ti"·f" ACH PR ~. .) taru.U) ,. African Commission o~ Human and Peoples' Rights Human Rights our Collective Responsibility 226. The Commission, recalls its Principles of Fair TriaL, notably sections A4(a) and A4(g) which respectively goes that an independent court/judiciary exists only where there is no inappropriate or unwarranted interference with the judicial process nor decisions by judicial bodies, except only through judicial reviews by competent authorities, under the law; and that that -[a]ll judicial bodies must be independent of the executive branch. 227. As to the dimensions of this independence, the Commission reaffirms its position in Marcel Wetsh "okonda Koso and others v. DR087 that independence of Judiciary implies that the consideration of the mode of designation of its members, the duration of their mandate, the existence of protection against external pressures and the issue of real or perceived independence. 228. Specifically, on the use of military Courts of Judicature, the Commission notes a general trend in its jurisprudence, in other regions' systems and at the level of the United Nations discouraging it. To this effect, the Commission recalls its view in the Law Office of Ghazi Suleiman v. Sudan,188 that Civilians appearing before and being tried by a military court presided over by active military officers who are still under military regulations violate the fundamental principles of fair trial. 229. This similar view is also reflected in the Principles of Fair Trial, which provides categorically that 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 the ordinary judicial bodies.V? Moreover, it provides that the only purpose of Military Courts shall be to determine offences of a purely military nature committed by military personnel and while exercising this function, Military courts should not in any circumstances whatsoever have jurisdiction over civilians. Similarly, Special Tribunals should not try offences which fall within the jurisdiction of regular courts.l'v 230. The Commission notes a general United Nations Principles for the Protection and Promotion of Human Rights through Action to Combat Impunity, which states that -the jurisdiction of military tribunals must be restricted solely to specifically military offences committed African Commission, Marcel Wetsh "okonda Koso and others v. ORC, Comm. No. 281/03, para. 79. 188 Communication Nos. 222/98 and 229/99, para.64. 187 189 See, section A4(e) 190 Ibid, section L(a) and (c) 531 P a g. c African Union 9 hl'ps:/achpLau.intJO 0D