law.80 Article 14 of the ICCPR sets out the general standards required of the judicial
system with the following guarantees stipulated:81
•
all persons shall be equal before the courts;82
•
everyone shall be entitled to be informed promptly and in detail of the nature and
cause of the charge;83
•
the right to adequate time and facilities for the preparation of a defence and to
communicate with counsel of their own choosing;84
•
all persons shall have a fair and public hearing by a competent, independent and
impartial tribunal established by law;85
•
the press and public may be excluded from all or part of a trial for reasons of
moral, public order or national security in a democratic society and for limited
other reasons;86
•
any judgment rendered in a criminal case or in a suit at law shall be made public
except where the interest of juvenile persons otherwise requires;87
•
everyone charged with a criminal offence shall have the right to be presumed
innocent until proved guilty according to law;88
•
everyone has the right to be tried in his presence, and to defend himself in person
or through legal assistance of his own choosing; everyone has the right to be
informed, if he does not have legal assistance, of this right; and to have legal
80
Article 14(1), ICCPR. The Human Rights Committee has expressed particular concern over the use of
military and other special courts to prosecute terrorism related offences, saying such courts raise serious doubts
about independence and impartiality. See, for example, Concluding Observations: Columbia
CCPR/C/79/Add.76 (1997); Concluding Observations: Peru CCPR/C/79Add.67 (1996). It has urged that
civilians be tried in all cases by ordinary civilian courts and has stressed the importance of the right to appeal.
See Concluding Observations: Slovakia CCPR/C/79/Add.79 (1997); Concluding Observations: Lebanon
CCPR/C/79/Add.78 (1997); Concluding Observations: Egypt CCPR/CO/76/EGY (2002); Concluding
Observations: France CCPR/C/79/Add.80 (1997); Concluding Observations: Spain CCPR/C/79/Add.61 (1996).
81
We note here that the Human Rights Committee has criticised the reports of States parties which it said in
general failed to recognise that article 14 applies not only to procedures for the determination of criminal
charges against individuals but also to procedures to determine their rights and obligations in a suit at law (See
General Comment 13, ICCPR, Equality before the courts and the right to a fair and public hearing by an
independent court established by law (Art 14) (1984) at para 2).
82
Article 14(1), ICCPR.
83
Article 14(3)(a) ICCPR.
84
Article 14(3)(b) ICCPR.
85
Article 14(1), ICCPR.
86
Article 14(1), ICCPR.
87
Article 14(1), ICCPR.
55