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HUMAN RIGHTS COMMITTEE CONTINUES DEBATE ON REVISED GENERAL COMMENT ON RIGHT TO A FAIR TRIAL

19 July 2007

Human Rights Committee

19 July 2007


The Human Rights Committee this morning resumed its second reading of its revised General Comment on article 14 of the International Covenant on Civil and Political Rights, on the right to a fair trial and equality before the courts and tribunals.

The revised General Comment (CCPR/C/GC/32/CRP.1/Rev.5), when adopted, will replace the General Comment on the article that was adopted in 1984, reflecting on and further developing it.

Reviewing the document on a paragraph-by-paragraph basis, Experts today commented and agreed on changes to the draft revised General Comment, including paragraphs on the trials of civilians before special and military courts; special tribunals of “faceless judges”; the application of the Covenant to State-entrusted customary law and religious courts; and the expression of views prejudicial to the presumption of innocence by the media.

Article 14 of the Covenant aims at ensuring the proper administration of justice, and to this end guarantees a series of specific rights, including that all persons shall be equal before the courts and tribunals; that in criminal or civil cases everyone has a right to a fair and public hearing by a competent, independent and impartial tribunal; that everyone charged with a criminal offence shall have the right to be presumed innocent until proved guilty according to law; and that everyone convicted of a crime shall have the right to his conviction and sentence be reviewed by a higher tribunal according to law.

The Committee publishes its interpretation of the content of human rights provisions, known as General Comments, on thematic issues or its methods of work. To date, it has issued 31 General Comments. The general comments of all human rights treaty bodies are compiled annually in the document HRI/GEN/1/Rev.8 and Add.1.

When the Committee reconvenes this afternoon at 3 p.m., it is scheduled to discuss it working methods.
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For use of the information media; not an official record

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