“substantive protection” against State power. The protection of human rights therefore begins but does not end with fair trial rights.518 7. Fair trial rights are not only a fundamental safeguard to ensure that individuals are not unjustly punished under the criminal law, but they are also indispensable for the protection of other human rights,519 including the right to freedom from torture and the right to life, and, especially in political cases, the right to freedom of expression, and freedom of association. Furthermore, a key feature of the right to a fair trial is that, ultimately, it is through the medium of fair trial that the right to an effective remedy is guaranteed.520 8. The right to a fair trial is applicable to both criminal and civil/non-criminal proceedings, however, there are differences in how the requirements apply in respect of each.521 9. The Human Rights Committee has noted that ‘Article 14 contains guarantees that States parties must respect, regardless of their legal traditions and their domestic law. While they should report on how these guarantees are interpreted in relation to their respective legal systems, the Committee notes that it cannot be left to the sole discretion of domestic law to determine the essential content of Covenant guarantees’.522 C. Is the right to a fair trial absolute? 10. Although some aspects of the right to a fair trial can be derogated from (where such derogation provisions are available),523 this cannot be the case if it would result in violations of non-derogable rights. The following rights are also absolute for those charged with criminal offences: a. The right to be informed of the charges against the individual, promptly, in a language they understand; b. Adequate time and facilities for preparation of the defence, including communication confidentially with a lawyer; c. The right to a lawyer of one’s choice and free legal assistance if necessary; d. For the defendant to be present at the trial; e. To obtain the attendance and examination of defence witnesses.524 518 Clayton, R. and Tomlinson H. Fair Trial Rights (2001) Human Rights Committee General Comment No.32, CCPR/C/GC/32 (2007), para 58. 520 Human RightsCommittee, General Comment No.32, CCPR/C/GC/32 (2007), para 58; Communication 823/1998, Czernin v Czech Republic, 29 March 2005, para 7.5. Communication 1033/2001, Singarasa v Sri Lanka, 24 July 2004, para 7.4. 521 Human Rights Committee, Communication 1142/2002, AJ and G v Netherlands, 27 July 2003, para 57. 522 General Comment No.32, CCPR/C/GC/32 (2007), para 4. 523 Siracusa Principles on the Limitation and Derogation Provisions in the ICCPR, E/CN.4/1985/4, annex,, para 70. Article 4 ICCPR, Article 15 ECHR. 524 General Comment No.32, CCPR/C/GC/32 (2007), para 6. See also General Comment No.29, CCPR/C/21/Rev.1/Add.11.. 519 99