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1. Introductory
provisions
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Article 07-The
Military Code and Prison Code
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| 7.1 |
Military Code and Prison Code |
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The Military Code shall be responsible for the conditions and rules of military law and operations of the military courts, whereas the Prison Code shall be responsible for the administering the code of conduct, functions and operations of all correctional facilities and systems both civilian and military.
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Under the codes of African Union, both the Judicial Code and the Military Code share the same essential procedures and rules of judicial conduct, evidence, juries, rights of the accused and procedures of the courts. However the Military Courts have sole jurisdiction of military law and can also hear criminal and civil law matters in times of war and state of emergency, the judicial courts may only hear civil and/or criminal matters.
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The Judicial Code does not have jurisdiction over the military, nor military matters including the handling and rights of military prisoners.
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However, all prisoners remanded under Military law are subject to correctional facility procedures and conditions of the Prison Code. |
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It is a criminal offence for any military personnel to detain a person, except under the conduct and guidelines of the Prison Code. |
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