PART TWO
HUMAN RIGHTS AND LIBERTIES

1. COMMON PROVISIONS

Legal aid

Article 21
Everyone shall have the right to legal aid.

Legal aid shall be provided by the bar, as an independent and autonomous profession, and by other services.

Legal aid may be provided free of charge, in accordance with the law.

PART TWO
HUMAN RIGHTS AND LIBERTIES

2. PERSONAL RIGHTS AND LIBERTIES

Deprivation of liberty

Article 29
Everyone shall have the right to personal liberty.

Deprivation of liberty is allowed only for reasons and in the procedure provided for by law.

Person deprived of liberty shall be notified immediately of the reasons for the arrest thereof, in own language or in the language he/she understands.

Concurrently, person deprived of liberty shall be informed that he/she is not obliged to give any statement.

At the request of the person deprived of his/her liberty, the authority shall immediately inform about the deprivation of liberty the person of own choosing of the person deprived of his/her liberty.

The person deprived of his/her liberty shall have the right to the defense counsel of his/her own choosing present at his interrogation.

Unlawful deprivation of liberty shall be punishable.

PART TWO
HUMAN RIGHTS AND LIBERTIES

2. PERSONAL RIGHTS AND LIBERTIES

Detention

Article 30
Person suspected with reasonable doubt to have committed a crime may, on the basis of the decision of the competent court, be detained and kept in confinement only if this is necessary for the pre-trial procedure.

Detainee shall be given the explained decision of detention at the time of being placed in detention or at the latest 24 hours from being put in detention.

Detainee shall have the right of appeal against the decision of detention, upon which the court shall decide within 48 hours.

The duration of detention shall be reduced to the shortest possible period of time.

Detention by the decision of first-instance court may last up to three months from the day of detention, and by the decision of a higher court, the detention may be extended for additional three months.

If no indictment is raised by that time, the detainee shall be released.

Detention of minors may not exceed 60 days.

PART TWO
HUMAN RIGHTS AND LIBERTIES

2. PERSONAL RIGHTS AND LIBERTIES

Respect for person

Article 31
The respect of human personality and dignity in the criminal or other procedure, in case of deprivation or limitation of liberty and during the execution of imprisonment sentence shall be guaranteed.

Any form of violence, inhuman or degrading behavior against a person deprived of liberty or whose liberty has been limited, and any extortion of confession and statement shall be prohibited and punishable.

PART TWO
HUMAN RIGHTS AND LIBERTIES

2. PERSONAL RIGHTS AND LIBERTIES

Presumption of innocence

Article 35
Every one shall be deemed innocent until the guilt thereof has been established by an enforceable court decision.

The accused shall not be obliged to prove the innocence thereof.

The court shall interpret the doubt regarding the guilt to the benefit of the accused.

PART TWO
HUMAN RIGHTS AND LIBERTIES

2. PERSONAL RIGHTS AND LIBERTIES

Right to defense

Article 37
Every one shall be guaranteed the right to defense, and especially : to be informed in the language he/she understands about the charges against thereof ; to have sufficient time to prepare defense and to be defended personally or through a defense attorney of his/her own choosing.

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.