PART 3 – LEGAL PROCEEDINGS IN RESPECT OF PROTECTED PERSONS

7. Notice of trial

(1) The court before which –

(a) a protected prisoner of war is brought up for trial for an offence; or
(b) a protected internee is brought up for trial for an offence for which the court has power to sentence him to imprisonment for a term of 2 years or more,

shall not proceed with the trial until it is proved to the satisfaction of the court that written notice of the trial containing the particulars mentioned in subsection (2), so far as they are known to the prosecution, has been served on the accused and his protecting power, not less than 3 weeks before the commencement of the trial, and where the accused is a protected prisoner of war, to his prisoners’ representative.

(2) The notice referred to in subsection (1) shall state –

(a) the full name of the accused and a description of him, including the date of his birth, his profession or trade, if any, and if the accused is a protected prisoner of war, his rank and army, regimental, personal or serial number;
(b) the accused’s place of detention, internment or residence;
(c) the offence with which the accused is charged; and
(d) the court before which the trial of the accused is to take place and the time and place appointed for the trial.


8. Time for appeal

Where a protected prisoner of war or a protected internee has been sentenced by a court to imprisonment for a term of 2 years or more, the time allowed for an appeal against the conviction or sentence or against the decision of a court of appeal not to allow, to dismiss or quash the conviction or sentence shall run from the day on which the protecting power has been notified of the conviction and sentence by the Minister.


9. Reduction of sentence

When a protected prisoner of war or a protected internee is convicted of an offence, the court shall–

(a) in fixing a term of imprisonment in respect of the offence, deduct from the term which it would otherwise have fixed any period during which the convicted person has been in custody in connection with that offence before the trial; and
(b) in fixing any penalty other than imprisonment in respect of the offence, take that period of custody into account.


10. Legal representation

(1) The court before which –

(a) a protected prisoner of war is brought up for trial for an offence; or
(b) a protected internee is brought up for trial for an offence for which the court has power to sentence him to imprisonment for a term of 2 years or more,

shall not proceed with the trial unless –

(i) the accused is represented by counsel; and
(ii) it is proved to the satisfaction of the court that counsel had a period of not less than 14 days before the opening of the trial to prepare the defence of the accused.

(2) If the court adjourns the trial for the purpose of enabling the requirements of subsection (1) to be complied with, then, notwithstanding anything in any other law, the court may remand the accused for the period of the adjournment.

(3) If the court adjourns the trial in accordance with subsection (1)(i), the court shall direct that counsel be assigned to watch over the interest of the accused at any further proceedings in connection with the offence.

(4) In the absence of counsel accepted by the accused as representing him, the counsel assigned in accordance with subsection (3) shall, without prejudice to the requirements of subsection (1)(ii), be regarded as representing the accused.

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.