'Rights during investigation - questioned in presence of counsel' in document 'Ecuador - Constitution'

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RELEVANT SECTIONS OF THE IMPLEMENTING LEGISLATION

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 :

e) No one can be questioned, not even for purposes of inquiry, by the Office of the Attorney-General, by a police force authority or any other authority, without the presence of a private attorney or a court appointed defense attorney, or outside the premises authorized for this purpose.

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:
(d) To be questioned in the presence of counsel unless the person has voluntarily waived his or her right to counsel.