CHAPTER 4
LEGAL PROCEEDINGS

Legal representation

10. (1) (a) Subject to subsections (2) and (3), the court before which a person is 5 brought for trial for an offence contemplated in section 5(1), (3) or (4) may not proceed with the trial unless

(i) the accused person is represented by a legal practitioner who is qualified to appear before the court ; and
(ii) the court is satisfied that a period of not less than 14 days has elapsed since 10 instructions for the representation of the accused at the trial were first given to the legal practitioner who is representing the accused.

(b) If the court adjourns the trial for the purposes of enabling the requirements of this subsection to be complied with, then, notwithstanding anything to the contrary in any other law, the court may remand the accused person in custody for the period of the 15 adjournment.

(2) Every person contemplated in subsection (1) has the right to legal representation of his or her own choice at his or her own expense, or to be assigned a legal practitioner at state expense when he or she is to appear or to be tried by a court.

(3) Where the accused person is a protected prisoner of war and in the absence of a 20 legal practitioner accepted by the accused as representing him or her, a legal practitioner instructed by or on behalf of the protecting power must, without prejudice to the requirements of subsection (1)(a)(ii), be regarded for the purposes of that subsection as representing the accused person.

(4) Where the court adjourns a trial in terms of subsection (1) by reason that the 25 accused person is not represented by a legal practitioner, the court must direct that a legal practitioner be assigned to watch over the interests of the accused person at any further proceedings, in the absence of a legal practitioner accepted by the accused as representing him or her or instructed in accordance with subsection (3), and a legal practitioner assigned in terms of this subsection must, without prejudice to the 30 requirements of subsection (1)(a)(ii), be regarded for the purposes of that subsection as representing the accused person.
(5) The Legal Aid Act, 1969 (Act No. 22 of 1969), subject to the changes required by the context, applies in relation to the manner in which a legal practitioner is to be assigned to an accused person in terms of this section and in relation to the remuneration 35 to be paid to such legal practitioner on the completion of his or her duties .

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.