20 Article 14 16. Military Courts and Other Judicial Systems within the Military At present, each division of the military has a department of justice that is superintended by the division commander. The military prosecutor’s office and the general military court is installed within the department of justice. Article 11 of the Act on the Organization of National Armed Forces stipulates that a head of a unit or an agency of each service of the Armed Forces shall direct and supervise his unit or agency by order of the chief of the superior unit or agency under the formation regulations or the system of direction and supervision, which makes it possible for the court and prosecutor of the unit’s department of justice to be directly or indirectly influenced by the division commander. The military police is the primary investigative organization in the military. It is usually formed as a unit linked directly under the divisions and the provost marshal directly reports to the division commander on matters of criminal cases. The division commander is the commander of the military court jurisdiction and has the power of mitigation over the military court’s verdict, so there are concerns regarding the compromise of the independence of judiciary (para 221). Question What are measures to establish the independence of judiciary in the existing military court system?

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