''CHAPTER II. PROTECTION OF FUNDAMENTAL HUMAN RIGHTS AND FREEDOMS,4. Fundamental human rights and freedoms''
f)the right to a fair trial of criminal charges against him and to a fair determination of his civil rights and obligations;
''CHAPTER II. PROTECTION OF FUNDAMENTAL HUMAN RIGHTS AND FREEDOMS, 6. Right to personal liberty''
2. Any person who is arrested or detained shall be informed as soon as is
reasonably practicable, in a language that he understands, of the reasons for his
arrest or detention.
''CHAPTER II. PROTECTION OF FUNDAMENTAL HUMAN RIGHTS AND FREEDOMS, 6. Right to personal liberty''
5.If any person arrested or detained upon suspicion of his having committed, or being about to commit, a criminal offence is not tried within a reasonable time, then, without prejudice to any further proceedings that may be brought against him, he shall be released either unconditionally or upon reasonable conditions, including in particular such conditions as are reasonably necessary to ensure that he appears at a later date for trial or for proceedings preliminary to trial.
''CHAPTER II. PROTECTION OF FUNDAMENTAL HUMAN RIGHTS AND FREEDOMS, 12. Right to fair trial, etc''
1. If any person is charged with a criminal offence, then, unless the charge is
withdrawn, the case shall be afforded a fair hearing within a reasonable time by
an independent and impartial court established by law.
2. Every person who is charged with a criminal offence--
a. shall be presumed to be innocent until he is proved or has pleaded guilty;
b. shall be informed as soon as reasonably practicable, in a language that he
understands and in adequate detail, of the nature of the offence charged;
c. shall be given adequate time and facilities for the preparation of his
defence;
d. shall be permitted to defend himself before the court in person or by a legal
representative of his own choice;
e. shall be afforded facilities to examine in person or by his legal
representative the witnesses called by the prosecution before the court
and to obtain the attendance and carry out the examination of witnesses to
testify on his behalf before the court on the same conditions as those
applying to witnesses called by the prosecution; and
f. shall be permitted to have without payment the assistance of an interpreter
if he cannot understand the language used at the trial of the charge,
and except with his own consent the trial shall not take place in his absence
unless he so conducts himself as to render the continuance of the proceedings in
his presence impracticable and the court has ordered him to be removed and the
trial to proceed in his absence.
3. When a person is tried for any criminal offence, the accused person or any
person authorised by him in that behalf shall, if he so requires and subject to
payment of such reasonable fee as may be prescribed by law, be given within a
reasonable time after judgement a copy for the use of the accused person of any
record of the proceedings made by or on behalf of the court.
4. No person shall be held to be guilty of a criminal offence on account of any act or
omission that did not, at the time it took place, constitute such an offence, and
no penalty shall be imposed for a criminal offence that is severer in degree or
description than the maximum penalty that might have been imposed for that
offence at the time when it was committed.
5. No person who shows that he has been tried by a competent court for a criminal
offence and either convicted or acquitted shall be tried again for that offence or
for any other criminal offence of which he could have been convicted at the trial
for that offence, save upon the order of a superior court in the course of appeal
6. No person shall be tried for a criminal offence if he shows that he has been
pardoned for that offence.or review proceedings relating to the conviction or acquittal.
7. No person who is tried for a criminal offence shall be compelled to give evidence
at the trial.
8. Any court or other adjudicating authority prescribed by law for the
determination of the existence or extent of any civil right or obligation shall be
established by law and shall be independent and impartial; and where
proceedings for such a determination are instituted by any person before such a
court or other adjudicating authority, the case shall be given a fair hearing within
reasonable time.
9. Except with the agreement of all parties thereto, all proceedings of every court
and proceedings for the determination of the existence or extent of any civil
right or obligation before any other adjudicating authority, including the
announcement of the decision of the court or other authority, shall be held in
public.
10. Nothing in subsection (9) shall prevent the court or other adjudicating authority
from excluding from the proceedings persons other than the parties thereto and
their legal representatives to such extent as the court or other authority--
a. may by law be empowered to do and may consider necessary or expedient
in circumstances where publicity would prejudice the interests of justice or
in interlocutory proceedings or in the interests of public morality, the
welfare of persons under the age of eighteen years or the protection of the
private lives of persons concerned in the proceedings; or
b. may by law be empowered or required to do in the interests of defence,
public safety or public order.
