidences that reasonably showed trends of favouritism and the military [ustice, Law 25/1966 (as amended), published in the Official Gazette on Jun 1, 1966, Article 2. (hereinafter -Code of Military Justice"), see relevant Articles in Annex 15. 207 Code of Militanj Justice, Arts. 1, 54, see relevant Articles in Annex 15. 195 Code of Militanj 196 Code of Military Justice, Arts. 1,54, see relevant Articles in Annex 15 551 P a g C African' Union The African Commission 31 Bijilo Annex Lay. We Phone: (220) 230 43 Email: au-ba~~~~~;s'