Article 23
Personal freedom shall be guaranteed in accordance with the law. It is not permitted to arrest, search, detain, or imprison a human, determine his residence, or limit his freedom of residence and movement except in accordance with the provisions of the law.
Article 24
Detention and imprisonment shall only be in designated places that are adequately humane and hygienic in the manner prescribed by the law.
Article 25
No human shall be subjected to physical or mental torture, enticement, or degrading treatment. The law shall specify the punishment to whomever carries out such acts. All statements or confessions proven to have been obtained under torture, enticement, due
Article 27
The accused is innocent until proven guilty in a legal trial in which the guarantees necessary for the exercise of the right to defence are ensured in accordance with the law. It is not permitted to harm the accused physically or mentally.
Article 28
The accused has the right to appoint a person capable of defending him during the trial. The law shall prescribe the circumstances in which the presence of a lawyer on behalf of the accused is required, and shall guarantee to those who are financially unable the means to resort to judicial redress and to defend their rights.
Article 29
Whoever is arrested or apprehended must be immediately informed of the reasons for his arrest or apprehension and he has the right to contact whomever he wishes to inform them of what has taken place or to seek their assistance in the manner governed by the law. He must promptly be informed of the charges against him. He and his representative may appeal before the judiciary against the procedure that has restricted his personal freedom. The law shall regulate the right to appeal in a manner that guarantees that adjudication takes place within a specific period or else have the accused released.
Article 30
Litigation is a protected right, and it is guaranteed to all people. The law shall specify the procedures and conditions necessary to exercise this right. The state shall guarantee—to the fullest extent possible—the accessibility of the judiciary to litigants and the speediness of the adjudication of cases.
Article 31
Prison is a place for correction and rehabilitation. Prisons and places of detention shall be subject to judicial oversight in the manner prescribed by the law, and all that is contrary to the dignity of the
1. In respect of an investigation under this Statute, a person:
(a) Shall not be compelled to incriminate himself or herself or to confess guilt;
(b) Shall not be subjected to any form of coercion, duress or threat, to torture or to any other form of cruel, inhuman or degrading treatment or punishment;
(c) Shall, if questioned in a language other than a language the person fully understands and speaks, have, free of any cost, the assistance of a competent interpreter and such translations as are necessary to meet the requirements of fairness; and
(d) Shall not be subjected to arbitrary arrest or detention, and shall not be deprived of his or her liberty except on such grounds and in accordance with such procedures as are established in this Statute.
2. Where there are grounds to believe that a person has committed a crime within the jurisdiction of the Court and that person is about to be questioned either by the Prosecutor, or by national authorities pursuant to a request made under Part 9, that person shall also have the following rights of which he or she shall be informed prior to being questioned:
(a) To be informed, prior to being questioned, that there are grounds to believe that he or she has committed a crime within the jurisdiction of the Court;
(b) To remain silent, without such silence being a consideration in the determination of guilt or innocence;
(c) To have legal assistance of the person's choosing, or, if the person does not have legal assistance, to have legal assistance assigned to him or her, in any case where the interests of justice so require, and without payment by the person in any such case if the person does not have sufficient means to pay for it; and
(d) To be questioned in the presence of counsel unless the person has voluntarily waived his or her right to counsel.
1. The accused shall be present during the trial.
2. If the accused, being present before the Court, continues to disrupt the trial, the Trial Chamber may remove the accused and shall make provision for him or her to observe the trial and instruct counsel from outside the courtroom, through the use of communications technology, if required. Such measures shall be taken only in exceptional circumstances after other reasonable alternatives have proved inadequate, and only for such duration as is strictly required.
1. Everyone shall be presumed innocent until proved guilty before the Court in accordance with the applicable law.
2. The onus is on the Prosecutor to prove the guilt of the accused.
3. In order to convict the accused, the Court must be convinced of the guilt of the accused beyond reasonable doubt.
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:
(a) To be informed promptly and in detail of the nature, cause and content of the charge, in a language which the accused fully understands and speaks;
(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;
(c) To be tried without undue delay;
(d) Subject to article 63, paragraph 2, to be present at the trial, to conduct the defence in person or through legal assistance of the accused's choosing, to be informed, if the accused does not have legal assistance, of this right and to have legal assistance assigned by the Court in any case where the interests of justice so require, and without payment if the accused lacks sufficient means to pay for it;
(e) To examine, or have examined, the witnesses against him or her and to obtain the attendance and examination of witnesses on his or her behalf under the same conditions as witnesses against him or her. The accused shall also be entitled to raise defences and to present other evidence admissible under this Statute;
(f) To have, free of any cost, the assistance of a competent interpreter and such translations as are necessary to meet the requirements of fairness, if any of the proceedings of or documents presented to the Court are not in a language which the accused fully understands and speaks;
(g) Not to be compelled to testify or to confess guilt and to remain silent, without such silence being a consideration in the determination of guilt or innocence;
(h) To make an unsworn oral or written statement in his or her defence; and
(i) Not to have imposed on him or her any reversal of the burden of proof or any onus of rebuttal.
2. In addition to any other disclosure provided for in this Statute, the Prosecutor shall, as soon as practicable, disclose to the defence evidence in the Prosecutor's possession or control which he or she believes shows or tends to show the innocence of the accused, or to mitigate the guilt of the accused, or which may affect the credibility of prosecution evidence. In case of doubt as to the application of this paragraph, the Court shall decide.