A/HRC/8/13 page 14 an appropriate impartial body all cases of missing and disappeared persons in circumstances which may involve a violation of the right to life. I again call on all States to adhere to this important new treaty, as a sign of their good faith and commitment to the most basic principles of the rule of law. 4. Fair trial 40. It has been argued by some that existing safeguards associated with the right to fair trial in prosecuting terrorist crimes are inappropriate to ensure that the guilty are convicted, and that special courts with special procedures can be more suitable instead. I fundamentally disagree with such an argument, which insufficiently recognizes the ultimately criminal character of terrorist acts. Article 10 of the Universal Declaration of Human Rights and article 14 of the ICCPR, which both aim at ensuring the proper administration of justice, set out the bedrock norms applicable in all trials, whether of alleged terrorists or otherwise. State should ensure that all guarantees of due process are respected when arresting, charging and prosecuting a suspect of terrorism-related crime. They should benefit from the usual series of specific due process rights, including that all persons should be equal before the courts and tribunals; that in criminal or civil cases everyone has a right to a fair and public hearing by a competent, independent and impartial tribunal; that everyone charged with a criminal offence should have the right to be presumed innocent until proved guilty according to law; and that everyone convicted of a crime should have the right for his conviction and sentence to be reviewed by a higher tribunal according to law. 41. The Human Rights Committee has recently adopted its revised general comment 32 on the right to a fair trial and equality before the courts and tribunals, providing important fresh guidance in this area. The general comment re-emphasizes that the right to a fair trial and to equality before the courts and tribunals are key elements of human rights protection and serve by procedural means to safeguard the rule of law. 42. The use of exceptional courts to try civilians has impacted upon the effectiveness of regular court systems and often has seriously prejudicial impacts on due process and non-discrimination rights, depending upon the nature of the tribunal or court and any restrictions placed upon a person facing charges before such a tribunal. Guaranteeing the rights of terrorist suspects to a fair trial is critical for ensuring that anti-terrorism measures respect the rule of law and that such measures are seen to be fair. In particular, the circumstances are rare that a military court will be the appropriate venue to try a civilian. 43. Indefinite, secret and incommunicado detention of terrorist suspects without adequate access to courts and due process continues to be of grave concern. Where any individual is detained - regardless of the context - appropriate due process, judicial review and recognition before the law - are essential. Incommunicado or secret detention is a violation of States’ legal obligation under article 7 of ICCPR.9 9 General comment No. 20 (1992) of the Human Rights Committee.