Professional Documents
Culture Documents
Siracusa Principles ICCPR Legal Submission 1985 Eng
Siracusa Principles ICCPR Legal Submission 1985 Eng
PRINCIPLES
on the
Limitation and
Derogation Provisions
in the
International Covenant
on Civil and Political
Rights
American Association
for the
International Commission of Jurists
M EM BERS OF TH E AMERICAN ASSOCIATION FOR
IN T E R N A T IO N A L C O M M ISSIO N OF JU R IST S THE INTERNATIONAL COMMISSION
President
KEBA M BAYE, SE N E G A L
OF JURISTS, INC.
Vice-Presidents 777 U N IT E D N A TIO N S PLAZA
RO BER TO C O N C E P C IO N , P H IL IP P IN E S N E W YORK, N EW Y O RK 10017
H E L E N O CLA U D JO FR A G O SO , BR A ZIL
JO H N P. H U M PH R E Y , CA NA DA
M em bers o f E xecutive Com m ittee
W IL L IA M J. BU TLER , U.S.A. (Chairm an)
A N D R E S A G U IL A R M A W D SLEY , V E N E Z U E L A
P. T E L FO R D G E O R G E S, T H E BAHAM AS Members o f the Board o f Directors
L O U IS JO X E , FR A N C E
P.J.G. K A PTEY N , N E T H E R L A N D S
R U D O LF M A C H A C EK , A U STR IA E L I W H IT N E Y DEBEVOISE
J. TH IA M H IE N YAP, IN D O N E S IA Chairman Emeritus
Com mission M em bers
BA DRIA A L -A W A D H I, K U W AIT Chairman o f the Board
A L PH O N SE B O N I, IVO RY CO A ST
R A U L F. C A R D E N A S, M EX ICO
G E O R G E N . L IN D SA Y
H A IM H. C O H N , ISR A EL
A U G U STO C O N T E -M A C D O N E L L , A R G E N T IN A President
T A SLIM O L A W A L E ELIA S, N IG E R IA W IL L IA M J. BUTLER
A L FR E D O E T C H EB ER R Y , C H IL E
G U IL L E R M O FIG A LLO , PER U Secretary
LO RD G A R D IN E R , U N IT E D K IN G D O M
M IC H A E L D. K IRBY, A U ST R A L IA
H A RV EY J. G O LD SCH M ID
K IN U K O KUBOTA, JA PA N
R A JSO O M E R LA LLA H , M A U R ITIU S
Treasurer
TA1-Y OU NG LEE, REP. O F K O REA P. N IC H O L A S KO URIDES
S EA N M A C B R ID E , IR E L A N D
J.R .W .S. M AW A LLA, T A N Z A N IA
F R A N C O IS-X A V IE R M BO UYO M , CA M ER O O N
R O BERT P. BASS, JR.
FA Ll S. N A R IM A N , IN D IA D O N A LD T. FOX
N G O BA T H A N H , V IETN A M P E T E R S. H E L LE R
T O R K E L O PSA H L, N O R W A Y R IC H A R D H. M OORE
G U STA F B.E. PE T R E N , SW ED EN
S IR GU Y PO W LES, N E W Z EA LA N D A N D R E W. G. NEW BURG
S H R ID A T H S. RA M PH A L, G U Y A N A M A TTHEW N IM E T Z
DON JO A Q U IN R U IZ -G 1M E N E Z , SPA IN ST E PH E N A. OX M AN
T U N M O H A M ED SU FFIA N , M A LA Y SIA
W IL L IA M J. SC H R EN K , JR.
S IR M OTI TIK A R A M , FIJI
CHITT1 T IN G SA B A D H , TH A IL A N D JE R O M E J. SH ESTA CK
C H R IST IA N TO M U SC H A T , FED. REP. O F G E R M A N Y PE T E R O. A. SOLBERT
M IC H A E L A. T R /A N T A F V L L /D E S , C Y P R U S E D W A RD H A L L A M TU C K
A M O S W AKO, K ENY A
Honorary M em bers
S IR A D ETO K U N B O A. A D EM OLA, N IG E R IA Directors Emeriti:
A R TU R O A. A L A FR IZ , P H IL IP P IN E S DU D LEY B. BONSAL
D U D L EY B. BO N SA L, U.S.A.
W H IT N E Y N O R T H SEY M O U R (1901-1983)
ELI W H IT N E Y DEBEV O ISE, U.S.A.
PER FE D E R S P IE L , D E N M A R K B E N JA M IN R. SH UTE
T.S. F E R N A N D O , SR I LA NK A BETH U EL M. W EBSTER
W.J. G A N S H O F VAN DER M EER SC H , BELG IU M
H A N S H E IN R IC H JE S C H E C K , FED. REP. O F G E R M A N Y
JE A N FLA V IEN LA LIV E, SW IT Z E R L A N D
N O R M A N S. M A R SH , U N IT E D K IN G D O M
JO S E T. N A BU CO , BR A ZIL
LU IS N E G R O N FE R N A N D E Z , PU ER TO RICO
LO RD SH A W C R O SS, U N IT E D K IN G D O M The American Association for tbe International Com
ED W A RD ST. JO H N , A U STR A LIA
mission of Jurists, Inc. is a non-profit public corporation
Secretary-General; N 1A L L M A C D ER M O T
organized on a membership basis. All contributions are
tax deductible. In addition to the Association’s Newslet
109 Route de Chene ter, members are entitled to receive The Review and the
1224 Chene-Bougeries IC J Newsletter, published, respectively, semi-annually
and quarterly, by the International Commission of
Geneva, Switzerland Jurists.
