Treaties, States Parties and Commentaries
  • Print page
Rights of the accused
Article 17

1. All accused shall be equal before the Special Court.

2. The accused shall be entitled to a fair and public hearing, subject to measures ordered by the Special Court for the protection of victims and witnesses.

3. The accused shall be presumed innocent until proved guilty according to the provisions of the present Statute.

4. In the determination of any charge against the accused pursuant to the present Statute, he or she shall be entitled to the following minimum guarantees, in full equality:

To be informed promptly and in detail in a language which he or she understands of the nature and cause of the charge against him or her;

To have adequate time and facilities for the preparation of his or her defence and to communicate with counsel of his or her own choosing;

To be tried without undue delay;

To be tried in his or her presence, and to defend himself or herself in person or through legal assistance of his or her own choosing; to be informed, if he or she does not have legal assistance, of this right; and to have legal assistance assigned to him or her, in any case where the interests of justice so require, and without payment by him or her in any such case if he or she does not have sufficient means to pay for it;

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;

To have the free assistance of an interpreter if he or she cannot understand or speak the language used in the Special Court;

Not to be compelled to testify against himself or herself or to confess guilt.

<< Previous     Up     Next >>