Rights during trial - adequate preparation of defence

Afghanistan

Afghanistan - Military Criminal Procedure Code 2010 EN

Chapter 3 Investigations

Article 23.
Defense Counsel Presence

(a) The defense counsel at all stages of the case has equal rights with the prosecutor to gather and review evidence relating to the case, ask questions and get answers to obtain information and clarify the case.

(b) The defense counsel has the right to be present at all interrogations of the accused.

(c) The accused and defense counsel have the right to be present during all searches, line-up procedures, witness interrogations, expert examinations, and the trial itself. The defense counsel will have equal opportunity to ask questions or gather information during these sessions.

(d) In the case of searches, interviews, interrogations, line-ups or expert examinations arranged by the prosecutor, either himself or through military criminal investigators, the prosecutor will give the accused and defense lawyer at least 72 hours advance notice of the activity, so that the defense can attend.

(e) In emergency situations where there is potential of an immediate loss of evidential facts, the prosecutor may gather evidence without prior notice to the accused or defense counsel. The prosecutor must, however, forward all information gained from the evidence to the accused and defense counsel as least within 72 hours of collecting the evidence.

Chapter 3 Investigations

Article 24.
Conclusion of the Investigation

(d) The accused has the right to prepare his defense within 10 days of receiving the indictment.

Rome Statute

Article 67 Rights of the accused

1. In the determination of any charge, the accused shall be entitled to a public hearing, having regard to the provisions of this Statute, to a fair hearing conducted impartially, and to the following minimum guarantees, in full equality:

(b) To have adequate time and facilities for the preparation of the defence and to communicate freely with counsel of the accused's choosing in confidence;