'Rights during trial - informed promptly and in detail of charges' in document 'Vanuatu - Geneva Conventions Act'

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RELEVANT SECTIONS OF THE IMPLEMENTING LEGISLATION

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.

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:
(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