DIPLOMATIC AND PARLIAMENTARY PRACTICE

in The Italian Yearbook of International Law Online
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Abbreviations used for political parties: DC = Democrazia cristiana; DN = Demo- crazia nazionale; DP = Democrazia proletaria; MSIDN = Movimentc sociale italiano - De- stra nazionale; PCI = Partito comunista italiano; PLI = Partito liberale italiano; PR = Partito radicale; PRI = Partito repubblicano italiano; PSDI = Partito socialdemocratico ita- liano; PSI = Partito socialista italiano; IND-left = Indipendenti di sinistra.

1 The Representative of the Community, Mr. Lau, suggested the inclusion in the draft articles, as new Art. 23 bis, of the following text, which would have the advantage of being very close to Art. XXIV of the General Agreement on Tariffs and Trade: Article 23 bis A beneficiary State is not entitled under a most-favoured-nation clause to the treatment provided for in an agreement establishing a customs union or a free-trade area or in a provisional agreement concluded with a view to the establishment of such a union or such a zone and extended by the granting State or party to a third State or party as co-party to that agreement.

1 For the text of the Decree, see this Yearbook, p. 396 ff.

I The operative para. i of the draft resolution was adopted with 58 votes in favour, i against and 58 abstensions. The draft resolution in its entirety was adopted by the Third Committee without vote (Cf. Doc. A/35/72I, p. 16).

1 The text of the principles quoted reads as follows: Principle 8 The authorities responsible for arresting the suspect and keeping him in detention shall as far as possible be distinct from those entrusted with the investigation of the case. Both authorities shall be under the control of a judicial or other authority. (Draft Principles, Art. 26.) Principle 9 i. Before an order of detention is issued, the person concerned shall be given an opportunity to be heard. He shall have the right to defend himself or be assisted by counsel as prescribed by law. 2. The order of detention, together with the reasons thereof, shall be communicated

promptly to a detained person and to his counsel, if any. A copy of such records shall be provided to the detained person and his counsel. 3. There shall be a review of the lawfulness and necessity of the detention by a judicial or other authority ex officio at regular intervals. (Covenant, Art. 9, para. 3; Draft Principles, Arts. 10, 13 and 15.) Principle 16 i. A detained person shall be allowed ample opportunity for consultations with his counsel. 2. Written messages between a detained person and his counsel shall not be censored, nor shall the transmittal thereof be delayed. 3. Interviews between a detained person and his counsel may be within sight, but not within the hearing, of a police or other law enforcement official. 4. The right of a detained person to be visited by and to communicate with his counsel may not be suspended or restricted save in exceptional circumstances, to be specified by law, when it is considered indispensable by the judicial or other authority in order to maintain security and good order in the place of detention. 5. The communications between a detained person and his counsel mentioned in this principle shall be deemed privileged. (Covenant, Art. 14, para. 3; Draft Principles, Art. 21.) (Doc. A/35/40I, Annex, p. 3 ss. Also in Doc. E/CN.4/iz�6, para. 109.)

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