'Rights during investigation - questioned in presence of counsel' in document 'Georgia - ICC Cooperation Law'

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RELEVANT SECTIONS OF THE IMPLEMENTING LEGISLATION

Chapter V
Surrender of a person to the International Court


Article 26. Rights of a person subject to surrender

3. A prosecuted person shall be interrogated with regard to his personal data and will be explained the grounds for his surrender. The person shall have the right to offer arguments against his arrest and surrender. His counsel shall have the right to participate in this procedure.

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:

(d) right to be interrogated in the presence of his defense counsel, unless he refuse the assistance of the counsel by his own free will.

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:
(d) To be questioned in the presence of counsel unless the person has voluntarily waived his or her right to counsel.