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
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