CCPR/C/GC/32 Page 18 62. The procedural guarantees of article 13 of the Covenant incorporate notions of due process also reflected in article 14123 and thus should be interpreted in the light of this latter provision. Insofar as domestic law entrusts a judicial body with the task of deciding about expulsions or deportations, the guarantee of equality of all persons before the courts and tribunals as enshrined in article 14, paragraph 1, and the principles of impartiality, fairness and equality of arms implicit in this guarantee are applicable.124 All relevant guarantees of article 14, however, apply where expulsion takes the form of a penal sanction or where violations of expulsion orders are punished under criminal law. 63. The way criminal proceedings are handled may affect the exercise and enjoyment of rights and guarantees of the Covenant unrelated to article 14. Thus, for instance, to keep pending, for several years, indictments for the criminal offence of defamation brought against a journalist for having published certain articles, in violation of article 14, paragraph 3 (c), may leave the accused in a situation of uncertainty and intimidation and thus have a chilling effect which unduly restricts the exercise of his right to freedom of expression (article 19 of the Covenant).125 Similarly, delays of criminal proceedings for several years in contravention of article 14, paragraph 3 (c), may violate the right of a person to leave one’s own country as guaranteed in article 12, paragraph 2 of the Covenant, if the accused has to remain in that country as long as proceedings are pending.126 64. As regards the right to have access to public service on general terms of equality as provided for in article 25 (c) of the Covenant, a dismissal of judges in violation of this provision may amount to a violation of this guarantee, read in conjunction with article 14, paragraph 1 providing for the independence of the judiciary.127 65. Procedural laws or their application that make distinctions based on any of the criteria listed in article 2, paragraph 1 or article 26, or disregard the equal right of men and women, in accordance with article 3, to the enjoyment of the guarantees set forth in article 14 of the Covenant, not only violate the requirement of paragraph 1 of this provision that “all persons shall be equal before the courts and tribunals,” but may also amount to discrimination.128 Communication No. 1051/2002 Ahani v. Canada, para. 10.9. See also communication No. 961/2000, Everett v. Spain, para. 6.4 (extradition), 1438/2005, Taghi Khadje v. Netherlands, para. 6.3. 124 See communication No. 961/2000, Everett v. Spain, para. 6.4. 125 Communication No. 909/2000, Mujuwana Kankanamge v. Sri Lanka, para. 9.4. 126 Communication No. 263/1987, Gonzales del Rio v. Peru, paras. 5.2 and 5.3. 127 Communications No. 933/2000, Mundyo Busyo et al. v. Democratic Republic of Congo, para. 5.2.; No. 814/1998, Pastukhov v. Belarus, para. 7.3. 128 Communication No. 202/1986, Ato del Avellanal v. Peru, paras. 10.1 and 10.2. 123