CHAPTER TWO
Georgian Citizenship. Basic Rights and Freedoms of Individual

Article 15

4. Physical or mental coercion of a person detained or otherwise restricted in his/her liberty is
impermissible.

CHAPTER TWO
Georgian Citizenship. Basic Rights and Freedoms of Individual

Article 17

2. Torture, inhuman, cruel treatment and punishment or treatment and punishment infringing upon
honour and dignity shall be impermissible.

CHAPTER TWO
Georgian Citizenship. Basic Rights and Freedoms of Individual

Article 18

2. Deprivation of liberty or other restriction of personal liberty without a court decision shall be impermissible.

3. An arrest of an individual shall be permissible by a specially authorised official in the cases
determined by law. Everyone arrested or otherwise restricted in his/her liberty shall be brought before
a competent court not later than 48 hours. If, within next 24 hours, the court fails to adjudicate upon
the detention or another type of restriction of liberty, the individual shall immediately be released.

4. Deleted (27.12.06)

5. An arrested or detained person shall be informed about his/her rights and the grounds for restriction
of his/her liberty upon his/her arrest or detention. The arrested or detained person may request for the
assistance of a defender upon his/her arrest or detention, the request shall be met.

6. The term of arrest of a suspect in the commission of a crime shall not exceed 72 hours and the term
of detention on remand of an accused shall not exceed 9 months.

7. The violation of the requirements of the present Article shall be punishable by law. A person
arrested or detained illegally shall have the right to receive a compensation.

CHAPTER TWO
Georgian Citizenship. Basic Rights and Freedoms of Individual

Article 40

1. An individual shall be presumed innocent until the commission of an offence by him/her is proved
in accordance with the procedure prescribed by law and under a final judgment of conviction.

2. No one shall be obliged to prove his innocence. A burden of proof shall rest with the prosecutor.

3. A resolution on preceding a person as an accused, a bill of indictment and a judgment of conviction
shall be based only on the evidence beyond a reasonable doubt. An accused shall be given the benefit
of doubt in any event.

CHAPTER TWO
Georgian Citizenship. Basic Rights and Freedoms of Individual

Article 42

3. The right to defence shall be guaranteed.

CHAPTER TWO
Georgian Citizenship. Basic Rights and Freedoms of Individual

Article 42

6. The accused shall have the right to request summonsing and interrogation of his/her witnesses under the same conditions as witnesses of the prosecution.

CHAPTER TWO
Georgian Citizenship. Basic Rights and Freedoms of Individual

Article 42

8. No one shall be obliged to testify against himself/herself or those relatives whose circle shall be
determined by law,

CHAPTER FIVE
Judicial Power

Article 85

2. Legal proceedings shall be conducted in the state language. An individual not having a command of
the state language shall be provided with an interpreter. In the districts, where the population does not
have a command of the state language, teaching of the state language and solution of the issues related to the legal proceedings shall be ensured.

CHAPTER FIVE
Judicial Power

Article 85

3. The legal proceedings shall be exercised on the basis of equality of parties and the adversarial nature of the proceedings.

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.