130. Article 14 covers the right of access to the courts in cases of determination of criminal charges and rights and obligations in judicial proceedings. Access to the administration of justice must be effectively guaranteed in all such cases to ensure that no individual is procedurally deprived of his or her right to claim justice. 131. The right to a fair and public hearing by a competent, independent and impartial court or tribunal established by law pursuant to the second paragraph of Article 14(1) shall be guaranteed in cases concerning the determination of criminal charges against persons or of their rights and obligations in a judicial proceeding. Criminal charges relate in principle to acts declared punishable under domestic criminal law. (See Human Rights Committee, General Comment No. 37 § 15). 132. The meaning of “court” in Article 14 (1) designates a body, regardless of its name, that is established by law, is independent of the executive and legislative branches of government and of the public authorities, or enjoys in specific cases judicial independence to decide matters in proceedings of a judicial nature. Article 14 (1), second sentence, guarantees access to such courts to all those who have criminal charges against them. This right cannot be limited and any criminal conviction by a body that does not constitute a court is incompatible with this provision. Similarly, whenever rights and obligations are determined in a lawsuit, this must be done at least at one stage of the process by a court within the meaning of this sentence. The requirement of a court's competence, independence and impartiality within the meaning of Article 14(1) is an absolute right that is not subject to any exception. (See Human Rights Committee, General Comment No. 32 § 18, 19). 133. The requirement of independence refers, in particular, to the procedure and qualifications for the appointment of judges and guarantees concerning 31

Select target paragraph3