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Report No. 200

Siracusa Principles: (referred to in Para 2 of Basic Principle of Madrid Principles)

The following are extracts from the Siracusa Principles on the Limitation and Derogation Provision in the International Covenant on Civil and Political Rights. (UN Document E/UN4/1984/4)

The principle refers to Limitation Clauses, under several headings dealing with the method of interpretation, the meaning of 'prescribed by law', 'a democratic society', 'public order', 'public health', 'public morals' 'national security', 'public safety', 'rights and freedom of others' or 'rights or reputation of others', which are used by the ICCPR.

So far as the media and criminal law is concerned the following item 'restrictions on public trial' is relevant. It says:

"(IX) Restrictions on Public Trial:

38. All trials shall be public unless the Court determines in accordance with law that:

(a) the press or the public should be excluded from all or part of a trial on the basis of specific findings announced in open Court showing that the interest of private lives of the parties or their families or of juveniles so requires; or

(b) the exclusion is strictly necessary to avoid publicity prejudicial to the fairness of the trial or endangering public morals, public order or national security in a democratic society."

Trial by Media free speech and fair trial under Criminal Procedure Code, 1973 Back

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