'Rights during investigation - questioned in presence of counsel' in document 'Colombia - Law No. 975'

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RELEVANT SECTIONS OF THE IMPLEMENTING LEGISLATION

CHAPTER IV
Investigation and prosecution

Article 17. Spontaneous declaration and confession. The members of the illegal armed group whose names are submitted by the National Government for the consideration of the Office of the Attorney General, who expressly avail themselves of the procedure and benefits of this law, shall make a spontaneous declaration before the prosecutor delegate assigned to the process of demobilization, who will question them about all the facts of which they have knowledge.
In the presence of their defense counsel they shall describe the circumstances of time, manner, and place in which they have participated in the criminal acts committed on occasion of their membership in these groups, prior to their demobilizing, and in respect of which they avail themselves of this law. In that procedure they shall indicate the assets that are surrendered for

making reparation to the victims, if they have any, and the date of their entry in the group.
The declaration given by the demobilized person and all other records produced in the demobilization process shall be placed immediately at the disposition of the National Prosecutorial Unit for Justice and Peace so that the prosecutor delegate and the Judicial Police assigned to the case may prepare and develop the methodological program for initiating the investigation, verifying the truthfulness of the information provided, and clarifying those facts and all those that come to its attention within the scope of its authority.
The demobilized person shall immediately be placed at the disposal of the judge who performs the function of controlling guarantees in one of the places of detention determined by the National Government pursuant to Article 31 of this law, who within the subsequent thirty-six (36) hours shall schedule and hold an arraignment hearing, pending a prior request by the prosecutor handling the case.

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.