part of the public for reasons spelt out in that paragraph." It noted in conclusion that, “apart
from such exceptional circumstances, the Committee considers that a hearing must be open to the
public in general, including members of the press, and must not, for instance, be limited only to a
particular category of persons...” ‘
17. It follows from the foregoing that pronouncing a criminal judgment in a
judge's chambers even where its doors are open, and even if it is not strictly in
camera, is nonetheless an unacceptable limitation to the principle of publicity
set forth in Article 14 (1) of the ICCPR and is a key component of a fair trial.
For this reason, I cannot go along with the Court's reasoning on this particular
point.
Arusha, 3 June, 2016
Judge Rafaéa BEN ACHOUR
° Emphasis added
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