3.5 Upon NIHR review of the requests submitted by the relatives
or legal representatives of the convicts to the Public Prosecution
or the Military Prosecution, the records of their visits and the
communications made between them, and by reference to the
provisions of the International Convention for the Protection
of All Persons from Enforced Disappearance, adopted by
the General Assembly of the United Nations in its resolution
61/177 of 20 December 2006, in particular the crime of
“enforced disappearance”, it appears that the provisions of
the International Convention do not apply in any way to the
actions taken with respect to the convicts in the present case, as
confirmed by the relatives of the convicts in the aforementioned
applications to the investigation authorities, as well as the log
of contacts and visits that were made between the convicts
and their relatives. As such, NIHR considers that the reported
allegations of “enforced disappearances” crime related to the
convicts in the present case are not consistent with international,
regional and national human rights standards.
3.6 NIHR commends the cooperation of the Military Justice for
NIHR attendance of the hearings before the High Military Court,
The Supreme Military Court of Appeal and the Military Court
of Cassation which reflects the fact that all fair trial guarantees
are available before the military or ordinary criminal courts.
3.7 NIHR appreciates the response of the Military Justice in record
time to requests for copies of the minutes of the investigation
by the Public Prosecution and the Military Prosecution with the
convicts and requests for their presentation to forensic medicine,
forensic reports received by Terrorist Crimes Prosecution and
the Military Prosecution, in addition to the forensic reports
received by the court that are legally competent to hear the case,
the communications provided by the relatives and lawyers of the
convicts to the Public Prosecution or the Military Prosecution,
and the record of visits and communications between them and
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