PART FOUR Cooperation with International Criminal Courts and Tribunals
Chapter I General Provisions
Section 149 Contact of Persons with International Court
(1) A person located in a facility where his personal liberty is being restricted, against whom are being conducted proceedings before an international court and who is concerned by a request or order of an international court or who is serving a sentence imposed by an international court, has the right to freely
a) receive and at his own expense send written notices to the international court and its authorities,
b) receive visits from the representatives of the international court and his defense counsel or legal representative in proceedings before the international court and to consult them without the presence of third persons.
CHAPTER TWO HUMAN RIGHTS AND FUNDAMENTAL FREEDOMS
DIVISION ONE FUNDAMENTAL HUMAN RIGHTS AND FREEDOMS
Article 8
(2) No one may be prosecuted or deprived of her liberty except on the grounds and in the manner specified by law. No one may be deprived of her liberty merely on the grounds of inability to fulfill a contractual obligation.
CHAPTER TWO HUMAN RIGHTS AND FUNDAMENTAL FREEDOMS
DIVISION ONE FUNDAMENTAL HUMAN RIGHTS AND FREEDOMS
Article 8
(3) A person accused of or suspected of having committed a criminal act may be detained only in cases specified by law. A person who is detained shall be immediately informed of the grounds for the detention, questioned, and within forty-eight hours at the latest, either released or turned over to a court. A judge must question the detained person and decide, within twenty-four hours of receiving her, whether the person shall be placed in custody or released.
CHAPTER FIVE
THE RIGHT TO JUDICIAL AND OTHER LEGAL PROTECTION
Article 36
(1) Everyone may assert, through the prescribed procedure, her rights before an independent and impartial court or, in specified cases, before another body.
CHAPTER FIVE
THE RIGHT TO JUDICIAL AND OTHER LEGAL PROTECTION
Article 37
(1) Everyone has the right to refuse to give testimony if she would thereby incriminate herself or a person close to her .
(2) In proceedings before courts, other State bodies, or public administrative authorities, everyone shall have the right to legal assistance from the very beginning of such proceedings.
(3) All parties to such proceedings are equal.
(4) Anyone who declares that she does not speak the language in which a proceeding is being conducted has the right to the services of an interpreter.
CHAPTER FIVE
THE RIGHT TO JUDICIAL AND OTHER LEGAL PROTECTION
Article 38
(2) Everyone has the right to have her case considered in public, without unnecessary delay, and in her presence, as well as to express her opinion on all of the admitted evidence. The public may be excluded only in cases specified by law.
CHAPTER FIVE
THE RIGHT TO JUDICIAL AND OTHER LEGAL PROTECTION
Article 40
(2) A person against whom a criminal proceeding has been brought shall be considered innocent until her guilt is declared in a court’s final judgment of conviction.
CHAPTER FIVE
THE RIGHT TO JUDICIAL AND OTHER LEGAL PROTECTION
Article 40
(4) The accused has the right to refuse to give testimony; she may not be deprived of this right in any manner whatsoever.
Chapter Four - Judicial Power
The Courts
Art. 96
(1) All parties to judicial proceedings shall have equal rights.
CHAPTER FOUR COURTS
ARTICLE 96
All parties to a proceeding have equal rights before the court .
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.