2. Anyone who is arrested shall be informed, at the time of arrest, of the reasons for his arrest and shall be promptly informed of any charges against him. 3. Anyone arrested or detained on a criminal charge shall be brought promptly before a judge or other officer authorized by law to exercise judicial power and shall be entitled to trial within a reasonable time or to release. It shall not be the general rule that persons awaiting trial shall be detained in custody, but release may be subject to guarantees to appear for trial, at any other stage of the judicial proceedings, and, should occasion arise, for execution of the judgment. 4. Anyone who is deprived of his liberty by arrest or detention shall be entitled to take proceedings before a court, in order that such court may decide without delay on the lawfulness of his detention and order his release if the detention is not lawful. 5. Anyone who has been the victim of unlawful arrest or deprivation of liberty shall have an enforceable right to compensation. Article 9 No one shall be imprisoned merely on the ground of inability to fulfil a contractual obligation. Article 10 1. Subject to any general law of the State concerned which provides for such reasonable restrictions as may be necessary to protect national security, public safety, health or morals or the rights and freedoms of others, consistent with the other rights recognized in this covenant: (a) Everyone legally within the territory of a State shall, within that territory, have the right to (i) liberty of movement and (ii) freedom to choose his residence; (b) Everyone shall be free to leave any country including his own. 2. (a) No one shall be subjected to arbitrary exile; (b) Subject to the preceding subparagraph, anyone shall be free to enter his own country. Article 11 An alien lawfully in the territory of a State party hereto may be expelled therefrom only in pursuance of a decision reached in accordance with law and shall, except where compelling reasons of national security otherwise require, be allowed to submit the reasons against his expulsion and to have his case reviewed by and be represented for the purpose before the competent authority or a person or persons specially designated by the competent authority. Article 12 1. All persons shall be equal before the courts or tribunals. In the determination of any criminal charge against him, or of his rights and obligations in a suit at law, everyone shall be entitled to a fair and public hearing by a competent, independent and impartial tribunal established by law. The Press and public may be excluded from all or part of a trial for reasons of morals, public order or national security in a democratic society, or when the interest of the private lives of the parties so requires, or to the extent strictly necessary in the opinion of the Court in special circumstances where publicity would prejudice the interest of justice; but any judgment rendered in a criminal case or in a suit of law shall be pronounced publicly except where the interest of juveniles otherwise requires or the proceedings concern matrimonial disputes or the guardianship of children. 2. Everyone charged with a criminal offence shall have the right to be presumed innocent until proved guilty according to law. In the determination of any criminal charge against him, everyone shall be entitled to the following minimum guarantees, in full equality: (a) To be informed promptly in a language which he understands and in detail of the nature and cause of the accusation against him; (b) To have adequate time and facilities for the preparation of his defence; (c) To defend himself in person or through legal assistance of his own choosing; to be informed, if he does not have legal assistance, of this right; and to have legal assistance assigned to him, in any case where the interests of justice so require, and without payment by him in any such case where he does not have sufficient means to pay for it; (d) To examine, or have examined the witnesses against him and to obtain the attendance and examination of witnesses on his behalf under the same conditions as witnesses against him; (e) To have the free assistance of an interpreter if he cannot understand or speak the language used in court; (f) Not to be compelled to testify against himself, or to confess guilt. 3. In the case of juveniles, the procedure shall be such as will take account of their age and the desirability of promoting their rehabilitation. 4. In any case where by a final decision a person has been convicted of a criminal offence and where subsequently his conviction has been reversed or he has been pardoned on the ground that a new or newly discovered fact shows conclusively that there has been a miscarriage of justice, the person who has suffered punishment as a result of such conviction shall be compensated unless it is proved that the nondisclosure of the unknown fact in time is wholly or partly attributable to him. Article 13 1. No one shall be held guilty of any criminal offence on account of any act or omission which did not constitute a criminal offence, under national or international law, at the time when it was committed. Nor shall a heavier penalty be imposed than the one that was applicable at the time when the criminal offence was committed. If, subsequent to the commission of the offence, provision is made by law for the imposition of a lighter penalty, the offender shall benefit thereby. 