Human Rights Committee

Eighty-ninth Session

2432^nd Meeting (AM)

HUMAN RIGHTS COMMITTEE DISCUSSES DRAFT GENERAL COMMENT CONCERNING

RIGHT TO FAIR TRIAL, EQUAL TREATMENT BEFORE COURTS

 

Concluding the first week of its three-week session, the Human Rights Committee today proceeded with a read-through of its draft “general comment” on article 14 of the International Covenant on Civil and Political Rights, which deals with the right to a fair trial and equal treatment before courts and tribunals.

The 18-member expert Committee, which examines implementation by the 160 States parties of the Covenant, publishes its interpretation of the content of human rights provisions in the form of general comments on thematic issues.  Over the years, it has produced several such general comments, including on equal enjoyment of civil and political rights by men and women (article 3); prohibition of torture or cruel, inhuman or degrading treatment or punishment (article 7); participation in public affairs and the right to vote (article 25); and, more recently, reporting obligations of States’ parties under article 40.

As the experts explained the general comments, their purpose was to make the Covenant’s jurisprudence more widely available to all judicial personnel or to the institution in a State party entrusted with the judicial task of implementing the articles of the Covenant.  As Ruth Wedgwood, expert from the United States, said: “It is about laying down technical rules which the experts think are implicit in the Covenant or in case law.”  She said the aim should be to inspire the reader as to the “noble quality” of the fundamental norms of fairness -- the rights to a fair trial –- to make people learn the main moral and legal lesson of that.

Walter Kälin, expert from Switzerland and the Committee’s Rapporteur on the consideration of its general comment 32 on article 14, opened the discussion today with an update of the status of the draft, the work on which had begun in March 2005.  He drew attention to the two documents before the Committee.  One was the draft general comment, dated 19 January 2007, which was a proposal based on the comments he had received by the informal deadline of the beginning of February 2007.  The other document was a compilation of the additional proposals by the Rapporteur based on submissions received after the deadline. 

Mr. Kälin said that the comments received from a variety of sources had been favourable overall.  None of those who had commented on the draft had expressed any major concerns.  Rather, what some had raised were requests for clarification or the addition of a point or two.  Sometimes there was a wish to change something in the text already adopted.  The large majority of States parties had commended the Committee on its efforts and explained that their legislation and practices were in line with what was being said in the draft General Comment.  Most of their comments did not contain any proposals, but demonstrated that the General Comment was compatible with States parties’ law and practices, he added. 

The draft text of the General Comment on Article 14, which encompasses a complex series of guarantees, includes sections on equality before courts and tribunals; presumption of innocence; the rights of the accused; review by a higher tribunal; fair and public hearing by a competent, independent and impartial tribunal; juvenile persons; and compensation in cases of miscarriage of justice.

Three more public meetings are scheduled for a review of the revised general comment on article 14, on 22, 23 and 27 March.

The Human Rights Committee will meet again formally at 10 a.m. on Tuesday, 20 March to consider its working methods.

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For information media • not an official record