April 1985
Introductory Note
It has long been observed by the American Association
for the International Commission of Jurists (A A IC J)
that one of the main instruments employed by govern
ments to repress and deny the fundamental rights and
freedoms of peoples has been the illegal and unwarranted
Declaration of M artial Law or a State of Emergency.
Very often these measures are taken under the pretext of
Table o f Contents the existence of a “ public emergency which threatens the
life of the nation” or “ threats to its national security.”
Introductory N o t e ...................................................... 3 The abuse of applicable provisions allowing govern
m ents to lim it and derogate from certain rights contained
The Siracusa Principles on the Limitation and Deroga in the International Covenant on Civil and Political
tion Provisions in the International Covenant on Rights has resulted in the need for a closer examination
Civil and Political R ig h ts .............................................. 5
of the conditions and grounds for permissable limitations
International Covenant on Civil and Political Rights 18 and derogations in order to achieve an effective imple
mentation of the rule of law. The United Nations
Optional Protocol to the International Covenant on General Assembly has frequently emphasized the impor
Civil and Political R ig h ts ................................................ 3 9 tance of a uniform interpretation of limitations on rights
enunciated in the Covenant.
Individual Limitation Provisions Cross-Referenced to
the C o v e n a n t................................ aa W ith this in mind, the A A IC J initiated a colloquium
composed of 31 distinguished experts in international
law, held at Siracusa, Italy, in the Spring of 1984. This
meeting, the first of its kind, was co-sponsored by the
International Commission of Jurists, the U rban Morgan
Institute for Hum an Rights, and the International Insti
tute of Higher Studies in Criminal Sciences.
5. All limitations on a right recognized by the Cove 15. N o limitation on the exercise of human rights
nant shall be provided for by law and be compatible with shall be made unless provided for by national law of
the objects and purposes of the Covenant. general application which is consistent with the Covenant
and is in force at the time the limitation is applied.
6 . N o limitation referred to in the Covenant shall be
applied for any purpose other than that for which it has 16. Laws imposing limitations on the exercise of
been prescribed. human rights shall not be arbitrary or unreasonable.
7. N o limitation shall be applied in an arbitrary 17. Legal rules limiting the exercise of human rights
manner. shall be clear and accessible to everyone.
8 . Every limitation imposed shall be subject to the 18. Adequate safeguards and effective remedies shall
possibility of challenge to and remedy against its abusive be provided by law against illegal or abusive imposition
application. or application of limitations on human rights.
9. N o limitation on a right recognized by the Cove
nant shall discriminate contrary to Article 2, paragraph 1. ii. "in a democratic society"
10. W henever a limitation is required in the terms of 19. The expression “in a democratic society” shall be
the Covenant to be “necessary,” this term implies that the interpreted as imposing a further restriction on the limi
limitation: tation clauses it qualifies.
(a) is based on one of the grounds justifying lim ita 20. The burden is upon a state imposing limitations
tions recognized by the relevant article of the Covenant; so qualified to demonstrate that the limitations do not
impair the democratic functioning of the society.
(b) responds to a pressing public or social need;
21. W hile there is no single model of a democratic
(c) pursues a legitimate aim; and society, a society which recognizes and respects the
human rights set forth in the United Nations C harter and
(d) is proportionate to that aim.
the Universal Declaration of Hum an Rights may be
Any assessment as to the necessity of a limitation shall viewed as meeting this definition.
be made on objective considerations.
/ii. "public order (ordre pu b lic)"
II. In applying a limitation, a state shall use no more
restrictive means than are required for the achievement of 22. The expression “public order (ordre public)" as
the purpose of the limitation. used in the Covenant may be defined as the sum of rules
which ensure the functioning of society or the set of
fundamental principles on which society is founded.
* The term “limitations” in these principles includes the Respect for human rights is part of public order (ordre
term “restrictions” as used in the Covenant.
public).
23. Public order (ordre public) shall be interpreted
violation shall not invoke national security as a justifica
in the context of the purpose of the particular human
tion for measures aimed at suppressing opposition to such
right which is limited on this ground.
violation or at perpetrating repressive practices against
24. State organs or agents responsible for the mainte its population.
nance of public order (ordre public) shall be subject to
controls in the exercise of their power through the
vii. "public safety"
parliament, courts, or other competent independent
bodies.
33. Public safety means protection against danger to
the safety of persons, to their life or physical integrity, or
i’v. "public health" serious damage to their property.
25. Public health may be invoked as a ground for
limiting certain rights in order to allow a state to take 34. The need to protect public safety can justify
measures dealing with a serious threat to the health of limitations provided by law. It cannot be used for
the population or individual m em bers of the population. imposing vague or arbitrary limitations and may only be
These measures m ust be specifically aimed at preventing invoked when there exist adequate safeguards and effec
disease or injury or providing care for the sick and tive remedies against abuse.
injured.
