,'"rl ACHPR African Commission on Human and Peoples' Rights Human Rights our Collective Responsibility by military personnel, to the exclusion of human rights violations.'?' In the same vein, the Commission notes Principle NO.9 of the Draft Principles on Military Justice adopted by the former UN Human Rights Commission that, "[i]n all circumstances, the jurisdiction of military courts should be set aside in favour of the jurisdiction of the ordinary courts to conduct inquiries into serious human rights violations such as extrajudicial executions, enforced disappearances and torture, and to prosecute and try persons accused of such crimes.l'" 231. It also notes the Inter-American Court position in Pueblo Bello Massacre v. Colombia that adamantly rejected the appropriateness of trying military personnel accused of gross human rights violations before military courts stating that human rights abuses committed by military personnel do not fall in the category of cases to be tried by military courts and that military criminal jurisdiction should be limited to -only try military personnel for committing crimes or misdemeanours that, due to their very nature, harm the juridical interests of the military system. 232. In particular, the Commission drives position from La Cantuta v. Peru,193 where the Inter-American Court stated that -military courts do not guarantee the necessary independence and impartiality to try cases involving members of the Armed Forces. The Court noted that the characteristics like hierarchical subordination and the fact that military judges are on active duty, make it impossible to regard military courts as a true judicial system. 233. Furthermore, in Pueblo Massacre v. Coiombia.v+ also cited by the complainants, the court positioned that the military justice system is not within the formal judicial branch and that the military justice system simply could not be independent or impartial in trying military officials for human rights abuses 234. Interrogating the facts of this case, the Commission finds a sticking point as to whether the Egyptian Court system, composed of active military officials, qualifies to be United Nations, Report of Diane Orentlicher, independent expert to update the Set of principles to combat impunity, Updated Set of principles for the protection and promotion of human rights through action to combat impunity, E/CN.4/2005/102/ Add.I, 08/02/2005 191 541 P a t; c ~':I'" Africanf. Union \ hltps:/achpr.du.m!lO 0 D