Chapter i  Fair Trial Standards: Scope of Application 37 These elements of due process are not as extensive as the fair trial guarantees under Article 14 of the ICCPR and Article 6 of the ECHR, which means that Articles 14 and 6 do not apply to proceedings concerning the expulsion of aliens that are in the territory of a State.105 The European Court of Human Rights has, when addressing the potential relationship between expulsion proceedings and Article 6 of the ECHR, concluded that such proceedings do not concern the determination of a “criminal charge” (See also 1.1) or of a “civil right” (See also 1.2).106 However, the procedural guarantees relating to the expulsion of aliens should, according to both the Human Rights Committee and the European Court of Human Rights, be interpreted in light of the fair trial provisions in Articles 14 and 6 of each instrument, i.e., consistently with them.107 The Human Rights Committee has explained that this means that: “Insofar as domestic law entrusts a judicial body with the task of deciding about expulsions or deportations, the guarantee of equality of all persons before the courts and tribunals as enshrined in article 14, paragraph 1, and the principles of impartiality, fairness and equality of arms implicit in this guarantee are applicable. All relevant guarantees of article 14, however, apply where expulsion takes the form of a penal sanction or where violations of expulsion orders are punished under criminal law.” 108 Article 14 of the ICCPR and Article 6 of the ECHR apply to their full extent concerning any other form of judicial proceedings in which aliens are a party (See also 2.1.1). 1.3.2 Application of due process right to aliens lawfully within the country It should be noted that the rights contained within Article 13 of the ICCPR and Article 1 of Protocol 7 to the ECHR are only applicable to aliens “lawfully” within the territory of a State Party. This means that illegal entrants and aliens that have stayed longer than the law or their permit allows are not afforded protection under these provisions.109 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 Articles 13 and 1 of each instrument.110 105 UN Human Rights Committee, CCPR General Comment 32 (2007), para 62; Kaur v Canada, HRC Communication 1455/2006, UN Doc CCPR/C/94/D/1455/2006 (2008), para 7.5; Chadzjian v the Netherlands, HRC Communication 1494/2006, UN Doc CCPR/C/93/D/1494/2006 (2008), para 8.4; Maaouia v France [2000] ECHR 455, para 37; and A. and Others v the United Kingdom [2009] ECHR 301 concerning non-applicability of article 6 of the ECHR to SIAC proceedings, i.e., expulsion proceedings. 106 Maaouia v France [2000] ECHR 455, paras 38–39. 107 UN Human Rights Committee, CCPR General Comment 32 (2007), para 62; and Maaouia v France [2000] ECHR 455, para 36. 108 UN Human Rights Committee, CCPR General Comment 32 (2007), para 62; and Everett v Spain, HRC Communication 961/2000, UN Doc CCPR/C/81/D/961/2000 (2004), para 6.4. 109 UN Human Rights Committee, CCPR General Comment 15 (1986), para 9. 110 UN Human Rights Committee, CCPR General Comment 15 (1986), para 9.