مبدأ المحاكمة العادلة في ظل القضاء العسكري

Abstract

"This research sought to examine the extent to which the principle of a fair trial is applied in the Algerian military judiciary, by examining the legal framework governing it and analyzing the procedural guarantees guaranteed within it. The study demonstrated that military justice is characterized by a special nature that requires a legal regulation separate from that of ordinary justice. This raises issues regarding the extent to which litigants' rights are respected, particularly military personnel and those in a similar position. By analyzing the Military Justice Code, amended by Law 18-14, and comparing it with international standards, it was found that Algerian lawmakers have taken positive steps toward adapting military justice to the principle of a fair trial by establishing the principle of two-tiered litigation, strengthening the independence of military judges, and improving procedural guarantees. However, there are ongoing challenges related to issues such as the disallowance of civil claims before military courts, the administrative subordination of military judges, and deficiencies in some aspects related to defense rights. Finally, the study recommended the need to strengthen harmony between military justice and common law and to ensure the protection of fundamental rights and freedoms within the military institution, achieving a balance between military discipline and legal justice. "