'Rights during trial - raise defences' 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 :

h) To submit verbally or in writing the reasons or arguments of those who are being assisted and to respond to the arguments of the other parties ; to submit evidence and challenge the evidence that is submitted against them.

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:
(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