26. Due regard shall be had to the international vii'i. "rights and freedom s o f others" or the "rights or
health regulations of the W orld Health Organization. reputations o f others"
(a) affects the whole of the population and either the (e) a brief description of the anticipated effect of the
whole or part of the territory of the state; and derogation measures on the rights recognized by the
Covenant, including copies of decrees derogating from
(b ) threatens the physical integrity of the population, these rights issued prior to the notification.
the political independence or the territorial integrity of
the state or the existence or basic functioning of institu 46. States parties may require that further informa
tions indispensable to ensure and protect the rights tion necessary to enable them to carry out their role
recognized in the Covenant. under the Covenant be provided through the interm edi
ary of the Secretary-General.
40. Internal conflict and unrest that do not constitute
a grave and imminent threat to the life of the nation 47. A state party which fails to make an immediate
cannot justify derogations under Article 4. notification in due form of its derogation is in breach of
its obligations to other states parties and may be deprived
41. Economic difficulties per se cannot justify dero of the defenses otherwise available to it in procedures
gation measures. under the Covenant. ,
48. A state party availing itself of the right of deroga
B. Proclamation, Notification, and Termination of a tion pursuant to A rticle 4 shall term inate such derogation
Public Emergency in the shortest tim e required to bring to an end the public
42. A state party derogating from its obligations emergency which threatens the life of the nation.
under the Covenant shall make an official proclamation 49. The state party shall on the date on which it
of the existence of a public emergency threatening the terminates such derogation inform the other state parties,
life of the nation.
through the intermediary of the Secretary-General of the
43. Procedures under national law for the proclama United Nations, of the fact of the termination.
tion of a state of emergency shall be prescribed in 50. On the termination of a derogation pursuant to
advance of the emergency.
Article 4 all rights and freedoms protected by the Cove
44. A state party derogating from its obligations nant shall be restored in full. A review of the continuing
under the Covenant shall immediately notify the other consequences of derogation measures shall be made as
states parties to the Covenant, through the intermediary soon as possible. Steps shall be taken to correct injus
of the Secretary-General of the United Nations, of the tices and to compensate those who have suffered injustice
provisions from which it has derogated and the reasons during or in consequence of the derogation measures.
by which it was actuated.
C. “Strictly Required by the Exigencies of the
45. The notification shall contain sufficient informa
Situation”
tion to perm it the states parties to exercise their rights
and discharge their obligations under the Covenant. In 51. The severity, duration, and geographic scope of
particular it shall contain: any derogation measure shall be such only as are strictly
necessary to deal with the threat to the life of the nation
(a) the provisions of the Covenant from which it has and are proportionate to its nature and extent.
derogated;
52. The competent national authorities shall be under
(b ) a copy of the proclamation of emergency, to a duty to assess individually the necessity of any deroga
gether with the constitutional provisions, legislation, or tion measure taken or proposed to deal with the specific
decrees governing the state of emergency in order to dangers posed by the emergency.
60. The ordinary courts shall maintain their jurisdic
tion, even in a tim e of public emergency, to adjudicate
any complaint that a non-derogable right has been
53. A measure is not strictly required by the exigen violated.
cies of the situation where ordinary measures permissible
under the specific limitations clauses of the Covenant
would be adequate to deal with the threat to the life of E. Some General Principles on the Introduction and
the nation. Application of a Public Emergency and Consequent
Derogation Measures
54. The principle of strict necessity shall be applied
in an objective manner. Each measure shall be directed 61. Derogation from rights recognized under interna
to an actual, clear, present, or imminent danger and may tional law in order to respond to a threat to the life of the
not be imposed merely because of an apprehension of nation is not exercised in a legal vacuum. It is authorized
potential danger. by law and as such it is subject to several legal principles
of general application.
55. The national constitution and laws governing
states of emergency shall provide for prom pt and peri 62. A proclamation of a public emergency shall be
odic independent review by the legislature of the neces m ade in good faith based upon an objective assessment of
sity for derogation measures. the situation in order to determine to what extent, if any,
it poses a threat to the life of the nation. A proclamation
56. Effective remedies shall be available to persons of a public emergency, and consequent derogations from
claiming that derogation measures affecting them are not Covenant obligations, that are not made in good faith are
strictly required by the exigencies of the situation. violations of international law.
57. In determining whether derogation measures are 63. The provisions of the Covenant allowing for cer
strictly required by the exigencies of the situation the tain derogations in a public emergency are to be inter
judgm ent of the national authorities cannot be accepted preted restrictively.
as conclusive.
