'Legal Aid' in document 'Georgia - ICC Cooperation Law'

Jump to:

RELEVANT SECTIONS OF THE IMPLEMENTING LEGISLATION

Chapter II
National State Agency Responsible for Cooperation between the International Court and Georgia

Article 3. A national state agency responsible for cooperation between the International Court and Georgia

3. In the course of cooperating with the International Court, the Responsible Agency shall have the authority:

f) when necessary, and in accordance with law, to take measures to appoint a public attorney and/or to render other legal aid;

Chapter V
Surrender of a person to the International Court


Article 26. Rights of a person subject to surrender

2. The Responsible Agency explains to the prosecuted person the ground for his surrender, a summary procedure for surrender and his right to:

b) invoke a defense counsel at his own choice or, where there is no such counsel, to request the Responsible Agency to choose a counsel for him or to appoint a counsel in his favor.

Chapter VI
Other Forms of Cooperation


Article 36. Interrogation Of The Person

1. A person suspected of the commission of crime under the jurisdiction of the International Court enjoys following rights during the interrogation:

(c) the right to invite the defense counsel of his own choice, or he does not have one, to demand the appointment of the counsel by the responsible agency

RELEVANT ROME STATUTE PROVISIONS

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

Article 67
Rights of the accused
1. In the determination of any charge, the accused shall be entitled to a public hearing, having regard to the provisions of this Statute, to a fair hearing conducted impartially, and to the following minimum guarantees, in full equality:
(d) Subject to article 63, paragraph 2, to be present at the trial, to conduct the defence in person or through legal assistance of the accused's choosing, to be informed, if the accused does not have legal assistance, of this right and to have legal assistance assigned by the Court in any case where the interests of justice so require, and without payment if the accused lacks sufficient means to pay for it