judicial oversight. They must also be necessary and proportional to the threat to national security and be non-discriminatory. DISCUSSION Search and seizure powers include the examination of a person or property and the taking of that which is discovered. They may also include interceptions of communications. Any search and/or seizure encroaches on property and privacy rights and may involve a restraint on individual liberty and an affront to dignity. There are general human rights principles that relate to the exercise of search and seizure powers. There is the general right not to be subjected to cruel, inhuman or degrading treatment.96 This right is complemented by the positive requirement where persons are deprived of their liberty that they be treated with humanity and with respect for their inherent dignity.97 There is also the general right not to be subjected to arbitrary or unlawful interference with privacy, family, home or correspondence.98 The Human Rights Committee in its General Comment on Article 17 has expressed the view that the introduction of the concept of arbitrariness is intended to guarantee that even interferences with privacy, home or correspondence that are provided for by law should be in accordance with the provisions, aims and objectives of the Covenant and should be, in any event, reasonable in the circumstances.99 It is important that all searches, including those conducted pursuant to interception warrants, be subject to judicial oversight and review. Search powers should not be exercised in a discriminatory fashion, such as search powers directed at a person merely because of their membership of a particular race or religion.100 96 Article 7, ICCPR: No one shall be subjected to torture or to cruel, inhuman or degrading treatment or punishment. In particular, no one shall be subjected without his free consent to medical or scientific experimentation. 97 Article 10(1), ICCPR: All persons derived of their liberty shall be treated with humanity and with respect for the inherent dignity of the human person. 98 Article 17, ICCPR: (1) No one shall be subjected to arbitrary or unlawful interference with his privacy, family, home or correspondence, nor to unlawful attacks on his honour and reputation; (2) Everyone has the right to the protection of the law against such interference or attacks. 99 Human Rights Committee General Comment 16, Article 17 (1988) para 4. The Advisory Council notes, too, that discussions with lawyers should be confidential except in cases where the communication is in furtherance of the commission of a criminal offence. 100 58