DOC/OS(XXX)247 Page 22 (viii) an entitlement to seek the assistance of and be represented by a representative of the party’s choosing in all proceedings before the traditional court; (ix) an entitlement to have a party’s rights and obligations affected only by a decision based solely on evidence presented to the traditional court; (x) an entitlement to a determination of their rights and obligations without undue delay and with adequate notice of and reasons for the decisions; (xi) an entitlement to an appeal to a higher traditional court, administrative authority or a judicial tribunal; (xii)all hearings before traditional courts shall be held in public and its decisions shall be rendered in public, except where the interests of children require or where the proceedings concern matrimonial disputes or the guardianship of children; c) The independence of traditional courts shall be guaranteed by the laws of the country and respected by the government, its agencies and authorities: (i) they shall be independent from the executive branch; (ii) there shall not be any inappropriate or unwarranted interference with proceedings before traditional courts. d) States shall ensure the impartiality of traditional courts. In particular, members of traditional courts shall decide matters before them without any restrictions, improper influence, inducements, pressure, threats or interference, direct or indirect, from any quarter. (i) The impartiality of a traditional court would be undermined when one of its members has: (1) expressed an opinion which would influence the decision-making; (2) some connection or involvement with the case or a party to the case; (3) a pecuniary or other interest linked to the outcome of the case. (ii) Any party to proceedings before a traditional court shall be entitled to challenge its impartiality on the basis of ascertainable facts that the fairness any of its members or the traditional court appears to be in doubt. e) The procedures for complaints against and discipline of members of traditional courts shall be prescribed by law. Complaints against members of traditional courts shall be processed promptly and expeditiously, and with all the guarantees of a fair hearing, including the right to be represented by a legal representative of choice and to an independent review of decisions of disciplinary, suspension or removal proceedings. R. NON-DEGORABILITY CLAUSE No circumstances whatsoever, whether a threat of war, a state of international or internal armed conflict, internal political instability or any other public emergency, may be invoked to justify derogations from the right to a fair trial. S. USE OF TERMS For the purpose of these Principles and Guidelines: a) “Arrest” means the act of apprehending a person for the alleged commission of an offence or by the action of an authority. b) “Criminal charge” is defined by the nature of the offence and the nature and degree of severity of the penalty incurred. An accusation may constitute a criminal charge although the offence is not classified as criminal under national law. c) “Detained person” or “detainee�� means any individual deprived of personal liberty except as a result of conviction for an offence. d) “Detention” means the condition of a detained person. e) “Imprisoned person” or “prisoner” means any individual deprived of personal liberty as a result of conviction for an offence.