COMMONWEALTH OF PUERTO RICO
OFFICE OF THE MILITARY GOVERNOR
Fort Buchanan, P.R.
October 16, 1956
General Orders
No. 4
By virtue of the power vested in me as Military Governor, the following policy governing the trial of civilians by Military Commission and Provost Courts is announced for the information and guidance of all concerned:
1.Military commissions and provost courts shall have power to try and determine any case involving any offense committed against the laws of the United States, the laws of the Commonwealth of Puerto Rico or the rules, regulations, orders or policies of the military authorities. The jurisdiction thus given does not include the right to try commissioned or enlisted personnel of the United States armed forces. Such persons shall be turned over to their respective services for disposition.
2. Military commissions and provost courts will adjudge sentences commensurate with the offense committed. Ordinarily, the sentence will not exceed the limit of punishment prescribed for similar offenses by the laws of the United States or the Commonwealth of Puerto Rico. However, the courts are not bound by the limits of punishment prescribed in said laws and in aggravated cases and in cases of repeated offenses the courts may adjudge an appropriate sentence.
3. The record of trial cases before military commissions will be substantially similar to that required in a special court martial. The record of trial cases before provost courts will be substantially similar to that in the case of a Summary Court Martial.
4. The procedure in trials before military commissions and provost courts will follow, so far as it is applicable, the procedure required for Special and Summary Courts Martial respectively.
5. The records of trial in all cases will be forwarded to the Department of Judge Advocate. The sentences adjudged by provost courts shall become effective immediately. The sentence adjudged by a military commission shall not become effective until it shall have been approved by the Military Governor.
6. All charges against civilian prisoners shall be preferred by the Department of Provost Marshal or one of his assistants.
7. The Provost Marshal is responsible for the prompt trial of all civilian prisoners and for carrying out the sentence adjudged by the court.
8. Charges involving all major offenses shall be referred to a military commission for trial. Other cases of lesser degree shall be referred to provost courts. The maximum punishment which a provost court may adjudge is confinement for a period of 5 years, and a fine not to exceed $10,000.00. MILITARY COMMISSIONS MAY ADJUDGE PUNISHMENT COMMENSURATE WITH THE OFFENSE COMMITTED AND MAY ADJUDGE THE DEATH PENALTY IN APPROPRIATE CASES.
9. In adjudging sentences, provost courts and military commissions will be guided by, but not limited to the penalties authorized by the courts martial manual, the laws of the United States, the Commonwealth of Puerto Rico, the District of Columbia, and the customs of laws in like cases.
By Order of the Military Governor:
William Kelly Harrison, Jr.
William Kelly Harrison, Jr.
Lt. Gen. United States Army
Executive Officer