'Rights during investigation - legal assistance' in document 'Azerbaijan - Constitution (amend 2009)'

Jump to:

RELEVANT SECTIONS OF THE IMPLEMENTING LEGISLATION

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 III
STATE POWER

Chapter VII
JUDICIAL POWER

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

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

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:
(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