assistance assigned to him, in any case where the interests of justice so require,
and without payment by him in any such case if he does not have sufficient
means to pay for it;89
•
everyone has the right to examine, or have examined, the witnesses against him
and to obtain the attendance and examination of witnesses on his behalf under the
same conditions as witnesses against them;90
•
everyone has the right to free assistance of an interpreter if they cannot
understand or speak the language used in court;91
•
everyone has the right not to be compelled to testify against themselves or to
confess guilt;92
•
everyone convicted of a crime shall have the right to the conviction and sentence
being reviewed by a higher tribunal according to law.93
Sensitivities to issues of culture, gender and age will also be relevant to fairness. The
Advisory Council also notes that, in accordance with Article 15(1), no one shall be held
guilty of any criminal offence on account of any act or omission which did not constitute a
criminal offence, under national or international law, at the time when it was committed.
Article 15(1) is the embodiment of the nulla crimen sine lege principle which is a universal
and well established principle of justice and has been set out in article 22 of the Rome Statute
of the International Criminal Court as a general principle of criminal law.94
These principles apply equally to those accused of offences of terrorism. The Advisory
Council notes that Article 9 of the Internationally Protected Persons Convention relevantly
provides for fair treatment of accused persons at all stages of the proceedings.95 The Draft
88
Article 14(2), ICCPR.
89
Article 14(3)(d), ICCPR.
90
Article 14(3)(e), ICCPR.
91
Article 14(3)(f), ICCPR.
92
Article 14(3)(g), ICCPR.
93
Article 14(5), ICCPR.
94
UN Doc A/CONF183/9. The Statute was adopted on 17 July 1998 by the United Nations Diplomatic
Conference of Plenipotentiaries on the Establishment of an International Criminal Court and entered into force 1
July 2002.
95
See also Article 8(2), Hostages Convention.
56