x Report of the Eminent Jurists Panel on terrorism, counter-terrorism and human rights 3.1 The principle of an independent and impartial judiciary 136 3.1.1 Trial by military courts 136 3.1.2 Trial by special courts 139 3.1.3 Specialisation and centralisation within the existing system of criminal justice 141 3.2 Fair Trial 143 3.2.1 Access to courts after arrest 144 3.2.2 Use of confessions and evidence procured by torture or cruel, inhuman or degrading treatment 149 3.2.3 Access to witnesses 151 3.2.4 Access to evidence 152 3.2.5 The reversal of the burden of proof 153 3.2.6 Assistance by counsel  155 4. Conclusions & Recommendations: criminal justice 155 Chapter Seven: Conclusions and Recommendations 159 Annex 1: The ICJ Declaration on Upholding Human Rights and the Rule of Law in Combating Terrorism (The Berlin Declaration) 168 Annex 2: List of National and Sub-regional Hearings 173 Annex 3: List of participants at public Hearings 177 Annex 4: List of Private Meetings 189 Annex 5: Written Submissions Received by the Eminent Jurists Panel 193