64. In a public emergency the rule of law shall still
prevail. Derogation is an authorized and limited preroga
D. Non-Derogable Sights tive in order to respond adequately to a threat to the life
of the nation. The derogating state shall have the burden
58. N o state party shall, even in time of emergency of justifying its actions under law.
threatening the life of the nation, derogate from the
Covenant’s guarantees of the right to life; freedom from 65. The Covenant subordinates all procedures to the
torture, cruel, inhuman or degrading treatm ent or pun basic objectives of human rights. Article 5(1) of the
ishment, and from medical or scientific experimentation Covenant sets definite limits to actions taken under the
without free consent; freedom from slavery or involun Covenant:
tary servitude; the right not be be imprisoned for con
tractual debt; the right not to be convicted or sentenced Nothing in the present Covenant may be interpreted as
to a heavier penalty by virtue of retroactive criminal implying for any State, group or person any right to
legislation; the right to recognition as a person before the engage in any activity or perform any act aimed at the
law; and freedom of thought, conscience and religion. destruction of any of the rights and freedoms recog
These rights are not derogable under any conditions even nized herein or at their limitation to a greater extent
for the asserted purpose of preserving the life of the than is provided for in the present Covenant.
nation.
Article 29(2) of the Universal Declaration of Human
59. State parties to the Covenant, as part of their Rights sets out the ultim ate purpose of law:
obligation to ensure the enjoyment of these rights to all
persons within their jurisdiction (A rt. 2 (1 )) and to adopt In the exercise of his rights and freedoms, everyone
measures to secure an effective remedy for violations shall be subject only to such limitations as are deter-
(A rt. 2 (3 )), shall take special precautions in tim e of mined by law solely for the purpose of securing due
public emergency to ensure that neither official nor semi- recognition and respect for the rights and freedoms of
official groups engage in a practice of arbitrary and extra- others and of meeting the just requirements of moral-
judicial killings or involuntary disappearances, that per- ity, public order and the general welfare in a demo-
sons in detention are protected against torture and other cratic society,
forms of cruel, inhuman or degrading treatm ent or pun
ishment, and that no persons are convicted or punished 13
under laws or decrees with retroactive effect.
These provisions apply with full force to claims that a
situation constitutes a threat to the life of a nation and
hence enables authorities to derogate. (b) freedom from torture or cruel, inhuman or de
grading treatm ent or punishment and from medical or
6 6 . A bona fide proclamation of the public emer
scientific experimentation;
gency permits derogation from specified obligations in
the Covenant, but does not authorize a general departure (c ) the right not to be held in slavery or involuntary
from international obligations. The Covenant in Articles servitude; and,
4 (1 ) and 5(2) expressly prohibits derogations which are
inconsistent with other obligations under international (d )th e right not to be subjected to retroactive criminal
law. In this regard, particular note should be taken of penalties as defined in the Conenant.
international obligations which apply in a public emer
gency under the Geneva and IL O Conventions. Customary international law prohibits in all circum
stances the denial of such fundamental rights.
67. In a situation of a non-international armed con
flict a state party to the 1949 Geneva Conventions for the 70. Although protections against arbitrary arrest and
protection of war victims may under no circumstances detention (A rt. 9) and the right to a fair and public
suspend the right to a trial by a court offering the hearing in the determination of a criminal charge (Art.
essential guarantees of independence and impartiality 14) may be subject to legitimate limitations if strictly
(A rticle 3 common to the 1949 Conventions). U nder the required by the exigencies of an emergency situation, the
1977 additional Protocol II, the following rights with denial of certain rights fundamental to human dignity
respect to penal prosecution shall be respected under all can never be strictly necessary in any conceivable emer
circumstances by state parties to the Protocol: gency. Respect for these fundamental rights is essential
in order to ensure enjoyment of non-derogable rights and
to provide an effective remedy against their violation. In
(a) the duty to give notice of charges without delay particular:
and to grant the necessary rights and means of defense;
(a) all arrests and detention and the place of detention
(b ) conviction only on the basis of individual penal shall be recorded, if possible centrally, and m ade availa
responsibility; ble to the public without delay;
(c ) the right not to be convicted, or sentenced to a (b ) no person shall be detained for an indefinite
heavier penalty, by virtue of retroactive criminal period of tim e, whether detained pending judicial investi
legislation; gation or trial or detained without charge;
(f) no obligation on the accused to testify against (d) where persons are detained without charge the
himself or to confess guilt; need for their continued detention shall be considered
periodically by an independent review tribunal;
(g) the duty to advise the convicted person on judicial
and other remedies. (e) any person charged with an offense shall be enti
tled to a fair trial by a competent, independent and
6 8 . The ILO basic human rights conventions contain impartial court established by law;
a num ber of rights dealing with such matters as forced
labor, freedom of association, equality in employment (f) civilians shall normally be tried by the ordinary
and trade union and workers’ rights which are not subject courts; where it is found strictly necessary to establish
to derogation during an emergency; others perm it dero military tribunals or special courts to try civilians, their
gation, but only to the extent strictly necessary to meet competence, independence and impartiality shall be en
the exigencies of the situation. sured and the need for them reviewed periodically by the
competent authority;
69. N o state, including those that are not parties to
the Covenant, may suspend or violate, even in times of (g) any person charged with a criminal offense shall
public emergency: be entitled to the presumption of innocence and to at
least the following rights to ensure a fair trial:
(a ) the right to life;
— the right to be informed of the charges promptly, in
detail and in a language he understands,
— the right to have adequate tim e and facilities to 73. The Hum an Rights Committee should develop a
prepare the defense including the right to commu procedure for requesting additional reports under Article
nicate confidentially with his lawyer, 40(1 ) ( b ) from states parties which have given notifica
tion of derogation under Article 4(3 ) or which are
— the right to a lawyer of his choice, with free legal reasonably believed by the Committee to have imposed
assistance if he does not have the means to pay for emergency measures subject to Article 4 constraints.
