Twenty-first session (1984)
General comment No. 13: Article 14 (Administration of justice)
1.
The Committee notes that article 14 of the Covenant is of a complex nature and that
different aspects of its provisions will need specific comments. All of these provisions are aimed at
ensuring the proper administration of justice, and to this end uphold a series of individual rights such
as equality before the courts and tribunals and the right to a fair and public hearing by a competent,
independent and impartial tribunal established by law. Not all reports provided details on the
legislative or other measures adopted specifically to implement each of the provisions of article 14.
2.
In general, the reports of States parties fail to recognize that article 14 applies not only to
procedures for the determination of criminal charges against individuals but also to procedures to
determine their rights and obligations in a suit at law. Laws and practices dealing with these matters
vary widely from State to State. This diversity makes it all the more necessary for States parties to
provide all relevant information and to explain in greater detail how the concepts of “criminal
charge” and “rights and obligations in a suit at law” are interpreted in relation to their respective
legal systems.
3.
The Committee would find it useful if, in their future reports, States parties could provide
more detailed information on the steps taken to ensure that equality before the courts, including
equal access to courts, fair and public hearings and competence, impartiality and independence of
the judiciary are established by law and guaranteed in practice. In particular, States parties should
specify the relevant constitutional and legislative texts which provide for the establishment of the
courts and ensure that they are independent, impartial and competent, in particular with regard to
the manner in which judges are appointed, the qualifications for appointment, and the duration of
their terms of office; the condition governing promotion, transfer and cessation of their functions
and the actual independence of the judiciary from the executive branch and the legislative.
4.
The provisions of article 14 apply to all courts and tribunals within the scope of that article
whether ordinary or specialized. The Committee notes the existence, in many countries, of military
or special courts which try civilians. This could present serious problems as far as the equitable,
impartial and independent administration of justice is concerned. Quite often the reason for the
establishment of such courts is to enable exceptional procedures to be applied which do not comply
with normal standards of justice. While the Covenant does not prohibit such categories of courts,
nevertheless the conditions which it lays down clearly indicate that the trying of civilians by such
courts should be very exceptional and take place under conditions which genuinely afford the full
guarantees stipulated in article 14. The Committee has noted a serious lack of information in this
regard in the reports of some States parties whose judicial institutions include such courts for the
trying of civilians. In some countries such military and special courts do not afford the strict
guarantees of the proper administration of justice in accordance with the requirements of article 14
which are essential for the effective protection of human rights. If States parties decide in
circumstances of a public emergency as contemplated by article 4 to derogate from normal
procedures required under article 14, they should ensure that such derogations do not exceed those
strictly required by the exigencies of the actual situation, and respect the other conditions in
paragraph 1 of article 14.
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