Article 4: States of Emergency 2001, para. 16

Paragraphe
Paragraph text
Safeguards related to derogation, as embodied in article 4 of the Covenant, are based on the principles of legality and the rule of law inherent in the Covenant as a whole. As certain elements of the right to a fair trial are explicitly guaranteed under international humanitarian law during armed conflict, the Committee finds no justification for derogation from these guarantees during other emergency situations. The Committee is of the opinion that the principles of legality and the rule of law require that fundamental requirements of fair trial must be respected during a state of emergency. Only a court of law may try and convict a person for a criminal offence. The presumption of innocence must be respected. In order to protect non-derogable rights, the right to take proceedings before a court to enable the court to decide without delay on the lawfulness of detention, must not be diminished by a State party's decision to derogate from the Covenant.
Status juridique
Non-negotiated soft law
Organe
Human Rights Committee
Type de document
General Comment / Recommendation
Mode d'adoption
N.A.
Thèmes
  • Governance & Rule of Law
  • Humanitarian
Personnes concernées
  • All
Année
2001
Type de paragraphe
Other
Reference
CCPR General Comment No. 29, Article 4: States of Emergency (2001), para. 16.
Paragraph number
16