Article 14: Right to Equality before Courts and Tribunals and to Fair Trial - replaces GC No. 13 2007, para. 63
Paragraph
Paragraph text
The way criminal proceedings are handled may affect the exercise and enjoyment of rights and guarantees of the Covenant unrelated to article 14. Thus, for instance, to keep pending, for several years, indictments for the criminal offence of defamation brought against a journalist for having published certain articles, in violation of article 14, paragraph 3 (c), may leave the accused in a situation of uncertainty and intimidation and thus have a chilling effect which unduly restricts the exercise of his right to freedom of expression (article 19 of the Covenant). Similarly, delays of criminal proceedings for several years in contravention of article 14, paragraph 3 (c), may violate the right of a person to leave one's own country as guaranteed in article 12, paragraph 2 of the Covenant, if the accused has to remain in that country as long as proceedings are pending.
Legal status
Non-negotiated soft law
Body
Human Rights Committee
Document type
General Comment / Recommendation
Means of adoption
N.A.
Topic(s)
Civil & Political Rights
Person(s) affected
All
Year
2007
Paragraph type
Other
Reference
CCPR General Comment No. 32, Article 14: Right to Equality before Courts and Tribunals and to Fair Trial - replaces GC No. 13 (2007), para. 63.