Norma relacionada
Iraq
Practice Relating to Rule 100. Fair Trial Guarantees
Iraq’s Law of the Supreme Iraqi Criminal Tribunal (2005) identifies “[w]illfully denying the right of a fair regular trial to a prisoner of war or other protected person” as a grave breach of the 1949 Geneva Conventions. 
Iraq, Law of the Supreme Iraqi Criminal Tribunal, 2005, Article 13(1)(F).
The Law characterizes the “passing of sentences … without previous judgment pronounced by a regularly constituted court, affording all recognized and indispensable judicial guarantees” as a war crime in any armed conflict when “committed against persons taking no active part in the hostilities, including members of armed forces who have laid down their arms and those placed hors de combat by sickness, injury, detention or any other cause”. 
Iraq, Law of the Supreme Iraqi Criminal Tribunal, 2005, Article 13(3)(D).
With regard to trial proceedings, the Law states:
The Trial Chamber shall ensure a fair and expeditious trial conducted in accordance with this Law and the Rules of Procedure and Evidence annexed to it, with full respect for the rights of the accused and due regard for the protection of victims or their relatives, and witnesses. 
Iraq, Law of the Supreme Iraqi Criminal Tribunal, 2005, Article 20(2).
Iraq’s Law of the Supreme Iraqi Criminal Tribunal (2005) states: “The Tribunal shall enjoy complete independence.” 
Iraq, Law of the Supreme Iraqi Criminal Tribunal, 2005, Article 1(1).
The Law identifies the “passing of sentences and the carrying out of executions without previous judgment pronounced by a regularly constituted court, affording all recognized and indispensable judicial guarantees” as a war crime in any armed conflict when “committed against persons taking no active part in the hostilities, including members of armed forces who have laid down their arms and those placed hors de combat by sickness, injury, detention or any other cause”. 
Iraq, Law of the Supreme Iraqi Criminal Tribunal, 2005, Article 13(3)(D).
Iraq’s Law of the Supreme Iraqi Criminal Tribunal (2005) states: “The accused shall be presumed innocent until proven guilty before the Tribunal in accordance with this law.” 
Iraq, Law of the Supreme Iraqi Criminal Tribunal, 2005, Article 19(2).
Iraq’s Law of the Supreme Iraqi Criminal Tribunal (2005) 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:
A. To be informed promptly and in detail of the content, nature and cause of the charge against him. 
Iraq, Law of the Supreme Iraqi Criminal Tribunal, 2005, Article 19(4)(A).
The Law further provides:
A person against whom an indictment has been issued shall be taken into custody, pursuant to an arrest order or warrant issued by the Tribunal Investigative Judge, and shall be immediately informed of the charges against him and transferred to the Tribunal. 
Iraq, Law of the Supreme Iraqi Criminal Tribunal, 2005, Article 20(1).
Iraq’s Law of the Supreme Iraqi Criminal Tribunal (2005) states: “All persons shall be equal before the Tribunal.” 
Iraq, Law of the Supreme Iraqi Criminal Tribunal, 2005, Article 19(1).
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. 
Iraq, Law of the Supreme Iraqi Criminal Tribunal, 2005, Article 19(4)(B) and (D).
Iraq’s Law of the Supreme Iraqi Criminal Tribunal (2005) 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:
C. To be tried without undue delay. 
Iraq, Law of the Supreme Iraqi Criminal Tribunal, 2005, Article 19(4)(C).
Iraq’s Law of the Supreme Iraqi Criminal Tribunal (2005) 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:
E. To have the right to call and examine defence and prosecution witnesses, and to present any evidence in his defense in accordance with the law. 
Iraq, Law of the Supreme Iraqi Criminal Tribunal, 2005, Article 19(4)(E).
Iraq’s Law of the Supreme Iraqi Criminal Tribunal (2005) 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:
D. To be tried in his presence. 
Iraq, Law of the Supreme Iraqi Criminal Tribunal, 2005, Article 19(4)(D).
Iraq’s Law of the Supreme Iraqi Criminal Tribunal (2005) 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:
F. Not to be compelled to confess guilt, and to have the right to remain silent and not to testify without such silence being interpreted as evidence of guilt or innocence. 
Iraq, Law of the Supreme Iraqi Criminal Tribunal, 2005, Article 19(4)(F).
Iraq’s Law of the Supreme Iraqi Criminal Tribunal (2005) states: “Every accused shall be entitled to a public hearing, in accordance with the provisions of this law and the rules of procedure made hereunder.” 
Iraq, Law of the Supreme Iraqi Criminal Tribunal, 2005, Article 19(3).
With regard to trial proceedings, the Law states:
The hearings shall be public unless the Trial Chamber decides to close the proceedings in accordance with the Rules of Procedure and Evidence annexed to this Law. The decision to close the proceedings shall be exercised on a very limited basis. 
Iraq, Law of the Supreme Iraqi Criminal Tribunal, 2005, Article 20(4).
Iraq’s Law of the Supreme Iraqi Criminal Tribunal (2005) states:
First: No person shall be tried before any other Iraqi court for crimes for which he has already been tried by the Tribunal, in accordance with Articles 300 and 301 of the Code of Criminal Procedure.
Second: A person who has been tried by any Iraqi court for a crime or crimes within the jurisdiction of the Tribunal may not be subsequently tried by the Tribunal unless the Tribunal determines that the previous court proceedings were not impartial or independent, or were designed to shield the accused from criminal responsibility. When taking a decision to order a retrial, one of the conditions contained in Article 196 of the Code of Civil Procedure and the requirements of Article 303 of the Code of Criminal Procedure must be met. 
Iraq, Law of the Supreme Iraqi Criminal Tribunal, 2005, Article 30(1) and (2).