Obligations to perform military or civic service.
Minor punitive measures imposed on civil servants, armed forces and
prisoners; except where the result is dismissal from employment616 or
deprivation of liberty.617 Both will have the protection of Article 14(1) ICCPR.
61. Although the right does not apply to extradition, expulsion and deportation
procedures,618 Article 13 of the ICCPR in conjunction with Article 14 requires
that asylum seekers and refugees have a right of access to courts and
tribunals.619 However, there are several points to note:
62. If an alien is lawfully in the territory of a state, this does not invoke the protection
of Article 14 ICCPR,620 although it will invoke Article 13. Here Article 13 will
require that the expulsion must be:
Be made in accordance with the law;
The individual must have the opportunity to give reasons against their
expulsion;
They must have the case reviewed by, and be represented in this context,
a competent authority or persons designated as such. Such protections do
not apply if there are national security concerns.
Such guarantees also need to be interpreted in light of Article 14 and fair
trial provisions.621
63. Secondly, for aliens unlawfully in the territory, neither Articles 13 nor 14 apply,
unless the lawfulness is in dispute.622
64. Lastly, for all other proceedings, whether they be civil or criminal, where an
alien is a party, Articles 13 and 14 will apply.
I. The right to be informed promptly in a language which he understand
and in detail, of the nature and cause of the accusation against him623
65. An individual needs to be informed, in a manner which they understand, of the
nature of the charges against them. This enables them to begin preparing their
defence.624
616
Human Rights Committee, Communication 441/1990, Casanovas v France, 19 July 1994, para 5.2;
Communication 2015/2001, Perterer v Austria, 20 July 2004 para 9.2.
617
Engel v Others v The Netherlands, [1976] ECHR 3, para 81.
618
Human Rights Committee General Comment No.32, CCPR/C/GC/32 (2007), para 17.
619
Ibid.
620
Human Rights Committee General Comment No.32, CCPR/C/GC/32 (2007), para 62. Kaur v
Canada, Communication 1455/2006, UN Doc.CCPR/C/94/D/1455/2006 (2008), para 7.5; Chadzjian v
The Netherlands, Communication 1494/2006, UN Doc.CCPR/C/93/D/1494/2006 (2008), para 8.4.
621
Human Rights Committee General Comment No.32, CCPR/C/GC/32 (2007), para 62;
Communication 961/2000, UN Doc.CCPR/C/81/D/961/2000 (2004), para 6.4.
622
Human Rights Committee, General Comment 15, (1986), para 9.
623
Article 14(3)(a) ICCPR; Article 6(3)(a), ECHR
624
In Brozicek v Italy the applicant was German and therefore he needed the charge properly explained
to him in a language which he could understand.
110
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