18
Macao: Strengthening Human Rights Safeguards
4.4
The ICCPR also states that all trials should be public, with any exceptions to this principle limited and clearly defined. It also provides the following minimum guarantees in relation to the determination of a criminal charge against anyone:
(i) to be informed promptly and in detail in a language which they understand of the nature and cause of the charge against them;
(ii) to be tried in their presence and to defend themselves in person or through legal assistance of their own choosing (it is important that the right to legal assistance should be available both during the preparation of the defence and during hearings before judicial authorities);
(iii) to examine or to have examined the witnesses against them and to obtain the attendance and examination of witnesses on their behalf under the same conditions as witnesses against them;
(iv) not to be compelled to testify against themselves or to confess guilt;
(v) to have their conviction and sentence reviewed by a higher tribunal;
(vi) not to be held guilty of any criminal offence on account of acts which did not constitute a criminal offence at the time when they were committed.
The ICCPR also contains specific provisions relevant to fair trials for criminal defendants, such as a guarantee of the free assistance of an interpreter if the defendant cannot understand the language of the court, and the right to free legal assistance. The Draft Basic Law in Article 36 provides only the right to "get help from lawyers"; it does not assure that the government will provide legal assistance or interpretation to criminal defendants.
Amnesty International recommends that the safeguards of the right to a fair trial in the Draft Basic Law be strengthened by incorporating all the guarantees recognized in Articles 9, 10, 14 and 15 of the ICCPR, and that the Draft Basic Law state clearly that the fair trial provisions of the ICCPR shall form a part of the law of the Macao SAR,
Protection against the imprisonment of prisoners of conscience
The Draft Basic Law provides some protection for the rights of those persons who might otherwise be detained as prisoners of conscience. The Draft Basic Law, however, still poses significant risks to human rights defenders, journalists, religious teachers,
Al Index: ASA 27/01/91
Amnesty International November 1991