E/CN.4/2006/120 page 31 32 Ibid., Section 1005 (2) (A), (B), and (C). 33 See also article 9 (4): “Anyone who is deprived of his liberty by arrest or detention shall be entitled to take proceedings before a court, in order that that court may decide without delay on the lawfulness of his detention and order his release if the detention is not lawful.” 34 Principle No. 5 of the Basic Principles on the independence of the Judiciary, endorsed by General Assembly resolutions 40/32 of 29 November 1985 and 40/146 of 13 December 1985. 35 Human Rights Committee, general comment No. 13 (1984), para. 4, and Kurbanov v. Tajikistan, Communication No. 1096/2002, Views of the Human Rights Committee of 6 November 2003, para. 7.6. 36 General comment No. 13, supra note 35, para. 4. 37 Principles No. 10, Basic Principles on the Independence of the Judiciary (see supra note 34). 38 See supra note 8. 39 General comment No. 29, supra note 12, paras. 10-11: “States parties may in no circumstance invoke article 4 of the Covenant as justification for acting in violation of humanitarian law or peremptory norms of international law, for instance by taking hostages, by imposing collective punishments, through arbitrary deprivations of liberty or by deviating from fundamental principles of fair trial, including the presumption of innocence.” 40 United Nations Basic Principles on the Role of Lawyers, adopted by the Eighth United Nations Congress on the Prevention of Crime and the Treatment of Offenders, Havana, Cuba, 27 August to 7 September 1990. 41 Principles No. 1 and 5 as well as 16 and 21 of the Basic Principles on the Role of Lawyers (see note supra 40). 42 See Rule 100 of the List of Customary Rules of International Humanitarian Law, published as an annex to the ICRC Study on customary international law: “No one may be convicted or sentenced, except pursuant to a fair trial affording all essential judicial guarantees.” (http://www.icrc.org/Web/eng/siteeng0.nsf/htmlall/review-857-p175/$File/ irrc_857_Henckaerts.pdf). 43 General comment No. 13, supra note 13, para. 10. 44 See supra note 2. 45 See, e.g., CCPR/CO/77/EST (Estonia), para. 8; CCPR/CO/76/EGY (Egypt), para. 16; CCPR/CO/75/YEM (Yemen), para. 18; CCPR/CO/75/NZL (New Zealand), para. 11; CCPR/75/MDA (Moldova), para. 8; CCPR/CO/74/SWE (Sweden), para. 12; CCPR/CO/73/UK (United Kingdom), para. 6; CAT/C/XXIX/Misc.4 (Egypt), para. 4; CAT/C/CR/28/6 (Sweden), para. 6 (b).