CHAPTER 2 Fundamental Human and Civil Rights and Freedoms

Article 39. Everyone is entitled to restore any rights which may have been violated, as well as to a public hearing by an independent and impartial court, under the equal protection of the law and fulfilling all the demands of justice, to clear himself or herself of any accusations. The presence of the news media and representatives of the public at a judicial hearing may be prohibited by law wholly or in part, for the purpose of safeguarding public morality, the social order, national security, the safety of the parties, and the interests of justice.
Article 40. Everyone is entitled to receive legal assistance. Legal assistance may be provided free of charge in cases prescribed for by law. Everyone is entitled to legal counsel from the moment he or she is arrested, detained, or charged. Every convicted person is entitled to have his or her conviction reviewed by a higher court, in a manner prescribed by law. Every convicted person is entitled to request a pardon or mitigation of any given punishment. Compensation for the harm caused to the wronged party shall be provided in a manner prescribed by law.
Article 41. A person accused of a crime shall be presumed innocent until proven guilty in a manner prescribed by law, and by a court sentence properly entered into force. The defendant does not have the burden to prove his or her innocence. Accusations not proven beyond a doubt shall be resolved in favor of the defendant.
Article 42. A person shall not be compelled to be a witness against himself or herself or against his or her spouse, or against a close relative. The law may foresee other circumstances relieving a person from the obligation to testify. Illegally obtained evidence shall not be used. A punishment may not exceed that which could have been met by the law in effect when the crime was committed. A person shall not be considered to be guilty for a crime if at the time of its commission the act was not legally considered a crime. Laws limiting or increasing liability shall not have retroactive effect.

CHAPTER 2- FUNDAMENTAL HUMAN AND CIVIL RIGHTS AND FREEDOMS

Article 16-

Everyone who is deprived of his/her freedom shall in a language comprehensible to him/her immediately be informed of the reasons for this and of an indictment should such be brought against him/her Everyone who is deprived of his/her freedom shall have a right to immediately notify this to any person chosen by him/her.

If the arrested person is not detained within 72 hours by the court decision he/she must be released immediately.

CHAPTER 2- FUNDAMENTAL HUMAN AND CIVIL RIGHTS AND FREEDOMS

Article 17-

No one shall be subjected to torture, as well as to inhuman or degrading treatment or punishment.
Arrested, detained or incarcerated persons shall be entitled to human treatment and respect of dignity.

No one shall be subjected to scientific, medical and other experiments without his/her consent.

CHAPTER 2- FUNDAMENTAL HUMAN AND CIVIL RIGHTS AND FREEDOMS

Article 19-

Everyone shall have a right to restore his/her violated rights, and to reveal the grounds of the charge against him/her in a fair public hearing under the equal protection of the law and fulfilling all the demands of justice by an independent and impartial court within a reasonable time”.

CHAPTER 2- FUNDAMENTAL HUMAN AND CIVIL RIGHTS AND FREEDOMS

Article 20

Everyone shall be entitled to legal assistance. In cases prescribed by the law the legal assistance shall be provided at the expense of the state resources.

Everyone shall have a right to the assistance of a legal defender chosen by him/her starting from the moment of his/her arrest, subjection to a security measure or indictment.

Every convicted person shall have the right to review of the judgment passed on him/her by a higher instance court in conformity with the procedure prescribed by the law.

CHAPTER 2- FUNDAMENTAL HUMAN AND CIVIL RIGHTS AND FREEDOMS

Article 21

Everyone charged with a criminal offence shall be presumed innocent until proved guilty by the court judgment lawfully entered into force as prescribed by law.

The defendant shall not be obliged to prove his/her innocence. The remaining suspicions shall be interpreted in favor of the defendant.

CHAPTER 2- FUNDAMENTAL HUMAN AND CIVIL RIGHTS AND FREEDOMS

Article 22

The use of illegally obtained evidence is prohibited.

CHAPTER 2- FUNDAMENTAL HUMAN AND CIVIL RIGHTS AND FREEDOMS

Article 22

No one shall be obliged to testify about himself/herself, his/her spouse or close relatives. The law may prescribe other cases of release from the obligation to testify.

The use of illegally obtained evidence is prohibited.

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.