SECTION II
FUNDAMENTAL RIGHTS, FREEDOMS AND DUTIES

Chapter III
FUNDAMENTAL RIGHTS AND FREEDOMS OF MAN AND CITIZEN

Article 46. Right to protect honour and dignity

I. Everyone has the right to protect his honour and dignity.

II. The dignity of the human person shall be protected by the state. No circumstances can justify the humiliation of the dignity of the human person.

III. No one may be subjected to torture. No one may be subjected to degrading treatment or punishment. No one may be subjected without his free consent to medical, scientific, or other experimentation.

SECTION II
FUNDAMENTAL RIGHTS, FREEDOMS AND DUTIES

Chapter III
FUNDAMENTAL RIGHTS AND FREEDOMS OF MAN AND CITIZEN

Article 61. Right to legal assistance

I. Everyone has the right to receive qualified legal assistance.

II. In cases envisaged by law, legal assistance shall be provided free of charge, at the expense of the state.

III. Everyone has the right to receive assistance of a lawyer as from the moment of detention, arrest or being accused of a crime by competent state bodies.

SECTION II
FUNDAMENTAL RIGHTS, FREEDOMS AND DUTIES

Chapter III
FUNDAMENTAL RIGHTS AND FREEDOMS OF MAN AND CITIZEN

Article 62. Inadmissibility of change of court jurisdiction

Everyone has the right to have his case considered by a court determined by law. A person’s case shall not be considered in another court without his consent.

SECTION II
FUNDAMENTAL RIGHTS, FREEDOMS AND DUTIES

Chapter III
FUNDAMENTAL RIGHTS AND FREEDOMS OF MAN AND CITIZEN

Article 63. Presumption of innocence

I. Everyone has the right to the presumption of innocence. Everyone accused of a crime shall be presumed innocent so long as his guilt has not been proven according to law and the respective court judgment has not become effective.

II. A person may not be declared guilty if there are wellgrounded suspicions regarding his guilt.

III. A person accused of a crime shall not be obliged to prove his innocence.

IV. Evidence obtained in violation of law may not be used in the administration of justice.

V. No one may be considered guilty without a court judgement.

SECTION II
FUNDAMENTAL RIGHTS, FREEDOMS AND DUTIES

Chapter III
FUNDAMENTAL RIGHTS AND FREEDOMS OF MAN AND CITIZEN

Article 66. Inadmissibility of testifying against relatives

No one may be forced to testify against himself or against his spouse, children, parents, or siblings. The full list of relatives against whom a person is not required to testify shall be specified by law.

Article 67. Rights of persons detained, arrested, or accused of a crime

I. Everyone who has been detained, arrested, or accused of a crime by a competent state body shall be immediately informed of his rights, and of the reasons for his detention, arrest, or for the initiation of criminal proceedings against him.

II. Everyone accused of a crime shall be heard before being sentenced.

SECTION III
STATE POWER

Chapter VII
JUDICIAL POWER

Article 127. Independence of judges, and fundamental principles and prerequisites of the administration of justice

VI. Except in cases provided by law, the conducting of criminal proceedings in absentia shall be prohibited.

VII. Court proceedings shall be conducted on the basis of the adversarial principle.

VIII. Everyone’s right to defence shall be guaranteed at any stage of court proceedings.

IX. Justice shall be based on the presumption of innocence.

X. Court proceedings in the Republic of Azerbaijan shall be conducted in the official language of the Republic of Azerbaijan or in a language of the majority of the population of the specific region. Participants in court proceedings, who do not know the language of the proceedings, have the right to be acquainted with materials of proceedings, and to take part in proceedings using an interpreter, and to make statements in the court in their native language.

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.