Such additional reports should relate to questions con
it,
cerning the emergency insofar as it affects the implemen
tation of the Covenant and should be dealt with by the
— the right to be present at the trial, Committee at the earliest possible date.
74. In order to enable the Hum an Rights Committee
— the right not to be compelled to testify against to perform its fact-finding functions more effectively, the
himself or to make a confession, committee should develop its procedures for the consid
eration of communications under the Optional Protocol
— the right to obtain the attendance and examination to perm it the hearing of oral submissions and evidence as
of defense witnesses, well as visits to states parties alleged to be in violation of
the Covenant. If necessary, the states parties to the
Optional Protocol should consider amending it to this
— the right to be tried in public save where the court effect.
orders otherwise on grounds of security with ade
quate safeguards to prevent abuse, 75. The United Nations Commission on Human
Rights should request its Sub-Commission on Prevention
of Discrimination and Protection of Minorities to prepare
— the right to appeal to a higher court; an annual list of states, whether parties to the Covenant
or not, that proclaim, maintain, or term inate a public
(h ) an adequate record of the proceedings shall be emergency together with:
kept in all cases; and,
(a) in the case of a state party, the proclamation and
(i) no person shall be tried or punished again for an notification; and,
offense for which he has already been convicted or (b) in the case of other states, any available and
acquitted. apparently reliable information concerning the proclama
tion, threat to the life of the nation, derogation measures
F. Recommendations Concerning the Functions and and their proportionality, non-discrimination, and respect
Duties of the Human Rights Committee and United for non-derogable rights.
Nations Bodies
76. The United Nations Commission on Human
71. In the exercise of its power to study, report, and Rights and its Sub-Commission should continue to uti
make general comments on states parties’ reports under lize the technique of appointment of special rapporteurs
Article 40 of the Covenant, the Hum an Rights Commit and investigatory and fact-finding bodies in relation to
tee may and should examine the compliance of states prolonged public emergencies.
parties with the provisions of Article 4. Likewise it may
and should do so when exercising its powers in relevant
cases under Article 41 and the Optional Protocol relat
ing, respectively, to interstate and individual
communications.
PART I
PREAMBLE
Article 1
The States Parties to the present Covenant, 1. All peoples have the right of self-determination.
By virtue of that right they freely determine their politi
Considering that, in accordance with the principles cal status and freely pursue their economic, social and
proclaimed in the Charter of the U nited Nations, recogni cultural development.
tion of the inherent dignity and of the equal and inaliena
ble rights of all members of the human family is the 2. All peoples may, for their own ends, freely dispose
foundation of freedom, justice and peace in the world, of their natural wealth and resources without prejudice to
any obligations arising out of international economic co
Recognizing that these rights derive from the inherent operation, based upon the principle of mutual benefit,
dignity of the hum an person, and international law. In no case may a people be
deprived of its own means of subsistence.
Recognizing that, in accordance with the Universal 3. The States Parties to the present Covenant, in
Declaration of Hum an Rights, the ideal of free human cluding those having responsibility for the administration
beings enjoying civil and political freedom and freedom of Non-Self-Governing and Trust Territories, shall pro
from fear and want can only be achieved if conditions are mote the realization of the right of self-determination,
created whereby everyone may enjoy his civil and political and shall respect that right, in conformity with the
rights, as well as his economic, social and cultural rights, provisions of the Charter of the United Nations.
A rticle 9
Article 12
1. Everyone has the right to liberty and security of
person. No one shall be subjected to arbitrary arrest or 1. Everyone lawfully within the territory of a State
detention. No one shall be deprived of his liberty except shall, within that territory, have the right to liberty of
on such grounds and in accordance with such procedures movement and freedom to choose his residence.
as are established by law.
2. Everyone shall be free to leave any country, in
cluding his own.
2. Anyone who is arrested shall be informed, at the
tim e of arrest, of the reasons for his arrest and shall be 3. The above-mentioned rights shall not be subject to
prom ptly informed of any charges against him. any restrictions except those which are provided by law,
are necessary to protect national security, public order
3. Anyone arrested or detained on a criminal charge (ordrepublic), public health or morals or the rights and
shall be brought promptly before a judge or other officer freedoms of others, and are consistent with the other
authorized by law to exercise judicial power and shall be rights recognized in the present Convenant.
entitled to trial within a reasonable time or to release. It
shall not be the general rule that persons awaiting trial 4. N o one shall be arbitrarily deprived of the right to
shall be detained in custody, but release may be subject enter his own country.
to guarantees to appear for trial, at any other stage of the
judicial proceedings, and, should occasion arise, for exe
cution of the judgement. Article 13
4. Anyone who is deprived of his liberty by arrest or An alien lawfully in the territory of a State Party to
detention shall be entitled to take proceedings before a the present Convenant may be expelled therefrom only in
court, in order that that court may decide without delay pursuance of a decision reached in accordance with law
on the lawfulness of his detention and order his release if and shall, except where compelling reasons of national
the detention is not lawful. security otherwise require, be allowed to subm it the
reasons against his expulsion and to have his case re
5. Anyone who has been the victim of unlawful arrest viewed by, and be represented for the purpose before, the
or detention shall have an enforceable right to competent authority or a person or persons especially
compensation. designated by the competent authority.