2. Nothing in this article shall prejudice the trial and punishment of any person for any act or omission, which, at the time when it was committed, was criminal according to the general principles of law recognized by the community of nations. Article 14 Everyone shall have the right to recognition everywhere as a person before the law. Article 15 1. Everyone shall have the right to freedom of thought, conscience and religion. This right shall include freedom to maintain or to change his religion or belief, and freedom, either individually or in community with others and in public or private, to manifest his religion or belief in worship, observance, practice and teaching. 2. No one shall be subject to coercion which would impair his freedom to maintain or to change his religion or belief. 3. Freedom to manifest one's religion or beliefs may be subject only to such limitations as are prescribed by law and are necessary to protect public safety, order, health, or morals or the fundamental rights and freedoms of others. Article 16 1. Everyone shall have the right to hold opinions without interference. 2. Everyone shall have the right to freedom of expression; this right shall include freedom to seek, receive and impart information and ideas of all kinds, regardless of frontiers, either orally, in writing or in print, in the from of art, or through any other media of his choice. 3. The exercise of the rights provided for in the foregoing paragraph carries with it special duties and responsibilities. It may therefore be subject to certain restrictions, but these shall be such only as are provided by law and are necessary, (1) for respect of the rights or reputations of others, (2) for the protection of national security or of public order, of public health or morals. Article 17 The right of peaceful assembly shall be recognized. No restrictions may be placed on the exercise of this right other than those imposed in conformity with the law and which are necessary in a democratic society in the interests of national security or public safety, public order, the protection of public health or morals or the protection of the rights and freedoms of others. Article 18 1. Everyone shall have the right to freedom of association with others, including the right to form and join trade unions for the protection of his interests. 2. No restrictions may be placed on the exercise of this right other than those prescribed by law and which are necessary in a democratic society in the interests of national security or public safety, public order, the protection of public health or morals or the protection of the rights and freedoms of others. This article shall not prevent the imposition of lawful restrictions on the exercise of this right by members of the armed forces or of the police. 3. Nothing in this article shall authorize States Parties to the Freedom of Association and Protection of the Right to Organize Convention, 1948, to take legislative measures which would prejudice, or apply the law in such a manner as to prejudice, the guarantees provided for in that convention. Article 19 All persons are equal before the law. The law shall prohibit any discrimination and guarantee to all persons equal and effective protection against discrimination on any ground such as race, colour, sex, language, religion, political or other opinion, national or social origin, property, birth or other status. PART IV (COMPLAINT PROCEDURE) [Part IV was revised by the Commission on Human Right at its 1951 session and was not considered at its 1952 session because of the lack of sufficient time to do so. The renumbering of the articles of Parts IV and V is not official, but has been done for the convenience of the reader. The Commission has not as yet decided whether the implementation procedure set forth in this Part IV should also be included in the Covenant on Economic, Social and Cultural Rights. The discussion in the 1951 session of the Commission indicated, however, wide sentiment in the Commission against the applicability of this procedure to the economic, social, and cultural rights. This procedure was initially drafted by the Commission with respect to the civil and political rights in this Covenant. For these reasons this procedure is included only in this Covenant.] Article 20 [formerly Article 33] [Note: The Commission decided at its 1951 session to postpone the vote on the whole of this article. The following is the provisional text of the article.] 1. With a view to the implementation of the provisions of the International Covenant on Human Rights, there shall be set up a Human Rights Committee, hereinafter referred to as "the Committee", composed of nine members with the functions hereinafter provided. 2. The Committee shall be composed of nationals of the States Parties to the Covenant who shall be persons of high moral standing and recognized competence in the field of human rights, consideration being given to the usefulness of the participation of some persons having a judicial or legal experience. 3. The members of the Committee shall be elected and shall serve in their personal capacities. Article 21 1. The members of the Committee shall be elected from a list of persons possessing the qualifications prescribed in Article 33 [now 20] and specially nominated for that purpose by the States Parties to the Covenant. 