{ rp~,ACHPR ~ ('xtJ."iJ~ African Commission on Human and Peoples' Rights Human Rights our Collective Responsibility 129. The Complainants backed this submission citing the provisions of Article 2 of the Code of Military Justice, the law guiding the eligibility of judges to be 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 military.u-means that judges sitting in military courts must be active members of the armed forces. They argued that 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.U! 130. The Complainants added that their selection process and the judges' 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 Military Services, which lists several disciplining measures (including forced retirement) determined solely by a committee of officers of the armed forces.11S 131. The Complainant continued to fault the justice system, submitting that being active members of the armed forces, military prosecutors and judges report to higher-ranking officers, stating that if a judge of the military court is ruling on a case that implicates legally or politically- higher ranked military officers, he would effectively be issuing a judgment regarding individuals that he is obliged to report to and to follow orders from. They submitted that according to Article 101 of the Code afServices, 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.t= To this effect, they stated that the judges therefore must make decisions within a framework that does not provide structural independence from the executive branch.ll? 132. Associating it with the facts at hand, the complainant submitted that the First Victim's legal action before the military court, the prosecutors and the judges had to deal with a Code of Miliian] Justice, Law 25/1966 (as amended), published in the Official Gazette on [un 1, 1966, Article 2. (hereinafter -Code of Militanj Justice"), see relevant Articles in Annex 15. 207 Code of Militanj Justice, Arts. 1,54, see relevant Articles in Annex 15. 114 Code of Military Justice, Arts. 1, 54, see relevant Articles in Annex 15 113 Code for the Conditions of Service and Promotion of Officers of the Armed Forces, Law 232/1959, Articles 110, 112, 134, see relevant Articles in Annex 16. 116 Code for the Conditions of Service and Promotion of Officers of the Armed Forces, Art. 101, see relevant Articles in Annex 16. 117 See, Paragraph 173 115 30 I P age