3. Any detention in respect of counter-terrorism measures should not be arbitrary as the term
has been defined in relation to the prohibition contained in the ICCPR and which is likely
to have become a principle of customary international law to which all States are bound.
4. 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.
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 Republic of Korea (Korea) is a party to the ICCPR,260 First Optional Protocol,261
CAT,262 CRC263 CERD264 and the Refugees Convention.265
Korea is not a party to the Protocol to the Maritime Navigation Convention.
Korea is a signatory to the following Conventions on Terrorism:
•
Terrorist Bombings Convention; and
•
Financing of Terrorism Convention.
260
The Republic of Korea ratified the ICCPR on 10 April 1990.
261
The Republic of Korea acceded to the First Optional Protocol on 10 July 1990.
262
The Republic of Korea acceded to CAT on 9 January 1995.
263
The Republic of Korea ratified the CRC on 20 November 1991.
264
The Republic of Korea ratified CERD on 5 December 1978.
265
The Republic of Korea acceded to the Refugees Convention on 3 December 1992.
120