'Rights during investigation - legal assistance' in document 'Uganda - Geneva Conventions Act'

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RELEVANT SECTIONS OF THE IMPLEMENTING LEGISLATION

3. (2) Where the accused is a protected prisoner of war, in the absence of an advocate accepted by the accused as representing him, an advocate instructed for the purpose on behalf of the protecting power shall, without prejudice to the requirements of paragraph (ii) of the preceding subsection, be regarded for the purposes of that subsection as representing the accused.

3. (3) Where the court adjourns the trial in pursuance of subsection (I) of this section by reason that the accused is not represented by an advocate the court shall direct that an advocate be assigned to watch over the interests of the accused at any further proceedings in connection with the offence.

3. (4) At any such further proceedings, in the absence of an advocate, either accepted by the accused as representing him or instructed as mentioned in subsection (2) of this section, an advocate assigned in pursuance of the immediately preceding subsection shall, without prejudice to the requirements of paragraph (ii) of subsection (I) of this section, be regarded for the purposes of that subsection as representing the accused.

3. (5) An advocate shall be assigned in pursuance of subsection (3) of this section in such manner as the Minister may, by statutory instrument, prescribe and any advocate so assigned shall be entitled to be paid by the Minister out of moneys provided by Parliament, such sums in respect of fees and disbursements as the Nlinister may direct.

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:
(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