4. In the case of juvenile persons, the procedure shall
be such as will take account of their age and the desira
1. All persons shall be equal before the courts and bility of promoting their rehabilitation.
tribunals. In the determination of any criminal charge
against him, or of his rights and obligations in a suit at 5. Everyone convicted of a crime shall have the right
law, everyone shall be entitled to a fair and public to his conviction and sentence being reviewed by a higher
hearing by a competent, independent and impartial tribu tribunal according to law.
nal established by law. The press and the public may be
6 . W hen a person has by a final decision been con
excluded from all or part of a trial for reasons of morals,
victed of a criminal offence and when subsequently his
public order (ordre public) or national security in a
conviction has been reversed or he has been pardoned on
democratic society, or when the interest of the private
the ground that a new or newly discovered fact shows
lives of the parties so requires, or to the extent strictly
conclusively that there has been a miscarriage of justice,
necessary in the opinion of the court in special circum
the person who has suffered punishment as a result of
stances where publicity would prejudice the interests of
such conviction shall be compensated according to law,
justice; but any judgem ent rendered in a criminal case or
unless it is proved that the non-disclosure of the unknown
in a suit at law shall be made public except where the
fact in tim e is wholly or partly attributable to him.
interest of juvenile persons otherwise requires or the
proceedings concern matrimonial disputes or the guardi 7. N o one shall be liable to be tried or punished again
anship of children. for an offence for which he has already been finally
convicted or acquitted in accordance with the law and
2. Everyone charged with a criminal offence shall penal procedure of each country.
have the Tight to be presumed innocent until proved
guilty according to law.
Article 15
3. In the determination of any criminal charge
against him, everyone shall be entitled to the following 1 . No one shall be held guilty of any criminal offence
minimum guarantees, in full equality: on account of any act or omission which did not consti
tu te a criminal offence, under national or international
(a) To be informed promptly and in detail in a lan law, at the time when it was committed. N or shall a
guage which he understands of the nature and cause of heavier penalty be imposed than the one that was appli
the charge against him; cable at the time when the criminal offence was commit
ted. If, subsequent to the commission of the offence,
(b ) To have adequate time and facilities for the prep provision is made by law for the imposition of a lighter
aration of his defence and to communicate with counsel penalty, the offender shall benefit thereby.
of his own choosing;
2. Nothing in this article shall prejudice the trial and
(c) To be tried without undue delay; punishm ent of any person for any act or omission which,
at the tim e when it was comitted, was criminal according
(d) To be tried in his presence, and to defend himself to the general principles of law recognized by the com
in person or through legal assistance of his own choosing; munity of nations.
to be informed, if he does not have legal assistance, of
this right; and to have legal assistance assigned to him, in
any case where the interests of justice so require, and Article 16
without payment by him in any such case if he does not
Everyone shall have the right to recognition every
have sufficient means to pay for it;
where as a person before the law.
(e) To examine, or have examined, the witnesses
against him and to obtain the attendance and examina
tion of witnesses on his behalf under the same conditions A rticle 17
as witnesses against him; 1. No one shall be subjected to arbitrary or unlawful
interference with his privacy, family, home or correspon
(f) To have the free assistance of an interpreter if he dence, nor to unlawful attacks on his honour and
cannot understand or speak the language used in court; reputation.
(g) N ot to be compelled to testify against himself or 2. Everyone has the right to the protection of the
to confess guilt. law against such interference or attacks.
1. Everyone shall have the right to freedon of The right of peaceful assembly shall be recognized.
thought, conscience and religion. This right shall include N o restrictions may be placed on the exercise of this
freedom to have or to adopt a religion or belief of his right other than those imposed in conformity with the
choice, and freedom, either individually or in community law and which are necessary in a democratic society in
with others and in public or private, to manifest his the interests of national security or public safety, public
religion or belief in worship, observance, practice and order {ordre public), the protection of public health or
teaching. morals or the protection of the rights and freedoms of
others.
2. N o one shall be subject to coercion which would
impair his freedom to have or to adopt a religion or belief
of his choice. Article 22
3. Freedom to manifest one’s religion or beliefs may
1. Everyone shall have the right to freedom of associ
be subject only to such limitations as are prescribed by
ation with others, including the right to form and join
law and are necessary to protect public safety, order,
trade unions for the protection of his interests.
health, or morals or the fundamental rights and freedoms
of others.
