Tibet
Charter of the Tibetans-In-Exile
CHAPTER - VI
THE JUDICIARY
Tibetan Supreme Justice Commission - Article 62. There shall be a Tibetan Supreme Justice Commission vested with judicial powers suitable to the temporary and special needs of the Tibetan Administration and citizens in exile. It shall consist of a Chief Tibetan Justice Commissioner until such time as the Tibetan Assembly appointments additional Justice Commissioners of law.
Chief Tibetan Justice Commissioner of the Tibetan Supreme Justice Commission - Article 63.
(1) The Chief Tibetan Justice Commissioner of the Tibetan Supreme Justice Commission shall be appointed by His Holiness the Dalai Lama, and if supported by more than two-thirds of the total members of the Tibetan Assembly, he or she shall be appointed as the Chief Tibetan Justice Commissioner by His Holiness the Dalai Lama in His capacity as the chief executive of the Tibetan Administration.
(2) No person shall be qualified for appointment as a Chief Tibetan Justice Commissioner of the Tibetan Supreme Justice Commission unless he or she is a citizen of Tibet and has the experience of being in the legal profession for 5 consecutive years in any court of law, or has been a licensed attorney for at least 10 years. Provided that for a period of 10 years from the commencement of the operation of this Charter, the appointment of the Chief Tibetan Justice Commissioner shall not be subject to the qualification requirements specified in this Article.
(3) A Tibetan who is appointed as the Chief Tibetan Justice Commissioner shall, before assuming office, take and subscribe an oath and affirmation of office in the presence of His Holiness the Dalai Lama according to the form prescribed by law.
(4) Unless a resolution is passed demanding the removal of the Chief Tibetan Justice Commissioner of the Tibetan Supreme Justice Commission by more than two-thirds of the total members of the Tibetan Assembly and with the assent of His Holiness the Dalai Lama, the Chief Tibetan Justice Commissioner of the Tibetan Supreme Justice Commission shall continue to discharge his or her duties until the age of 65.
(5) Any person upon retirement or resignation from the position of the Chief Tibetan Justice Commissioner of the Tibetan Supreme Justice Commission may not be allowed to hold any profit-orientated office in the Tibetan Administration.
(6) In the event of a fixed duration of leave sought by the Chief Tibetan Justice Commissioner of the Tibetan Supreme Justice Commission, his or her replacement shall be appointed as prescribed in Article (67) of this Charter by law.
A Committee of Jurors - Article 64.
(1) There shall be a permanent jury, consisting of three citizens, to assist in the judicial proceedings of the Chief Tibetan Justice Commissioner of the Tibetan Supreme Justice Commission. The members of such a jury shall be appointed by the Chief Tibetan Justice Commissioner of the Tibetan Supreme Justice Commission in consultation with the Kashag. At least two of the three jurors shall have obtained law degrees from recognised Law Schools. The term of office of the Members of the Committee of Jurors shall be three years. Provided that no restriction is made regarding his or her appointment for subsequent terms of office.
(2) If at any time a judicial enquiry is deemed necessary in regards to major cases, the Chief Tibetan Justice Commissioner of the Tibetan Supreme Justice Commission shall from time to time directly appoint a jury consisting of not more than 9 Tibetan citizens, who have experience in matters of law, in addition to the 3 regular jurors.
Salary of the Chief Tibetan Justice Commissioner - Article 65.
(1) The Chief Tibetan Justice Commissioner of the Tibetan Supreme Justice Commission shall be entitled to receive salary, allowances, pensions, and other priviledges as determined by the Tibetan Assembly according to law.
(2) The salary, allowances and other priviledges of the Chief Tibetan Justice Commissioner of the Tibetan Supreme Justice Commission shall not be altered or reduced to the detriment of his or her priviledges during his or her term of office.
Jurisdiction of the Tibetan Supreme Justice Commission - Article 66.
(1) The Tibetan Supreme Justice Commission shall be the supreme appellate court regarding legal issues involving individuals and public institutions of the Tibetans-in-Exile. It shall be the highest judicial authority of the Tibetan Administration.
(2) As all Tibetans-in-Exile are required to adhere to the laws of the respective host countries, the Tibetan Supreme Justice Commission shall have no authority over civil and criminal proceedings while in exile. It will nevertheless exercise its authority over the following:
a) cases involving interpretation of the wordings of the Charter of the Tibetans-in-Exile;
b) cases involving issues of fairness on the conduct of business of the executive departments or civil servants of the Tibetan Administration;
c) cases involving redressal of grievances regarding the services of civil servants of the Tibetan Administration and such institutions under its jurisdiction;
d) disputes involving land and property in the Tibetan settlements;
e) cases of arbitration involving Tibetan communal disputes, social welfare and security;
f) pronouncement of judgements in types of cases other than those specified in this Article; and
g) it shall have the authority over and offer guidance to the Tibetan Local Justice Commissions and the Tibetan Administration in regard to their conduct of business involving legal matters.
Rules of Procedure and Code of Law of the Tibetan Supreme Justice Commission - Article 67. Subject to the provisions of any law as specified in this Charter passed by the Tibetan Assembly, the Tibetan Supreme Justice Commission shall make its own rules of procedure and codes of law, and once approved by His Holiness the Dalai Lama, they shall come into effect.
Obtaining Opinion from the Tibetan Supreme Justice Commission - Article 68. The Tibetan Supreme Justice Commission may issue the following types of opinions in the following matters:
(1) regarding interpretation of the terms, phrases and meanings of this Charter;
(2) concerning legal matters of a significant nature, or a fact of such nature that has arisen or is likely to arise; and
(3) other matters of legal ambiguity. Whenever His Holiness the Dalai Lama asks for its opinions, the Tibetan Supreme Justice Commission shall submit its views and opinions on legal issues.
Tibetan Local Justice Commission - Article 69.
(1) The Tibetan Supreme Justice Commission may, from time to time, authorize the Tibetan Administrator of a respective Tibetan settlement, or a Tibetan civil servant, or any other Tibetan person thereof, to conduct legal business, of a permanent or temporary nature, as a circuit Tibetan Local Justice Commissioner.
(2) Whenever needed, a Commission of Jurors or Judges to assist in the judicial proceedings of the Tibetan Local Justice Commissioner shall be appointed, as the need may be, by the Supreme Tibetan Justice Commissioner.
Office of the Tibetan Judicial Administration - Article 70. Under the Supreme Tibetan Justice Commissioner an Office of the Tibetan Judicial Administration may be established. This office shall offer guidance to the Kashag, the Tibetan Assembly, and individual members thereof in connection with judicial matters and preparation of bills.
Charter of the Tibetans-In-Exile