Spans in 'Ghana - Constitution' tagged with 'Fair trial standards'

'Fair trial standards' in document 'Ghana - Constitution'

Jump to:

More information about the keyword 'Fair trial standards'
More information about the document 'Ghana - Constitution'
The relevant provisions of implementing legislation: [1] [2] [3] [4] [5] [6] [7] [8] [9] [10]
The Relevant Provisions of the Rome Statute

RELEVANT SECTIONS OF THE IMPLEMENTING LEGISLATION

CHAPTER FIVE
FUNDAMENTAL HUMAN RIGHTS AND FREEDOMS

14. (1) Every person shall be entitled to his personal liberty and no person shall be deprived of his personal liberty except in the following cases and in accordance with procedure permitted by law -

CHAPTER FIVE
FUNDAMENTAL HUMAN RIGHTS AND FREEDOMS

14. (2) A person who is arrested, restricted or detained shall be informed immediately, in a language that he understands, of the reasons for his arrest, restriction or detention and of his right to a lawyer of his choice.

CHAPTER FIVE
FUNDAMENTAL HUMAN RIGHTS AND FREEDOMS

14. (4) Where a person arrested, restricted or detained under paragraph (a) or (b) of clause (3) of this article is not tried within a reasonable time, then, without prejudice to any further proceedings that may be brought against him, he shall be released wither unconditionally or upon reasonable conditions, including in particular, conditions reasonably necessary to ensure that he appears at a later date for trial or for proceedings preliminary to trial.

CHAPTER FIVE
FUNDAMENTAL HUMAN RIGHTS AND FREEDOMS

15. (2) No person shall, whether or not he is arrested, restricted or retained, be subjected to -

(a) torture or other cruel, inhuman or degrading treatment or punishment ;
(b) any other condition that detracts or is likely to detract from his dignity and worth as a human being.

CHAPTER FIVE
FUNDAMENTAL HUMAN RIGHTS AND FREEDOMS

15. (3) A person who has not been convicted of a criminal offence shall not be treated as a convicted person and shall be kept separately from convicted persons.

CHAPTER FIVE
FUNDAMENTAL HUMAN RIGHTS AND FREEDOMS

19. (1) A person charged with a criminal offence shall be given a fair hearing within a reasonable time by a court.

CHAPTER FIVE
FUNDAMENTAL HUMAN RIGHTS AND FREEDOMS

19. (2) A person charged with a criminal offence shall -

(c) be presumed to be innocent until he is proved or has pleaded guilty ;
(d) be informed immediately in a language that he understands, and in detail; of the nature of the offence charged ;
(e) be given adequate time and facilities for the preparation of this defence ;
(f) be permitted to defend himself before the court in person or by a lawyer of his choice ;
(g) be afforded facilities to examine, in person or by his lawyer, the witnesses called by the prosecution before the court, and to obtain the attendance and carry out the examination of witnesses to testify on the same conditions as those applicable to witnesses called by the prosecution ;
(h) be permitted to have, without payment by him, the assistance of an interpreter where he cannot understand the language used at the trial ; and
(i) in the case of the offence of high treason or treason, be tried by the High Court duly constituted by three Justices of that Court and the decision of the Justices shall be unanimous.

CHAPTER FIVE
FUNDAMENTAL HUMAN RIGHTS AND FREEDOMS

19. (3) The trial of a person charged with a criminal offence shall take place in his presence unless ;-

(a) he refuses to appear before the court for the trial to be conducted in his presence after he has been duly notified of the trial ; or
(b) he conducts himself in such a manner as to render the continuation of the proceedings in his presence impracticable and the court orders him to be removed for the trial to proceed in his absence.

CHAPTER FIVE
FUNDAMENTAL HUMAN RIGHTS AND FREEDOMS

19. (10) No person who is tried for a criminal offence shall be compelled to give evidence at the trial.

CHAPTER FIVE
FUNDAMENTAL HUMAN RIGHTS AND FREEDOMS

19. (13) An adjudicating authority for the determination of the existence or extent of a civil right or obligation shall, subject to the provisions of this Constitution, be established by law and shall be independent and impartial ; and where proceedings for determination are instituted by a person before such an adjudicating authority, the case shall be given a fair hearing within a reasonable time.

RELEVANT ROME STATUTE PROVISIONS

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.