36 Legal Digest of International Fair Trial Rights “(2) An alien may be expelled before the exercise of his rights under paragraph 1.a, b and c of this Article, when such expulsion is necessary in the interests of public order or is grounded on reasons of national security.” According to the Human Rights Committee, rights of access and equality apply whenever the domestic law entrusts a judicial body with a judicial task (See also Chapter 2).103 The Committee has also said that the right of access to courts and tribunals must be available to all individuals, including to asylum seekers and refugees who may find themselves in the territory or subject to the jurisdiction of a State party to the ICCPR.104 It is relevant, in this regard, to consider Article 13 of the ICCPR and Article 1 of Protocol 7 to the ECHR, which are concerned with the basis upon which aliens may be removed from the territory of a State. By way of summary, the following distinctions arise concerning the application of fair trial and due process rights to non-nationals: • In the case of expulsion proceedings concerning an alien that is lawfully within the territory of the country, Article 14 of the ICCPR and Article 6 of the ECHR do not apply, but the due process guarantees in Article 13 of the ICCPR and Article 1 of Protocol 7 to the ECHR do apply (See also 1.3.1). • In the case of expulsion proceedings concerning an alien who is unlawfully within the territory of the country, none of the fair trial and due process guarantees in Articles 13 and 14 of the ICCPR and Article 6 of the ECHR and Article 1 of Protocol 7 apply (See also 1.3.2). However, if the legality of an alien’s entry or stay is in dispute, any decision on this point leading to expulsion or deportation ought to be taken in accordance with the guarantees under Article 13 of the ICCPR and Article 1 of Protocol 7 to the ECHR do apply (See also 1.3.2). • In the case of all other criminal and civil proceedings in which an alien is a party, all of the fair trial guarantees in Article 14 of the ICCPR and Article 6 of the ECHR apply (See also 1.3.1 and 2.1.2). 1.3.1 Due process rights applicable to expulsion proceedings Article 13 of the ICCPR – which only regulates the procedure, and not the substantive grounds, for expulsion – incorporates notions of due process. It requires any decision concerning the expulsion of an alien who is in the territory of a State to be made pursuant to the law. Unless prevented by compelling national security concerns, it also requires that the subject of the expulsion proceedings must be provided with the opportunity: (i) to submit reasons against the expulsion; (ii) to have the case reviewed by the authority competent to determine whether or not the expulsion should proceed (or the person or persons designated by the competent authority to conduct such a review); and (iii) to be represented in such a review. Article 7 of Protocol 7 to the ECHR provides for the same guarantees, except that it allows limitations not only when this is based on national security concerns, but also if this is necessary in the interests of public order (Article 1(2)). 103 UN Human Rights Committee, CCPR General Comment 32 (2007), para 7. 104 UN Human Rights Committee, CCPR General Comment 32 (2007), para 9.