2. N o restrictions may be placed on the exercise of
4. The States Parties to the present Convenant un this right other than those which are prescribed by law
dertake to have respect for the liberty of parents and, and which are necessary in a democratic society in the
when applicable, legal guardians to ensure the religious interests of national security or public safety, public
and moral education of their children in conformity with order {ordre public), the protection of public health or
their own convictions. morals or the protection of the rights and freedoms of
others. This article shall not prevent the imposition of
lawful restrictions on members of the armed forces and
A rticle 19 of the police in their exercise of this right.
1. Everyone shall have the right to hold opinions 3. Nothing in this article shall authorize States Par
without interference. ties to the International Labour Organisation Convention
of 1948 concerning Freedom of Association and Protec
2. Everyone shall have the right to freedom of ex tion of the R ight to Organize to take legislative measures
pression; this right shall include freedom to seek, receive which would prejudice, or apply the law in such a manner
and impart information and ideas of all kinds, regardless as to prejudice, the guarantees provided for in that
of frontiers, either orally, in writing or in print, in the Convention.
form of art, or through any other m edia of his choice.
(b ) To vote and to be elected at genuine periodic 1. The members of the Committee shall be elected
elections which shall be by universal and equal suffrage by secret ballot from a list of persons possessing the
and shall be held by secret ballot, guaranteeing the free qualifications prescribed in article 28 and nominated for
expression of the will of the electors; the purpose by the State Parties to the present Covenant.
(c) To have access, on general terms of equality, to 2. Each State Party to the present Covenant may
public service in his country. nominate not more than two persons. These persons shall
be nationals of the nominating State.
Article 33 Article 37
1. If, in the unanimous opinion of the other mem 1. The Secretary-General of the U nited Nations shall
bers, a m ember of the Committee has ceased to carry out convene the initial meeting of the Committee at the
his functions for any cause other than absence of a Headquarters of the United Nations.
temporary character, the Chairman of the Committee
shall notify the Secretary-General of the U nited Nations, 2. A fter its initial meeting, the Committee shall meet
who shall then declare the seat of that m em ber to be at such times as shall be provided in its rules of
vacant. procedure.
2. In the event of the death or the resignation of a 3. The Committee shall normally m eet at the Head
m ember of the Committee, the Chairman shall immedi quarters of the United Nations or at the United Nations
ately notify the Secretary-General of the U nited Nations, Office at Geneva.
who shall declare the seat vacant from the date of death
or the date on which the resignation takes effect.
A rticle 34
3. The Secretary-General of the United Nations (c ) The Committee shall deal with a m atter referred
may, after consultation with the Committee, transmit to to it only after it has ascertained that all available
the specialized agencies concerned copies of such parts domestic remedies have been invoked and exhausted in
of the reports as may fall within their field of the m atter, in conformity with the generally recognized
competence. principles of international law. This shall not be the rule
where the application of the remedies is unreasonably
4. The Committee shall study the reports subm itted prolonged.
by the States Parties to the present Covenant. It shall
transm it its reports, and such general comments as it may (d ) The Committee shall hold closed meetings when
consider appropriate, to the States Parties. The Commit examining communications under this article.
tee may also transmit to the Economic and Social Coun
cil these comments along with the copies of the reports it (e ) Subject to the provisions of sub-paragraph (c),
has received from States Parties to the present Covenant. the Com mittee shall make available its good offices to the
States Parties concerned with a view to a friendly solu
5. The States Parties to the present Covenant may tion of the m atter on the basis of respect for human
subm it to the Com mittee observations on any comments rights and fundamental freedoms as recognized in the
that may be made in accordance with paragraph 4 of this present Covenant.
article.
(f) In any m atter referred to it, the Committee may
call upon the States Parties concerned, referred to in sub-
paragraph (b ), to supply any relevant information.
(g) The States Parties concerned, referred to in sub months on all or part of the composition of the Commis
paragraph (b ), shall have the right to be represented sion, the members of the Commission concerning whom
when the m atter is being considered in the Committee no agreement has been reached shall be elected by secret
and to make submissions orally and/or in writing. ballot by a two-thirds majority vote of the Committee
from among its members.
(h ) The Committee shall, within twelve months after
the date of receipt of notice under sub-paragraph (b ), 2. The members of the Commission shall serve in
subm it a report: their personal capacity. They shall not be nationals of
the States Parties concerned, or of a State not party to
(i) If a solution within the terms of sub-paragraph the present Covenant, or of a State Party which has not
(e) is reached, the Committee shall confine its made a declaration under article 41.
report to a brief statem ent of the facts and of
the solution reached; 3. The Commission shall elect its own Chairman and
adopt its own rules of procedure.
(ii) If a solution within the terms of sub-paragraph
(e) is not reached, the Committee shall confine 4. The meetings of the Commission shall normally be
its report to a brief statem ent of the facts; the held at the Headquarters of the United Nations or at the
written submissions and record of the oral sub U nited Nations Office at Geneva. However, they may be
missions made by the States Parties concerned held at such other convenient places as the Commission
shall be attached to the report. may determine in consultation with the Secretary-Gen
eral of the United Nations and the States Parties
In every m atter, the report shall be, communicated to concerned.
the States Parties concerned.
