'Rights during trial - present at trial' in document 'Afghanistan - Interim Criminal Procedure Code'

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RELEVANT SECTIONS OF THE IMPLEMENTING LEGISLATION

Chapter 8
The Trial

Article 45
Accused's Obligation to Appear

The accused, either under detention or at liberty, shall be obliged to appear before the court when confrontations or experiments involving his physical presence are scheduled.

The accused at liberty refusing to appear in the instances indicated in the previous paragraph shall be accompanied by the police.

Chapter 8
The Trial

Article 52
Order of the Hearing

The Primary Saranwal, the accused and his defense counsel have the right to be always present.

Chapter 8
The Trial

Article 53
Conduct of the Hearing

The accused and his defense counsel have the right to be present.

RELEVANT ROME STATUTE PROVISIONS

Article 63
Trial in the presence of the accused
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 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:
(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