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Philippine Bar review · Question

Practice question: Treatment of Aliens

Multiple Choice Hard

Practice question

A foreign defendant is tried by a tribunal in a State Party. Officials deny adequate defense preparation and communication with chosen counsel solely because the defendant is an alien, while granting them to similarly situated citizens. No valid exception is stipulated. Which ICCPR analysis is correct?
  1. Nationality automatically justifies the difference
  2. Article 14’s minimum criminal-process guarantees apply in full equality and do not contain that general alien exclusion.
  3. Only domestic property law applies
  4. The embassy must personally conduct the trial
  5. The defendant must first become a citizen

Legal references

  • International Covenant on Civil and Political Rights, Articles 10-12, 14-15, 18, 20 and 25-27: https://2covenants.ohchr.org/About-ICCPR.html

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