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

18 July 2007

Human Rights Committee

18 July 2007


The Human Rights Committee this afternoon 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.

Experts today commented and agreed on changes to the draft revised General Comment, including paragraphs on the use in proceedings of statements obtained under torture as evidence against a person accused of torture; the additional guarantees provided by the right to equality and non-discrimination before courts and tribunals and the right of access to courts; the obligation of a State to provide legal assistance to persons sentenced to death seeking a review of their case but without funds to hire a lawyer; and the application of the scope of the article to ordinary, specialized and military tribunals.

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.

The Committee discussed the wording of the revised General Comment on a paragraph-by-paragraph basis. The Committee will resume its discussion on this topic tomorrow, Thursday, 19 July at 10 a.m.




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For use of information media; not an official record

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