TITLE II
FUNDAMENTAL RIGHTS AND DUTIES

CHAPTER I
GENERAL PRINCIPLES

Article 29
(Access to law and effective judicial protection)

2. Under the terms of the law, everyone shall possess the right to legal information and advice, to legal counsel and to be accompanied by a lawyer before any authority.

TITLE II
FUNDAMENTAL RIGHTS AND DUTIES

CHAPTER I
GENERAL PRINCIPLES

Article 29
(Access to law and effective judicial protection)

4. Everyone shall have the right to secure a ruling in any suit to which he is a party within a reasonable period of time and by means of a fair process.

TITLE II
FUNDAMENTAL RIGHTS AND DUTIES

CHAPTER II
FUNDAMENTAL RIGHTS, FREEDOMS AND GUARANTEES

SECTION II
GUARANTEE OF FUNDAMENTAL RIGHTS AND FREEDOMS

Article 63
(Rights of those detained and imprisoned)

Any person deprived of their liberty must be informed at the time of their imprisonment or detention of the respective reasons and their rights, namely :

d) To choose a lawyer or counsel whom they trust to accompany police and legal inquiries ;
e) To consult a lawyer before making a statement ;
f) To remain silent and not make a statement or to do so only in the presence of a lawyer of their choice ;
g) Not to make confessions and statements that incriminate them ;
h) To be brought before an appropriate magistrate for confirmation or otherwise of their imprisonment and to be tried within the legally established limit of time or released ;
i) To communicate in a language they understand or through an interpreter.

TITLE II
FUNDAMENTAL RIGHTS AND DUTIES

CHAPTER II
FUNDAMENTAL RIGHTS, FREEDOMS AND GUARANTEES

SECTION II
GUARANTEE OF FUNDAMENTAL RIGHTS AND FREEDOMS

Article 67
(Guarantees in criminal proceedings)

1. No-one may be detained, imprisoned or brought to trial unless under the terms of the law, and all defendants or prisoners shall be guaranteed the right to a defence, appeal and legal counsel.

2. All citizens shall be presumed innocent until their sentence has become res judicata.

3. The defendant shall have the right to choose a lawyer or counsel and to be assisted by them throughout the legal proceedings, and the cases and phases in which legal assistance is obligatory shall be specified by law.

4. Defendants and prisoners shall have the right to receive visits from their lawyer, family, friends and religious counsellor and to correspond with them, without prejudice to the provisions contained in Article 63(e) and Article 194(3).

5. Defendants or prisoners who are unable to appoint a lawyer for financial reasons must, under the terms of the law, be ensured adequate legal aid.

6. Any individual who is sentenced shall have the right to lodge an appeal or extraordinary review procedure with the appropriate court against their penal sentence, under the terms of the law.

TITLE II
FUNDAMENTAL RIGHTS AND DUTIES

CHAPTER II
FUNDAMENTAL RIGHTS, FREEDOMS AND GUARANTEES

SECTION II
GUARANTEE OF FUNDAMENTAL RIGHTS AND FREEDOMS

Article 68
(Habeas corpus)

1. Everyone shall have the right to apply for a writ of habeas corpus against the misuse of power in the form of illegal imprisonment or detention, to be lodged with the appropriate court.

2. Application for a writ of habeas corpus may be made by the individual concerned or any individual exercising their political rights.

3. The process of habeas corpus shall be regulated by law.

TITLE II
FUNDAMENTAL RIGHTS AND DUTIES

CHAPTER II
FUNDAMENTAL RIGHTS, FREEDOMS AND GUARANTEES

SECTION II
GUARANTEE OF FUNDAMENTAL RIGHTS AND FREEDOMS

Article 72
(Right to a fair and appropriate trial)

It shall be recognised that every citizen has the right to a fair and swift trial in accordance with the law.

TITLE IV
ORGANISATION OF STATE POWER

CHAPTER IV
THE JUDICIARY

SECTION IV
ESSENTIAL JUSTICE INSTITUTIONS

Article 194
(Guarantees for lawyers)

3. Lawyers shall have the right to communicate personally and confidentially with their clients even when the latter are imprisoned or detained in civil or military establishments.

TITLE IV
ORGANISATION OF STATE POWER

CHAPTER IV
THE JUDICIARY

SECTION IV
ESSENTIAL JUSTICE INSTITUTIONS

Article 195
(Access to law and justice)

1. The Bar Association shall be responsible for providing legal aid, access to the law and legal representation at all jurisdictional levels.

2. The law shall regulate the organisation of the forms of legal aid, access to law and legal representation, as essential elements of the administration of justice, and the state must establish financial resources for these purposes.

Article 196
(Public defence)

1. The state shall ensure that the mechanisms for public defence are available to individuals with insufficient financial resources, with a view to providing legal aid and official legal representation at all levels.

2. The law shall regulate the organisation and functioning of public defence.

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.