150 Legal Digest of International Fair Trial Rights 6.7 Calling and examining witnesses Article 14 of the ICCPR “(1) In the determination of any criminal charge against him, or of his rights and obligations in a suit at law, everyone shall be entitled to a fair… hearing… “(3) In the determination of any criminal charge against him, everyone shall be entitled to the following minimum guarantees, in full equality: “(e) To examine, or have examined, the witnesses against him and to obtain the attendance and examination of witnesses on his behalf under the same conditions as witnesses against him;” Article 6 of the ECHR “(1) In the determination of his civil rights and obligations or of any criminal charge against him, everyone is entitled to a fair… hearing… “(3) Everyone charged with a criminal offence has the following minimum rights: “(d) To examine or have examined witnesses against him and to obtain the attendance and examination of witnesses on his behalf under the same conditions as witnesses against him;” In civil and criminal proceedings, parties to the proceedings have the right to call, examine and cross-examine witnesses on equal terms. It is undisputed that in criminal proceedings this right represents a fundamental guarantee of the defendant, in that it counterbalances the powers of the prosecutor, thus ensuring the equality of arms (See also 6.1). However, other parties to the proceedings, such as witnesses and victims, who are usually “examined”, are not without guarantees, as they dispose of certain rights of assistance (See also 7.2.1) and protection (See also 7.1), including the right, in limited circumstances, to give evidence anonymously (See also 7.1.1). 6.7.1 The right to call witnesses Article 14(3)(e) of the ICCPR and Article 6(3)(d) of the ECHR guarantee – in the context of criminal proceedings – a right to “obtain the attendance and examination of witnesses on his behalf”. By expressing that this must be “under the same conditions as witnesses against him”, both provisions incorporate the principle of equality of arms (See also 6.1), guaranteeing that the accused has the same legal powers of compelling the attendance of witnesses, and examining those witnesses, as are available to the prosecution.675 675 UN Human Rights Committee, CCPR General Comment 32 (2007), para 39; and Guerra de la Espriella v Colombia, HRC Communication 1623/2007, UN Doc CCPR/C/98/D/1623/2007 (2010), para 9.3.