A/HRC/30/18 which details State parties’ obligations under article 14 of the International Covenant on Civil and Political Rights, and reaffirms that scrupulous respect of the guarantees of a fair trial is particularly important in trials leading to the imposition of the death penalty, and that, therefore, the imposition of a death sentence following a trial in which the provisions of article 14 of the Covenant have not been respected constitutes a violation of the right to life. 21. The death penalty is of particular concern when imposed by military courts and tribunals, especially on civilians. The Working Group on Arbitrary Detention has concluded that military justice systems should be prohibited from imposing the death penalty under all circumstances (see E/CN.4/1999/63, para. 80). 22. Recently, a new phenomenon of sentencing large groups of individuals in mass trials has emerged and led to major concerns that such mass trials violate international human rights standards regarding fair trial guarantees. In particular, those trials appear to have been marred by procedural irregularities, including a lack of adequate, timely access to lawyers and instances of trials in absentia, and a lack of respect for the presumption of innocence (see A/HRC/27/23 and Corr.1, paras. 43–53). Pursuant to general comment No. 32 (2007) of the Human Rights Committee, the presumption of innocence, which is fundamental to the protection of human rights, imposes on the prosecution the burden of proving the charge, guarantees that no guilt can be presumed until the charge has been proved beyond reasonable doubt, ensures that the accused has the benefit of doubt, and requires that persons accused of a criminal act must be treated in accordance with that principle. 23. Effective assistance by defence counsel is an important element in the right to a fair trial in capital cases. Article 14 (3) (d) of the International Covenant on Civil and Political Rights requires States parties to provide legal assistance to indigent defendants “in any case where the interests of justice so require”. The Human Rights Committee has observed that “it is axiomatic that legal assistance be available in capital cases” and concluded that “the absence of counsel constituted unfair trial”.26 The Committee against Torture has also urged States parties to guarantee effective assistance by legal counsel for death row inmates at all stages of proceedings.27 In December 2012, the General Assembly adopted the United Nations Principles and Guidelines on Access to Legal Aid in Criminal Justice Systems, recognizing the right to legal aid for persons facing the death penalty at all stages of the criminal justice process.28 24. Article 6 (4) of the International Covenant on Civil and Political Rights states that anyone sentenced to death shall have the right to seek pardon or commutation of the sentence. It also states that amnesty, pardon or commutation of the sentence of death may be granted in all cases. Therefore, national laws must provide the possibility of, and corresponding procedure for, granting amnesty, pardon and commutation of death sentences for humanitarian and other reasons. 26 27 28 8 See communications No. 223/1987, Robinson v. Jamaica, Views adopted on 30 March 1989, paras. 10.3–12 and No. 1096/2002, Kurbanov v. Tajikistan, Views adopted on 6 November 2003, para. 6.5. See CAT/C/JPN/CO/2, para. 15. See General Assembly resolution 67/187, annex, para. 20.