'Rights during trial - raise defences' in document 'Tuvalu - Constitution'

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RELEVANT SECTIONS OF THE IMPLEMENTING LEGISLATION

Part 2 – Bill of Rights
Division 3 – Protection of the fundamental rights and freedoms
Subdivision A – Protection Generally
22 Protection of Law
(3) A person charged with an offence -
(f) subject to subsection (14)(b), shall be given adequate facilities —
(i) to examine, in person or by his representative, the witnesses called before the court by the prosecution; and
(ii) to obtain the attendance and carry out the examination of witnesses to testify on his behalf before the court on conditions no less advantageous than those applying to witnesses called by the prosecution; and

Part 2 – Bill of Rights
Division 3 – Protection of the fundamental rights and freedoms
Subdivision A – Protection Generally
22 Protection of Law
(3) A person charged with an offence -
(f) subject to subsection (14)(b), shall be given adequate facilities —
(i) to examine, in person or by his representative, the witnesses called before the court by the prosecution; and
(ii) to obtain the attendance and carry out the examination of witnesses to testify on his behalf before the court on conditions no less advantageous than those applying to witnesses called by the prosecution; and

PART II

BILL OF RIGHTS

DIVISION 3 - PROTECTION OF THE FUNDAMENTAL RIGHTS AND FREEDOMS

Subdivision A - Protection Generally

22 Protection of law

(3)

(f) subject to subsection (14)(b), shall be given adequate facilities —

(i) to examine, in person or by his representative, the witnesses called before the court by the prosecution; and
(ii) to obtain the attendance and carry out the examination of witnesses to testify on his behalf before the court on conditions no less advantageous than those applying to witnesses called by the prosecution; and

RELEVANT ROME STATUTE PROVISIONS

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:
(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