5. The constitutional right to counsel ‘preferably of his own choice’ should be applied to be ‘always’ of his own choice in accordance with the right to counsel of one’s choosing as expressed in Article 14(2)(b) of the ICCPR and the Basic Principles on Lawyers. 6. An independent and fair judicial process is required of all courts in the Philippines in accordance with international standards, particularly in light of the severe punishments that may be imposed for crimes relating to terrorism. Republic of Korea The Advisory Council of Jurists observes and recommends that: 1. The definition of terrorism in the Anti-Terrorism Bill is drafted broadly. Care must be taken that it is not used to restrict fundamental rights such as freedom of expression and association or to target vulnerable groups. 2. In administering counter-terrorism measures that may apply to children, care must be taken to ensure that the “best interests of the child” principle is a primary consideration. 3. The 10 day detention period under the Criminal Procedure Act for detained persons is in contravention of the principle of Article 9 of the ICCPR and Principle 11 of the Body of Principles on Detention. Sri Lanka The Advisory Council of Jurists observes and recommends that: 1. The legal ability to derogate from the rights listed in section 15 of the Constitution, although consistent with international law, should be exercised in very limited circumstances so as to preserve the constitutional rights to the fullest extent possible. 2. The definition of ‘terrorism’ in the Prevention of Terrorism Act No. 48 of 1979 is drafted broadly and may unintentionally include someone with an unlicensed firearm, stealing stationery from a Government Department or engaging in minor vandalism. It may 30