File 5257/1919 'Persia: the Military Commission' [‎48r] (100/534)

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29
er b 7 a Comt t
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Article 25. —Open or Secret Trial. .
, Courts-martial except Field General Court-martial trial shall be open,
tout trial may be conducted in secret either at the discretion of the Court or on the
order of the convening officer.
► Article 26 .—Summary of Evidence.
firm ?? the discovery of a serious crime or misdemeanour coming within the jurisdic-
\ ourt-inartial, the officer empowered to summon accused before a Court-
martial shall order a summary of evidence to be taken.
^ n ^ erro - a ^ on an< ^ Collection of Evidence during {'preliminary)
g 'try. ^
ex ^ m ™ n £ officer {juge informateur) has the right, when circumstances
ii ’ ai3 ( r w .^ en there is no special urgency, to carry out interrogation and the
10l p evidenc ^ the knowledge and in the presence of the Commanding
police 1 " offic^ials aCCUSe( ^ , no,n " m tlitary persons shall be interrogated by the civil or
Article Persons Disqualified from, Acting as Examining Officers.
Except in circumstances of great urgency, the following are disqualified from
ac mg as examining officer, members of the family of accused or of his wife, relatives
o accused within four degrees of relationship. Similarly where there is association
(in business, &c.), between the examining officer and the’accused, it is impossible to
obtain an impartial and reliable preliminary enquiry. Where the conditions of this
article have not been observed the Court may demand a fresh enquiry.
Article 29.— Accused's right of defence.
The accused has the right to address the Court in his own defence.
Article 30.—General method of conducting a case before a Court-martial,
. . (f) statement of the charge and the summary of evidence together with all
objects and articles relating to the proof of the charge, shall be presented to the
authority 1 ^ 6 C0Ult Shal] assemble at the P lace and time appointed by the convening
(3.) The president must first of all give instructions that, when circumstances
require, expert witnesses shall be consulted and their opinion considered.
^ fhe commencement of the sitting of the Court, the president shall remind
the members of their duty m accordance with Article 12 , and point out to the
witnesses and experts their responsibility in the case of false evidence.
Note E—The officer appointed to take the summarv of evidence should have a
higher rank than the accused. " e a
Note 2. Before the time of the opening of the Court the president shall
summon the witnesses, if military through their Commanding Officer, and if non-
military through the local police authority.
(5.) Witnesses must be prepared to be sworn. In order to prevent collusion
mr,™ • wfnesses, evidence will be taken separately, and they are forbidden to
communicate with one another.
^ ^ C° ur t-ttiartial the prosecutor {procureur general, mudai-ul-
umum) and m other Courts-martial the president, shall read the charge.
/qtu! 6 ac P llse( ^ shall be allowed to make a statement.
jmr! thJ f-i w ^ tnes ? es rtmll be brought before the Court and examined separately
r articles proving the charge which are in possession of the prosecutor (lit. “ in
cU n v! UI u ) shall be produced. The expert witnesses and the accused himself
shall be heard (see Notes (7) and ( 8 )). uimseu
, rv.AJfi r^ g T enta k Court-martial and Divisional Court-martial the president
( uenerai Court-martial the prosecutor {procureur general) begins by stating the
case. ^ &
n i x stat ? ment ^ w ith the accused.
11- J he 9 0Urt wit bdraw to another room, decide the guilt (or innocencef of
the accused, and pass sentence in accordance with one of the articles of this Code.