11. Nothing contained in or done under the authority of any law shall be held to be
inconsistent with or in contravention of--
a. subsection (2)(a) to the extent that the law in question imposes upon any
person charged with a criminal offence the burden of proving particular
facts;
b. subsection (2)(e) to the extent that the law in question imposes conditions
that must be satisfied if witnesses called to testify on behalf of accused
persons are to be paid their expenses out of public funds; or
c. subsection (5) to the extent that the law in question authorises a court to
try a member of a disciplined force for a criminal offence notwithstanding
any trial and conviction or acquittal of that member under the disciplinary
law of that force, so, however, that any court so trying such a member and
convicting him shall in sentencing him to any punishment take into account
any punishment awarded him under that disciplinary law.
12. In the case of any person who is held in lawful detention the provisions of
subsection (1), subsections (2)(d) and (e) and subsection (3) shall not apply in
relation to his trial for a criminal offence under the law regulating the discipline
of persons held in such detention.
13. Nothing contained in subsection (2)(d) shall be construed as entitling a person to
legal representation at public expense.
14. In this section "criminal offence" means a criminal offence under the law of
Lesotho.
''CHAPTER II. PROTECTION OF FUNDAMENTAL HUMAN RIGHTS AND FREEDOMS, 12. Right to fair trial, etc''
(7) No person who is tried for a criminal offence shall be compelled to give evidence at the trial.
''CHAPTER II. PROTECTION OF FUNDAMENTAL HUMAN RIGHTS AND FREEDOMS, 12. Right to fair trial, etc''
(8) Any court or other adjudicating authority prescribed by law for the determination of the existence or extent of any civil right or obligation shall be established by law and shall be independent and impartial; and where proceedings for such a determination are instituted
''CHAPTER II. PROTECTION OF FUNDAMENTAL HUMAN RIGHTS AND FREEDOMS, 21. Derogation from fundamental human rights and freedoms''
When a person is detained by virtue of any such law as is referred to in subsection (1) the following provisions shall apply, that is to say-
(a) he shall, as soon as reasonably practicable after the commencement of his detention, be furnished with a statement in writing in a language that he understands specifying in detail the grounds upon which he is detained;
CHAPTER II PROTECTION OF FUNDAMENTAL HUMAN RICHTS FREEDOMS
4. Fundamental human rights and freedoms
(1) Whereas every person in Lesotho is entitled, whatever his race, colour, sex, language, religion, political or other opinion, national or social origin, property, birth or other status to fundamental human rights and freedoms, that is to say, to each and all of the following -
(h) the right to a fair trial of criminal charges against him and to a fair determination of his civil rights and obligations ;
CHAPTER II PROTECTION OF FUNDAMENTAL HUMAN RICHTS FREEDOMS
12. Right to fair trial, etc.
(1) if any person is charged with a criminal offence, then, unless the charge is withdrawn, the case shall be afforded a fair hearing within reasonable time by an independent and impartial court established by law.
CHAPTER II PROTECTION OF FUNDAMENTAL HUMAN RICHTS FREEDOMS
12. Right to fair trial, etc.
(2) Every person who is charged with a criminal offence -
(a) shall be presumed to be innocent until he is proved or has pleaded guilty ;
(b) shall be informed as soon as reasonably practicable, in language that he understands and in adequate detail, of the nature of the offence charged ;
(c) shall be given adequate time and facilities for the preparation of his defence ;
(d) shall be permitted to defend himself before the court in person or by a legal representative of his own choice ;
(e) shall be afforded facilities to examine in person or by his legal representative the witnesses called by the prosecution before the court and to obtain the attendance and carry out the examination of witnesses to testify on his behalf before the court on the same conditions as those applying to witnesses called by the prosecution ; and
(f) shall be permitted to have without payment the assistance of an interpreter if he cannot understand the language used at the trial of the charge,
and except with his own consent the trial shall not take place in his absence unless he so conducts himself as to render the continuance of the proceedings in his presence impracticable and the court has ordered him to be removed and the trial to proceed in his absence.
CHAPTER II PROTECTION OF FUNDAMENTAL HUMAN RICHTS FREEDOMS
12. Right to fair trial, etc.
(7) No person who is tried for a criminal offence shall be compelled to give evidence at the trial.
CHAPTER II PROTECTION OF FUNDAMENTAL HUMAN RICHTS FREEDOMS
12. Right to fair trial, etc.
(8) Any court or other adjudicating authority prescribed by law for the determination of the existence or extent of any civil right or obligation shall be established by law and shall be independent and impartial ; and where proceedings for such a determination are instituted by any person before such a court or other adjudicating authority, the case shall be given a fair hearing within reasonable time.
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.