القاعدة ذات الصلة
New Zealand
Practice Relating to Rule 100. Fair Trial Guarantees
Section I. Presence of the accused at the trial
New Zealand’s Military Manual (1992) states, in an explanatory footnote: “No prisoner may be tried in absentia”.
New Zealand, Interim Law of Armed Conflict Manual, DM 112, New Zealand Defence Force, Headquarters, Directorate of Legal Services, Wellington, November 1992, § 932(3), footnote 145.
The manual further provides: “Anyone charged with an offence shall have the right to be tried in his presence.”
New Zealand, Interim Law of Armed Conflict Manual, DM 112, New Zealand Defence Force, Headquarters, Directorate of Legal Services, Wellington, November 1992, § 1137(4)(e).
With respect to non-international armed conflicts, the manual states: “The accused has the right to be present at his trial.”
New Zealand, Interim Law of Armed Conflict Manual, DM 112, New Zealand Defence Force, Headquarters, Directorate of Legal Services, Wellington, November 1992, § 1815(4)(e).
New Zealand’s Court Martial Act (2007) provides that the “Court Martial … must sit in the presence of the accused”.
New Zealand, Court Martial Act, 2007, § 37(1).
