Practice Relating to Rule 100. Fair Trial Guarantees
Fiji’s Geneva Conventions Promulgation (2007), as amended to 2009, states:
Legal representation of certain persons
9.—(1) The court before which:
(a) any person is brought up for trial for an offence under section 3 or section 4 of this Promulgation; or
(b) a protected prisoner of war is brought up for trial for any offence;
shall not proceed with the trial unless -
(i) the accused is represented by counsel; and
(ii) it is proved to the satisfaction of the court that a period of not less than 14 days has elapsed since instructions for the representation of the accused at the trial were first given to the counsel;
and if the court adjourns the trial for the purpose of enabling the requirements of this subsection to be complied with, then, notwithstanding anything in any other law, the court may remand the accused for the period of the adjournment.
(2) Where the accused is a protected prisoner of war, in the absence of counsel accepted by the accused as representing him or her, counsel instructed for the purpose on behalf of the protecting power shall, without prejudice to the requirements of paragraph (ii) of subsection (1), be regarded for the purposes of that subsection as representing the accused.
(3) If the court adjourns the trial in pursuance of subsection (1) by reason that the accused is not represented by counsel, the court shall direct that a counsel be assigned to watch over the interests of the accused at any further proceedings in connection with the offence.