Article 4: States of Emergency 2001, para. 15

Paragraph
Paragraph text
It is inherent in the protection of rights explicitly recognized as non-derogable in article 4, paragraph 2, that they must be secured by procedural guarantees, including, often, judicial guarantees. The provisions of the Covenant relating to procedural safeguards may never be made subject to measures that would circumvent the protection of non-derogable rights. Article 4 may not be resorted to in a way that would result in derogation from non-derogable 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 articles 14 and 15.
Legal status
Non-negotiated soft law
Body
Human Rights Committee
Document type
General Comment / Recommendation
Means of adoption
N.A.
Topic(s)
  • Governance & Rule of Law
  • Humanitarian
Person(s) affected
  • All
Year
2001
Paragraph type
Other
Reference
CCPR General Comment No. 29, Article 4: States of Emergency (2001), para. 15.
Paragraph number
15