2. Each State shall nominate at least two and not more than four persons. These persons may be nationals of the nominating State or of any other State Party to the Covenant. 3. Nominations shall remain valid until new nominations are made for the purpose of the next election under Article 39 [now 26]. A person shall be eligible to be renominated. Article 22 [formerly Article 35] At least three months before the date of each election to the Committee, the Secretary General of the United Nations shall address a written request to the States Parties to the Covenant inviting them, if they have not already submitted their nominations, to submit them within two months. Article 23 [formerly Article 36] The Secretary General of the United Nations shall prepare a list in alphabetical order of all the persons thus nominated, and submit it to the International Court of Justice and to the States Parties to the Covenant. Article 24 [formerly Article 37] 1. The Secretary-General of the United Nations, on behalf of the States Parties to the Covenant, shall request the International Court of Justice to elect the members of the Committee from the list referred to in Article 36 [now 23] and in accordance with the conditions set out below. 2. On receipt of the list from the Secretary-General of the United Nations, the President of the International Court of Justice shall fix the time of elections for members of the Committee. Article 25 1. No more than one national of any State may be a member of the Committee at any time. 2. In the election of the Committee consideration shall be given to equitable geographical distribution of membership and to the representation of the main forms of civilization. The persons elected shall be those who obtain the largest number of votes and an absolute majority of the votes of all the members of the Court. 3. The quorum of nine laid down in Article 25, paragraph 3, of the Statute of the Court shall apply for the holding of the elections by the Court. Article 26 The members of the Committee shall be elected for a term of five years and be eligible for re-election. However, the terms of five of the members elected at the first election shall expire at the end of two years. Immediately after the first election the names of the members whose terms expire at the end of the initial period of two years shall be chosen by lot by the President of the International Court of Justice. Article 27 1. Should a vacancy arise, the provisions of Articles 35, 36, 37 and 38 [now 22, 23, 24 and 25] shall apply to the election. 2. A member of the Committee elected to fill a vacancy shall, if his predecessor's term of office has not expired, hold office for the remainder of that terin. Article 28 A member of the Committee shall remain in office until his successor has been elected; but if the Committee has, prior to the election of his successor, begun to consider a case, he shall continue to act in that case, and his successor shall not act in that case. 30572-53-22 Article 29 [formerly Article 42] The resignation of a member of the Committee shall be addressed to the Chairman of the Committee through the Secretary of the Committee who shall immediately notify the Secretary-General of the United Nations and the International Court of Justice. Article 30 The members of the Committee and the Secretary, when engaged on the business of the Committee, shall enjoy diplomatic privileges and immunities. Article 31 1. The Secretary of the Committee shall be appointed by the International Court of Justice from a list of three names submitted by the Committee. 2. The candidate obtaining the largest number of votes and an absolute majority of the votes of all the members of the Court shall be declared elected. 3. The quorum of nine laid down in Article 25, paragraph 3 of the Statute of the Court shall apply for the holding of the election by the Court. Article 32 [formerly Article 45] The Secretary-General of the United Nations shall convene the initial meeting of the Committee at the Headquarters of the United Nations. Article 33 [formerly Article 46] The Committee shall, at its initial meeting, elect its Chairman and ViceChairman for the period of one year. Article 34 [formerly Article 47] The Committee shall establish its own rules of procedure, but these rules shall provide that: (a) Seven members shall constitute a quorum; (b) The work of the Committee shall proceed by a majority vote of the members present; in the event of an equality of votes the Chairman shall have a casting vote; (c) All States Parties to the Covenant having an interest in any matter referred to the Committee under Article 52 [now 39] shall have the right to make submissions to the Committee in writing. The States referred to in Article 52 [now 39] shall further have the right to be represented at the hearings of the Committee and to make submissions orally. (d) The Committee shall hold hearings and other meetings in closed session. Article 35 [formerly Article 48] 1. After its initial meeting the Committee shall meet: (a) At such times as it deems necessary; (b) When any matter is referred to it under Article 52 [now 39]; (c) When convened by its Chairman or at the request of not less than five of is members. 2. The Committee shall meet at the permanent Headquarters of the United Nations or at Geneva. Article 36 The Secretary of the Committee shall attend its meetings, make all necessary arrangements, in accordance with the Committee's instructions, for the prepara |