A/HRC/22/26 Protection of witnesses 39. In this regard, participants referred to the importance of innovative provisions for the protection of witnesses that are consistent with fair trial, in view of the particular security challenges often presented in counter-terrorism contexts. Good practice examples were provided to suggest that, consistent with fair trial requirements, a witness could be protected while still providing evidence relevant for trial, through for example video testimony from remote locations or distortion of oral testimony. To ensure a fair trial, a court might sometimes need to attach less weight to a particular witness’s statement if, for example, it was not possible to cross-examine the witness, and especially if this affected the ability to test the credibility of the witness. Independent judiciary 40. Discussions also emphasized the indispensable role of an independent judiciary in ensuring lawful State conduct, both as a matter of domestic law and in terms of applicable international instruments. The independence of the judiciary is critical to its credibility, legitimacy and effectiveness in ensuring fair trials in the counter-terrorism context. A judiciary that is, and is seen by the population to be, independent is more likely to be able to administer justice fairly and credibly, and to have the confidence of populations in the quality of its decisions. A counter-terrorism strategy that lacks this key check and balance will be sharply diminished in its effectiveness. 15 Due process for individuals deprived of their liberty 41. Recognition of the rights of an individual to know the reasons why he or she has been detained; the right of the families of a detainee to know where he or she is being held; and the right of a detainee to have access to a lawyer, and to challenge the lawfulness of his or her detention, were noted as critical to the right to fair trial. 16 While all of the basic due process rights are in principle available to terrorism suspects, in the same fashion as to others accused of criminal activity, participants noted that in many jurisdictions this basic principle is neither fully acknowledged nor respected in practice. The result has been instances of clear miscarriages of justice, including issues of mistaken identity, which respect at the outset for these elements of the right to fair trial would have mitigated. Discussions highlighted the importance of prompt access to legal counsel also as a measure to prevent torture and other ill-treatment. As such treatment may also result in a forced confession, respect for these guarantees is particularly important to the right to fair trial. Participants also highlighted the importance of family notification, including in circumstances where the suspect arrested was the main breadwinner, whose family would soon be confronted with destitution unless other arrangements for care could be implemented. 42. Participants also underscored the importance of recognition in practice of the legitimacy of counsel’s independent role in defending persons accused of terrorism, as well as of adequate remuneration for legal aid services by defence counsel. Alongside an independent judiciary, respect for the legitimate and independent role of legal counsel was seen by participants as the second cornerstone of an effective adversarial process, this required counsel being permitted, within the bounds of the law, to raise all arguments in 15 16 The importance of the independence, impartiality and integrity of the judiciary as a prerequisite for upholding the rule of law, as well as of ensuring non-discrimination in the administration of justice, was recently reaffirmed by all Member States through the General Assembly Declaration on the rule of law at national and international levels (A/RES/67/1). International Covenant on Civil and Political Rights, arts. 9 (3) and 14. 13