Use of legislation to regulate activities of human rights defenders 2012, para. 28

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Paragraph text: In this context, the Special Rapporteur wishes to emphasize that the Human Rights Committee, in paragraph 7 of its general comment No. 29, on states of emergency, found the right to a fair trial to be a non-derogable right to the extent that guarantees of a fair trial may never be made subject to measures of derogation that would circumvent the protection of non-derogable rights. The principles of legality and the rule of law, which, according to the Human Rights Committee in paragraph 6 of its general comment No. 32, on article 14 of the International Covenant on Civil and Political Rights, are non-derogable under the Covenant, require procedural safeguards to be respected for persons tried under legislation relating to national security. The Special Rapporteur therefore urges States to abide by those principles and also to ensure that the principles elaborated by the Special Rapporteur on the promotion and protection of human rights and fundamental freedoms while countering terrorism (A/63/223, paras. 31-42) are respected when trying human rights defenders or their clients under legislation relating to national security.

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Reference: SR Human Rights Defenders, Report to the UNGA (2012), A/67/292, para. 28.