Part one ORGANISATION OF COURTS

Chapter 5
RIGHT OF PUBLIC ATTENDANCE AND MAINTENANCE OF ORDER AT COURT HEARINGS

Section 1

Court hearings shall be open to the public.

If it can be assumed that at a hearing information will be presented to which secrecy applies in court under the Secrecy Act (SFS 1980:100), the court, if it deems it to be of extraordinary importance that the information is not disclosed, may direct that the hearing be held behind closed doors insofar as it relates to the information. A hearing may be held behind closed doors also in other cases if secrecy applies under the Secrecy Act, Chapter 7, Section 22; Chapter 8, Section 17, or Chapter 9, Section 15 or 16, or, with regard to a court hearing during preliminary investigation of a criminal case or equivalent cases or matters, pursuant to that Act, Chapter 5, Section 1, or Chapter 9, Section 17. The hearing shall always be held behind closed doors, if secrecy applies pursuant to that Act, Chapter 9, Section 3, paragraph 2, and it would contravene an agreement referred to in that provision if the information were disclosed at the hearing.

Examination of anyone under the age of fifteen years, or of anyone who suffers from a mental disturbance may be held behind closed doors.

If other provisions for special cases provide that hearings be held behind closed doors, they shall apply. (SFS 1991:1549)

Section 2

Persons who are or appear to be under the age of eighteen years may be denied admission to public hearing when the chairperson of the court considers there is reason therefor. (SFS 1974:239)

Section 3

The chairperson of the court may admit to hearings behind closed doors officers of the court and persons serving in the court as part of their education. The court may also permit other persons to attend such hearings if there is special reason for so doing.

Section 4

If a hearing was held behind closed doors and information was provided which is subject to secrecy at court under the Secrecy Act (1980:100), the court may direct that the information shall not be disclosed. (SFS 1980:101)

Section 5

Deliberations on judgments or decisions shall occur behind closed doors unless the court finds that they can take place publicly. When deliberations are held behind closed doors, apart from members of the court, only officers of the court involved in processing the case may be present. The court may also permit other persons to attend such deliberations if there is special reason for so doing.

Judgments and decisions shall be delivered in open court. However, to the extent that the judgment or decision contains information in respect of which secrecy is prescribed under the Secrecy Act (1980:100), Chapter 12, Section 4, paragraph 2, the judgment or decision shall be delivered behind closed doors. (SFS 1980:101)

Section 6

If a party, a witness, or any other person who shall be heard by the court is incapable of understanding and speaking Swedish, an interpreter may be engaged to assist the court.

If an public interpreter for the language in question serves at the court, he shall be assigned. Otherwise, the court shall assign a suitable person to assist as interpreter in the case.

If the person to be heard has a serious hearing or speaking impediment, an interpreter may also be engaged to assist the court.

A person whose interest in the matter at issue, or whose relationship to any of the parties, could be considered to cast doubt on that person's reliability, may not be engaged as an interpreter.

The government shall issue regulations concerning both the employment of public interpreters and the assignment of interpreters when the person to be heard has a serious hearing or speaking impediment.

Article 55
Rights of persons during an investigation
1. In respect of an investigation under this Statute, a person:
(a) Shall not be compelled to incriminate himself or herself or to confess guilt;
(b) Shall not be subjected to any form of coercion, duress or threat, to torture or to any other form of cruel, inhuman or degrading treatment or punishment;
(c) Shall, if questioned in a language other than a language the person fully understands and speaks, have, free of any cost, the assistance of a competent interpreter and such translations as are necessary to meet the requirements of fairness; and
(d) Shall not be subjected to arbitrary arrest or detention, and shall not be deprived of his or her liberty except on such grounds and in accordance with such procedures as are established in this Statute.
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:
(a) To be informed, prior to being questioned, that there are grounds to believe that he or she has committed a crime within the jurisdiction of the Court;
(b) To remain silent, without such silence being a consideration in the determination of guilt or innocence;
(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; and
(d) To be questioned in the presence of counsel unless the person has voluntarily waived his or her right to counsel.

Article 63
Trial in the presence of the accused
1. The accused shall be present during the trial.
2. If the accused, being present before the Court, continues to disrupt the trial, the Trial Chamber may remove the accused and shall make provision for him or her to observe the trial and instruct counsel from outside the courtroom, through the use of communications technology, if required. Such measures shall be taken only in exceptional circumstances after other reasonable alternatives have proved inadequate, and only for such duration as is strictly required.

Article 66
Presumption of innocence
1. Everyone shall be presumed innocent until proved guilty before the Court in accordance with the applicable law.
2. The onus is on the Prosecutor to prove the guilt of the accused.
3. In order to convict the accused, the Court must be convinced of the guilt of the accused beyond reasonable doubt.

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:
(a) To be informed promptly and in detail of the nature, cause and content of the charge, in a language which the accused fully understands and speaks;
(b) To have adequate time and facilities for the preparation of the defence and to communicate freely with counsel of the accused's choosing in confidence;
(c) To be tried without undue delay;
(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;
(e) To examine, or have examined, the witnesses against him or her and to obtain the attendance and examination of witnesses on his or her behalf under the same conditions as witnesses against him or her. The accused shall also be entitled to raise defences and to present other evidence admissible under this Statute;
(f) To have, free of any cost, the assistance of a competent interpreter and such translations as are necessary to meet the requirements of fairness, if any of the proceedings of or documents presented to the Court are not in a language which the accused fully understands and speaks;
(g) Not to be compelled to testify or to confess guilt and to remain silent, without such silence being a consideration in the determination of guilt or innocence;
(h) To make an unsworn oral or written statement in his or her defence; and
(i) Not to have imposed on him or her any reversal of the burden of proof or any onus of rebuttal.
2. In addition to any other disclosure provided for in this Statute, the Prosecutor shall, as soon as practicable, disclose to the defence evidence in the Prosecutor's possession or control which he or she believes shows or tends to show the innocence of the accused, or to mitigate the guilt of the accused, or which may affect the credibility of prosecution evidence. In case of doubt as to the application of this paragraph, the Court shall decide.