Practice Relating to Rule 100. Fair Trial Guarantees
Section E. Necessary rights and means of defence
Iraq’s Law of the Supreme Iraqi Criminal Tribunal (2005) states: “All persons shall be equal before the Tribunal.”
The Law further states:
When bringing charges against the accused pursuant to this Law, the accused shall be entitled to a fair impartial trial in accordance with the following minimum guarantees:
B. To have adequate time and facilities for the preparation of his defense and to communicate freely with counsel of his own choosing and to meet with him in private. The accused is entitled to have non-Iraqi legal representation so long as the principal lawyer of such accused is Iraqi;
D. To be tried in his presence, and to be assisted by counsel of his own choosing, or to be informed of his right to request legal assistance if he cannot afford it; and to have the right to seek such assistance that will allow him to appoint a lawyer without paying the fees.