III. PROTECTION OF HUMAN RIGHTS AND FUNDAMENTAL FREEDOMS

2. PERSONAL AND POLITICAL LIBERTIES AND RIGHTS

Article 29

Everyone shall be entitled have his or her rights and obligations, or suspicion or accusation of a criminal offence decided upon fairly before a legally established, independent and impartial court within a reasonable period.

In the case of suspicion or accusation of a criminal offence, the suspected, accused or indicted person shall be entitled:

– to be informed in detail and in a language he/she understands, within the shortest possible term, of the nature and grounds for the charges against him/her and the evidence incriminating him/her,

– to have adequate time and opportunity to prepare his/her defence,

– to defence counsel and unrestricted communication therewith, and to be informed of this right,

– to mount his/her own defence independently or with the assistance of a defence counsel of his/her own choice, and if he/she lacks the resources to engage such counsel, to have free counsel provided under the conditions specified by law,

– to be present at his/her trial insofar as he/she is at the disposal of the court,

– to interrogate or to arrange for interrogation of witnesses for the prosecution and to demand the attendance and questioning of defence witnesses under the same conditions which apply to witnesses for the prosecution,

– to assistance by an interpreter free of charge insofar as he/she does not understand the language used in the court.

An admission of guilt may not be coerced from a suspected, accused or indicted individual.

Evidence obtained illegally may not be admitted in court proceedings.

Criminal proceedings may only be initiated before the court at the request of an authorized prosecutor.

Article 55
Rights of persons during an investigation
2. Where there are grounds to believe that a person has committed a crime within the jurisdiction of the Court and that person is about to be questioned either by the Prosecutor, or by national authorities pursuant to a request made under Part 9, that person shall also have the following rights of which he or she shall be informed prior to being questioned:
(c) To have legal assistance of the person's choosing, or, if the person does not have legal assistance, to have legal assistance assigned to him or her, in any case where the interests of justice so require, and without payment by the person in any such case if the person does not have sufficient means to pay for it