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interpreted in relation to their respective legal systems, the Committee notes that it cannot be left
to the sole discretion of domestic law to determine the essential content of Covenant guarantees.
5.
While reservations to particular clauses of article 14 may be acceptable, a general
reservation to the right to a fair trial would be incompatible with the object and purpose of the
Covenant.1
6.
While article 14 is not included in the list of non-derogable rights of article 4,
paragraph 2 of the Covenant, States derogating from normal procedures required under article 14
in circumstances of a public emergency should ensure that such derogations do not exceed those
strictly required by the exigencies of the actual situation. The guarantees of fair trial may never
be made subject to measures of derogation that would circumvent the protection of nonderogable rights. Thus, for example, as article 6 of the Covenant is non-derogable in its entirety,
any trial leading to the imposition of the death penalty during a state of emergency must conform
to the provisions of the Covenant, including all the requirements of article 14.2 Similarly, as
article 7 is also non-derogable in its entirety, no statements or confessions or, in principle, other
evidence obtained in violation of this provision may be invoked as evidence in any proceedings
covered by article 14, including during a state of emergency,3 except if a statement or confession
obtained in violation of article 7 is used as evidence that torture or other treatment prohibited by
this provision occurred.4 Deviating from fundamental principles of fair trial, including the
presumption of innocence, is prohibited at all times.5
II. EQUALITY BEFORE COURTS AND TRIBUNALS
7.
The first sentence of article 14, paragraph 1 guarantees in general terms the right to
equality before courts and tribunals. This guarantee not only applies to courts and tribunals
addressed in the second sentence of this paragraph of article 14, but must also be respected
whenever domestic law entrusts a judicial body with a judicial task.6
8.
The right to equality before courts and tribunals, in general terms, guarantees, in
addition to the principles mentioned in the second sentence of Article 14, paragraph 1, those of
equal access and equality of arms, and ensures that the parties to the proceedings in question are
treated without any discrimination.
9.
Article 14 encompasses the right of access to the courts in cases of determination of
criminal charges and rights and obligations in a suit at law. Access to administration of justice
must effectively be guaranteed in all such cases to ensure that no individual is deprived, in
1
General comment, No. 24 (1994) on issues relating to reservations made upon ratification or accession
to the Covenant or the Optional Protocols thereto, or in relation to declarations under article 41 of the
Covenant, para. 8.
2
General comment No. 29 (2001) on article 4: Derogations during a state of emergency, para. 15.
3
Ibid, paras. 7 and 15.
4
Cf. Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment,
article 15.
5
General comment No. 29 (2001) on article 4: Derogations during a state of emergency, para. 11.
6
Communication No. 1015/2001, Perterer v. Austria, para. 9.2 (disciplinary proceedings against a civil
servant); Communication No. 961/2000, Everett v. Spain, para. 6.4 (extradition).