field of law enforcement checks.77 Finally, the European Union Network of Independent Experts on Fundamental Rights has expressed serious concerns about the development of terrorist profiles; profiling on the basis of characteristics such as nationality, age or birthplace, the Experts have cautioned, “presents a major risk of discrimination.”78 This is also applicable to the profiling of persons based on their religion. Profiling or similar devices must strictly comply with the principles of necessity, proportionality and non-discrimination; they should be subject to close judicial scrutiny and should be periodically reviewed.79 F.  Due process and the right to a fair trial Guaranteeing due process rights, including for individuals suspected of terrorist activity, is critical for ensuring that anti-terrorism measures are effective and respect the rule of law. The human rights protections for all persons charged with criminal offences, including terrorism-related crimes, include the right to be presumed innocent, the right to a hearing with due guarantees and within a reasonable time, by a competent, independent and impartial tribunal, and the right to have a conviction and sentence reviewed by a higher tribunal satisfying the same standards.80 International humanitarian law provides for substantially similar protections for the trial of persons in the context of armed conflicts.81 In July 2007, the Human Rights Committee adopted general comment N° 32, revising its general comment on article 14 of the International Covenant on Civil and Political Rights on the right to a fair trial and equality before the courts and tribunals. The revised general comment notes that the right to a fair trial and to equality before the courts and tribunals is a key element of human rights protection and serves to safeguard the rule of law by procedural means. Article 14 of the Covenant aims at ensuring the proper administration of justice and to this end guarantees a series of specific rights, including that all persons should be equal before the courts and tribunals, that in criminal or civil cases everyone has a right to a fair and public hearing by a competent, independent and impartial tribunal, that everyone charged with a criminal offence should have the right to be presumed innocent until proved guilty according to law, and that everyone convicted of a crime should have the right to have his or her conviction and sentence reviewed by a higher tribunal according to law. The former Sub-Commission on the Promotion and Protection of Human Rights for many years addressed issues related to terrorism and human rights, including the administration of justice through military tribunals. 38