'Fair trial standards' in document 'Croatia: Implementation of Statute of ICC'

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RELEVANT SECTIONS OF THE IMPLEMENTING LEGISLATION

I. GENERAL PROVISIONS
URGENCY
Article 9
Courts and other state bodies shall act with particular urgency when dealing in procedures against perpetrators of the criminal offences referred to in Article 1 of this Law and in co-operation with the International Criminal Court, but not to the detriment of legality and regularity.

II. PROSECUTION IN REPUBLIC OF CROATIA

JURISDICTION OF THE CROATIAN COURTS AND OTHER AUTHORITIES
Article 10

(2) In addition to the perpetrators referred to in paragraph 1 of this Article, other perpetrators shall also be prosecuted in the Republic of Croatia regardless of the place where they were committed or the nationality of the perpetrator if the perpetrator is arrested in the Republic of Croatia or extradited to the Republic of Croatia and the criminal procedure has not been conducted before the International Criminal Court or before a court of another state, or the conditions for the conducting of procedure against the perpetrator before the International Criminal Court, court of the state in which the criminal offence was committed, court of the state whose national is the perpetrator or any other court competent and before which it may be expected the conducting of fair trail do not exists.

II. PROSECUTION IN REPUBLIC OF CROATIA
JURISDICTION OF THE CROATIAN COURTS AND OTHER AUTHORITIES
Article 10
(3) In cases referred to in paragraph 2 of this Article or if the procedure was conducted in other state contrary to the internationally accepted standards of the fair trial, the criminal procedure may be instituted against the perpetrator with the approval of the State Attorney General.

VI. ARREST AND SURRENDER OF ACCUSED
INTERROGATION OF THE ACCUSED
Article 34
In the procedure conducted to decide on the request of the International Criminal Court for the surrender of the accused, the court shall inform the accused about the request and the charges against him/her and shall interrogate him/her about the criminal offences he/she is being charged with and about other circumstances which are important for deciding on the request of the International Criminal Court.

LAW on the Implementation of the Statute of the International Criminal Court and the Prosecution of Crimes against International Law of War and Humanitarian Law

GENERAL PROVISIONS

Article 9

In the prosecution of crimes and the co-operation with the International Criminal Court, courts and other state authorities shall act urgently, but not to the detriment of legality and regularity.

LAW on the Implementation of the Statute of the International Criminal Court and the Prosecution of Crimes against International Law of War and Humanitarian Law

II PROSECUTION OF CRIMES IN THE REPUBLIC OF CROATIA
LAW on the Implementation of the Statute of the International Criminal Court and the Prosecution of Crimes against International Law of War and Humanitarian Law

II PROSECUTION OF CRIMES IN THE REPUBLIC OF CROATIA

Article 10

(2) In addition to the crimes specified in the foregoing paragraph, other crimes shall also be prosecuted in the Republic of Croatia, regardless of the place where they were committed or the nationality of the suspect, if the suspect is arrested in or extradited to the Republic of Croatia and the criminal procedure has not been conducted before the International Criminal Court or before a court of another state, or if the respective suspect for one reason or another cannot be tried before the International Criminal Court or a court of the state where the crime was committed, a court of the state of the suspect's residence or another competent court from which a fair trial can be expected.

LAW on the Implementation of the Statute of the International Criminal Court and the Prosecution of Crimes against International Law of War and Humanitarian Law

VI APPREHENSION AND SURRENDER

Article 29

During the whole surrender procedure the person indicted must have a defence counsel.

LAW on the Implementation of the Statute of the International Criminal Court and the Prosecution of Crimes against International Law of War and Humanitarian Law

VI APPREHENSION AND SURRENDER

Article 30

(1) Acting on the request of the International Criminal Court the police shall apprehend the person indicted whose apprehension and surrender or temporary apprehension has been requested by the International Criminal Court, and shall promptly bring the person before an investigative judge of the court authorised to conduct the surrender procedure. If the person indicted is on the run, the police shall conduct the necessary measures at their disposal to find and apprehend the person in question.

(2) If the person indicted is on the run, the investigative judge may, in addition to other measures necessary to find and apprehend the person in question; at the proposal of the public attorney order the measures from Article 180 paragraph 1 sub-paragraphs 1-4 of the Law on Criminal Procedure.

(3) The Government of the Republic of Croatia shall promptly forward to the police the arrest warrant of the International Criminal Court.

LAW on the Implementation of the Statute of the International Criminal Court and the Prosecution of Crimes against International Law of War and Humanitarian Law

VI APPREHENSION AND SURRENDER

Article 31

(2) The custody ordered by the investigative judge may have the maximum duration as the custody during the investigation pursuant to Article 16 hereof.

LAW on the Implementation of the Statute of the International Criminal Court and the Prosecution of Crimes against International Law of War and Humanitarian Law

VI APPREHENSION AND SURRENDER

Article 33

In the procedure conducted to decide on the request of the International Criminal Court for the surrender of the person indicted, the court shall inform the person indicted about the request and the charges against him/her and shall interrogate him/her about the crimes he/she is being charged with and about other circumstances which are important for deciding on the request.

RELEVANT ROME STATUTE PROVISIONS

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.