'Rights during trial - legal assistance' in document 'Ecuador - Constitution'

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RELEVANT SECTIONS OF THE IMPLEMENTING LEGISLATION

Title II
Rights

CHAPTER EIGHT
Rights to protection

Article 75.

Every person has the right to free access to justice and the effective, impartial and expeditious protection of their rights and interests, subject to the principles of immediate and swift enforcement ; in no case shall there be lack of proper defense. Failure to abide by legal rulings shall be punishable by law.

Title II
Rights

CHAPTER EIGHT
Rights to protection

Article 76. In all processes where rights and obligations of any kind are set forth, the right to due process of law shall be ensured, including the following basic guarantees :

7. The right of persons to defense shall include the following guarantees :

a) No one shall be deprived of the right to defense at any stage or level of the proceedings.

Title II
Rights

CHAPTER EIGHT
Rights to protection

Article 76. In all processes where rights and obligations of any kind are set forth, the right to due process of law shall be ensured, including the following basic guarantees :

7. The right of persons to defense shall include the following guarantees :

g) In court procedures, to be helped by an attorney of the person’s choice or by a court appointed defense attorney ; access to or free and confidential communication with the person’s defense attorney cannot be restricted.

RELEVANT ROME STATUTE PROVISIONS

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:
(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