CHAPTER 4: THE RULE OF LAW AND THE CORE PROTECTION MANDATE continued RIGHT OR ISSUE UN INSTRUMENTS SAFEGUARDS/LIMITS AND VIOLATIONS SAMPLE AREAS OF UNCT SUPPORT TO NHRIS DEROGATIONS Art. 4(1) ICCPR Derogation permitted in cases of public emergency, provided not discriminatory. Limits/Violations: Ensure that the NHRI understands its responsibilities with regard to derogation issues and advise them on possible activities/best practices. 11  on-derogation n during public emergency, Subject to art. 4(2): No derogation from 6,1 7,2 8 (1 and 23) , 11, 16 and 184 ICCPR 11 11 11 Only to the extent strictly required; cannot be inconsistent with other international law obligations. The use of omnibus derogations from core rights in times of emergency Security forces are shielded from prosecution. Reversals of the legal burden of proof on the State. See also Siracusa Principles, outlined opposite. Aid the NHRI in encouraging the government to abide by the Siracusa Principles, which state that: 1. N  o limitations or grounds for applying them to rights guaranteed by the Covenant [ICCPR] are permitted other than those contained in the terms of the Covenant itself. […] 5. A  ll limitations on a right recognized by the Covenant shall be provided for by law and be compatible with the objects and purposes of the Covenant. […] 7. N  o limitation shall be applied in an arbitrary manner. […] “Public Emergency which Threatens the Life of the Nation” […] 40. I nternal conflict and unrest that do not constitute a grave and imminent threat to the life of the nation cannot justify derogations under Article 4.5 DETENTION 11 bail and Art. 9(3) ICCPR … It shall not be the general rule that persons awaiting trial shall be detained in custody, but release may be subject to guarantees … Safeguards: 11 Legislation creating a presumption of access to bail. Limits/Violations: 11 Ensure that the NHRI understands its responsibilities with regard to detention issues; advise them on possible activities/best practices. Country prohibits or unduly restricts bail. 69