Chapter Two – Fundamental Human Rights
Article 13 – Human liberty
Human liberty shall be protected.
The deprivation or other restrictions of liberty shall only be permitted on the basis of a court decision.
An official authorised by law may arrest a person in cases defined by law. An arrestee shall be brought before a court of competent jurisdiction no later than 48 hours after being arrested. If the court does not adjudicate upon detention or any other restriction of liberty within the next 24 hours, the person shall be released immediately.
A person shall be informed of his/her rights and grounds for arrest immediately upon being arrested. A person may request the assistance of a lawyer immediately upon being arrested. This request must be satisfied.
The detention period for an accused person shall not exceed 9 months.
A Violation of the requirements of this article shall be punished by law. A person whose liberty has been restricted unlawfully shall have the right to compensation.
Chapter Two – Fundamental Human Rights
Article 31 – Procedural rights
Every person has the right to apply to a court to defend his/her rights. The right to a fair and timely trial shall be ensured.
Every person shall be tried only by a court that has jurisdiction over the case.
The right to defence shall be guaranteed. Everyone has the right to defend his/her rights before a court in person or through a lawyer, or through a representative in cases defined by law. The unrestricted exercise of the rights of a lawyer, as well as the right of lawyers to self-organisation, shall be guaranteed by law.
The defendant shall have the right to request that his/her witnesses be called and interrogated under the same conditions as the witnesses of the prosecution.
A person shall be presumed innocent until proved guilty, in accordance with the procedures established by law and the court’s judgment of conviction that has entered into legal force.
No one shall be obliged to prove his/her innocence. The burden of proof shall rest with the prosecution.
A decision to commit an accused for trial shall be based on a reasonable belief, and a judgment of conviction shall be based on incontrovertible evidence. Any suspicion that cannot be proved in accordance with the procedures established by law shall be resolved in the defendant’s favour.
No one shall be convicted again for the same crime.
No one shall be held responsible for an action that did not constitute an offence at the time when it was committed. No law shall have retroactive force unless it reduces or abrogates responsibility.
Evidence obtained in violation of the law shall have no legal force.
No one shall be obliged to testify against himself/herself or against his/her relatives, as determined by law.
Chapter Six – Judiciary and Prosecutor's Office
Article 62 – Judicial proceedings
Legal proceedings shall be conducted in the official language. An individual who does not have a command of the official language shall be provided with an interpreter.
Chapter Six – Judiciary and Prosecutor's Office
Article 62 – Judicial proceedings
Legal proceedings shall be conducted on the basis of equality of arms and the adversarial process.
Article 6 – Inadmissibility of unlawful restriction of a person’s constitutional rights and freedoms
1. Constitutional rights and freedoms of a participant in criminal proceedings may only be restricted on the basis of special provisions of the Constitution of Georgia and of this Code.
2. Only a court shall have the right to recognise a person as an offender and to impose a sentence on him/her.
3. Preference shall always be given to the most lenient form of restriction of rights and freedoms.
Article 8 – Fair trial and expediency of justice
1. The accused (the convict or the acquitted person) shall have a right to a fair trial.
Chapter IV
Request of the International Court
Article 14. Serving case materials to the persons concerned
1 .By decision of the Responsible Agency, a person to which the request of the International Court is related has the right to be served with the case materials.
2.The right referred to in paragraph 1 of this Article may be restricted:
a)in the interests of proceedings before the International Court;
b) where a substantial legal ground thereof exists, if the International Court so requires;
c)due to the need for immediate taking appropriate measures;
d) for the purpose of preservation of confidential information.
Chapter V
Surrender of a person to the International Court
Article 23. Arrest of a person for the purpose of his surrender
4. In ordering arrest it should be verified that the arrested person is the person whose arrest is sought in the International Court’s request. The arrested person shall be given notice of the grounds for surrender and a summary procedure of surrender. He shall be interrogated with regard to his personal data and shall be given explanation that he has the right to defense.
Chapter V
Surrender of a person to the International Court
Article 26. Rights of a person subject to surrender
1. A request for surrender and its accompanying materials shall be served to the prosecuted person and his legal counsel in a language they understand.
2. The Responsible Agency explains to the prosecuted person the ground for his surrender, a summary procedure for surrender and his right to:
a) challenge the jurisdiction of the International Court;
b) invoke a defense counsel at his own choice or, where there is no such counsel, to request the Responsible Agency to choose a counsel for him or to appoint a counsel in his favor.
3. A prosecuted person shall be interrogated with regard to his personal data and will be explained the grounds for his surrender. The person shall have the right to offer arguments against his arrest and surrender. His counsel shall have the right to participate in this procedure.
Chapter VI
Other Forms of Cooperation
Article 36. Interrogation Of The Person
1. A person suspected of the commission of crime under the jurisdiction of the International Court enjoys following rights during the interrogation:
(a) the right to be given notice that he is suspected of commission of a crime within the jurisdiction of the International Court
(b) Right to refuse to give testimony
(c) the right to invite the defense counsel of his own choice, or he does not have one, to demand the appointment of the counsel by the responsible agency
(d) right to be interrogated in the presence of his defense counsel, unless he refuse the assistance of the counsel by his own free will.
2. if a person is interrogated in a language he does not or inadequately understand, he shall be assigned an interpreter. He shall also be entitled to receive necessary material translated in a language he understands.
3. A person shall have the right to refuse to testify against his close friends and relatives as defined by the Code of Criminal procedure of Georgia and by the Rules of Procedure and evidence of the International Court or by refusing to testify a person desires to prevent the disclosure of information related to state security, in accordance with Article 72 of the Statute. If the person decides to use this right, the Responsible Agency shall decide on acceptability of interrogating the person.
4. Rights established in this Article shall be explained to the person concerned before he is interrogated.
Chapter VI
Other Forms of Cooperation
Article 38. Summons to the International Court
1. A summons for witnesses and experts/specialists before the International Court shall be accompanied with the Rules of Procedure and Evidence relating to self-incrimination and shall be served to person in a language they understand. the witness, expert or specialist, who appeared before the International Court shall be given guarantee by the International Court that he/she will not be prosecuted, arrested or otherwise deprived of his freedom for the conduct that took place before he appeared before the International Court.
2. A summoned person is not obliged to appear before the International Court if his transportation expenses are not covered by the International Court.
3. If the International Court submits the request envisaged in this article, the International Court shall also submit to Responsible Agency the appropriate documents guaranteeing that the expenses of free movement of the witness will be covered by the International Court.
Chapter 4 Request of the International Court
Article 14
Serving case materials to the persons concerned
1. By decision of the Responsible Agency, a person to which the request of the International Court is related has the right to be served with the case materials.
2. The right referred to in paragraph 1 of this Article may be restricted:
a. in the interests of proceedings before the International Court;
b. where a substantial legal ground thereof exists, if the International Court so requires;
c. due to the need for immediate taking appropriate measures;
d. for the purpose of preservation of confidential information.
Chapter 3 Types of Coordination
Article 16
Protection of participants in criminal processes and other persons
2. The Ministry of Internal Affairs of Georgia shall ensure specific measures under the legislation of Georgia for protection of participants in criminal processes and other persons transferred from foreign countries to Georgia.
3. The Ministry of Internal Affairs of Georgia shall inform the foreign law enforcement authorities requesting specific measures of protection of the types of measures being applied for the participants in criminal processes and other persons transferred to Georgia.
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.