5. The secretariat provided in accordance with article
2. The provisions of this article shall come into force 36 shall also service the commissions appointed under
when ten States Parties to the present Covenant have this article.
made declarations under paragraph 1 of this article.
Such declarations shall be deposited by the States Parties 6. The information received and collated by the
with the Secretary-General of the United Nations, who Committee shall be made available to the Commission
shall transm it copies thereof to the other States Parities. and the Commission may call upon the States Parties
A declaration may be withdrawn at any time by notifica concerned to supply any other relevant information.
tion to the Secretary-General. Such a withdrawal shall
not prejudice the consideration of any m atter which is 7. W hen the Commission has fully considered the
the subject of a communication already transm itted m atter, but in any event not later than twelve months
under this article; no further communication by any after having been seized of the m atter, it shall subm it to
State Party shall be received after the notification of the Chairman of the Committee a report for communica
withdrawal of the declaration has been received by the tion to the States Parties concerned:
Secretary-General, unless the State Party concerned has
made a new declaration. (a) If the Commission is unable to complete its con
sideration of the m atter within twelve months, it shall
confine its report to a brief statem ent of the status of its
A rticle 42 consideration of the matter;
A rticle 53
*16 December 1966 (G.A. Res. 2200 (X X I), United
Nations Doc. A/6316)', entiy into force: 23 March,
1. The present Covenant, of which the Chinese, En 1976; 31 ratifications: Barbados, Bolivia, Canada, Cen
glish, French, Russian and Spanish texts are equally tral African Rep., Colombia, Congo, Costa Rica, Den
authentic, shall be deposited in the archives of the mark, Dominican Rep., Ecuador, Finland, Iceland,
United Nations. Italy, Jamaica, Luxembourg, Madagascar, Mauritius,
Netherlands, Nicaragua, Norway, Panama, Peru, Por
2. The Secretary-General of the United Nations shall tugal, Saint Vincent & Grenadines, Senegal, Suriname,
transm it certified copies of the present Covenant to all Sweden, Trinidad & Tobago, Uruguay, Venezuela,
States referred to in article 48. Zaire.
The Committee shall consider inadmissible any com Pending the achievement of the objectives of resolu
munication under the present Protocol which is anony tion 1514 (X V ) adopted by the General Assembly of the
mous, or which it considers to be an abuse of the right of United Nations on 14 December 1960 concerning the
submission of such communications or to be incompati Declaration on the Granting of Independence to Colo
ble with the provisions of the Covenant. nial Countries and Peoples, the provisions of the present
Protocol shall in no way limit the right of petition
granted to these peoples by the Charter of the United
Nations and other international conventions and instru
Article 4
ments under the United Nations and its specialized
agencies.
1. Subject to the provisions of article 3, the Commit
tee shall bring any communications subm itted to it under
the present Protocol to the attention of the State Party to
Article 8
the present Protocol alleged to be violating any provision
of the Covenant. 1. The present Protocol is open for signature by any
State which has signed the Covenant.
2. W ithin six months, the receiving State shall sub
m it to the Committee written explanations or statements 2. The present Protocol is subject to ratification by
clarifying the m atter and the remedy, if any, that may any State which has ratified or acceded to the Covenant.
have been taken by that State. Instrum ents of ratification shall be deposited with the
Secretary-General of the United Nations.
(b ) The individual has exhausted all available domes 1. Subject to the entry into force of the Covenant,
tic remedies. the present Protocol shall enter into force three months
after the date of the deposit with the Secretary-General
This shall not be the rule where the application of the of the United Nations of the tenth instrument of ratifica
remedies is unreasonably prolonged. tion or instrum ent of accession.
A rticle 6 A rticle 10
The Committee shall include in its annual report under The provisions of the present Protocol shall extend to
article 45 of the Covenant a summary of its activities all parts of federal States without any limitations or
under the present Protocol. exceptions.
(b ) The date of the entry into force of the present
Protocol under article 9 and the date of the entry into
1. Any State Party to the present Protocol may force of any amendments under article 1 1 ;
propose an amendment and file it with the Secretary-
(c) Denunciations under article 12.
General of the U nited Nations. The Secretary-General
shall thereupon communicate any proposed amendments
to the States Parties to the present Protocol with a
Article 14
request that they notify him whether they favour a
conference of States Parties for the purpose of consider 1. The present Protocol, of which the Chinese, En
ing and voting upon the proposal. In the event that at glish, French, Russian and Spanish texts are equally
least one third of the States Parties favours such a authentic, shall be deposited in the archives of the
conference, the Secretary-General shall convene the con U nited Nations.
ference under the auspices of the United Nations. Any
amendm ent adopted by a majority of the States Parties 2. The Secretary-General of the United Nations shall
present and voting at the conference shall be subm itted transm it certified copies of the present Protocol to all
to the General Assembly of the United Nations for States referred to in article 48 of the Covenant.
approval.
Article 12
A rticle 13
Directors Emeriti:
DUDLEY B. BONSAL
W H ITN EY N O RTH SEY M O U R (1901-1983)
B E N JA M IN R. SH U TE
BETH UEL M. W EBSTER
price
$2.00 U.S. / 5 SW. FR. / £1 U.K.