17.
Article 14, paragraph 5, provides that everyone convicted of a crime shall have the right to
his conviction and sentence being reviewed by a higher tribunal according to law. Particular
attention is drawn to the other language versions of the word “crime” (“infraction”, “delito”,
“prestuplenie”) which show that the guarantee is not confined only to the most serious offences. In
this connection, not enough information has been provided concerning the procedures of appeal, in
particular the access to and the powers of reviewing tribunals, what requirements must be satisfied
to appeal against a judgement, and the way in which the procedures before review tribunals take
account of the fair and public hearing requirements of paragraph 1 of article 14.
18.
Article 14, paragraph 6, provides for compensation according to law in certain cases of a
miscarriage of justice as described therein. It seems from many State reports that this right is often
not observed or insufficiently guaranteed by domestic legislation. States should, where necessary,
supplement their legislation in this area in order to bring it into line with the provisions of the
Covenant.
19.
In considering State reports differing views have often been expressed as to the scope of
paragraph 7 of article 14. Some States parties have even felt the need to make reservations in
relation to procedures for the resumption of criminal cases. It seems to the Committee that most
States parties make a clear distinction between a resumption of a trial justified by exceptional
circumstances and a re-trial prohibited pursuant to the principle of ne bis in idem as contained in
paragraph 7. This understanding of the meaning of ne bis in idem may encourage States parties to
reconsider their reservations to article 14, paragraph 7.
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