'Rights during trial - free communication with counsel' in document 'Indonesia - Criminal procedure code'

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RELEVANT SECTIONS OF THE IMPLEMENTING LEGISLATION

CHAPTER VI
SUSPECT AND DEFENDANT

Article 57

(1) A suspect or defendant who is detained has the right to contact his legal adviser in accordance with the provisions of this law.

(2) A suspect or defendant of foreign nationality who is detained has the right to contact and speak with a representative of his country in facing the process of his case.

CHAPTER VI
SUSPECT AND DEFENDANT

Article 62

(1) A suspect or defendant has the right to send letters to his legal adviser, and to receive letters from his legal adviser and relatives every time he needs them, for which purpose stationery shall be provided for the suspect or defendant.

(2) Correspondence between a suspect or defendant and his legal adviser or relatives shall not be censored by an investigator, public prosecutor, judge or state penitentiary official, except when there is enough reason to presume that the correspondence is being abused.

(3) In case a letter for a suspect or defendant is censored or examined by an investigator, public prosecutor, judge or official of a state penitentiary, the suspect or defendant shall be informed about it and then letter sent back to the sender after being marked "censored".

CHAPTER VII
LEGAL ASSISTANCE

Article 70

(1) The legal adviser as intended in article 69 has the right to contact and speak with the suspect at every level of examination and at every time in the interest of his case defense.

(2) If there is proof that said legal adviser abuses his right in his discussion with the suspect, then in lire with the level of examination, the investigator, public prosecutor or prison official shall give an admonition to the legal adviser.

CHAPTER VII
LEGAL ASSISTANCE

Article 73

A legal adviser has the right to send and receive a letter from a suspect any time he wants.

Article 74

The restriction of freedom in the relationship between a legal adviser and a suspect as mentioned in article 70 section (2), section (3), section (4) and article 71 is prohibited, after the case in question has been delegated by the public prosecutor to the district court for trial, for which a copy of the letter shall be submitted to the suspect or his legal adviser and the other parties concerned in the process.

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:
(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