'Rights during investigation - legal assistance' in document 'Fiji-Constitution'

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RELEVANT SECTIONS OF THE IMPLEMENTING LEGISLATION

CHAPTER 2 - BILL OF RIGHTS

Right to personal liberty
SECTION 9

(3) If a person is detained pursuant to a measure authorised under a state of emergency—
(b) the person must be given the opportunity to communicate with, and to be visited by—
(ii) a legal practitioner;

CHAPTER 2 - BILL OF RIGHTS

Right to personal liberty
SECTION 9

(3) If a person is detained pursuant to a measure authorised under a state of emergency—
(c) the person must be given reasonable facilities to consult with a legal practitioner of his or her choice;

CHAPTER 2 - BILL OF RIGHTS

Right to personal liberty
SECTION 9

(3) If a person is detained pursuant to a measure authorised under a state of emergency—
(e) at any review by a court, the person may appear in person or be represented by a legal practitioner.

CHAPTER 2 - BILL OF RIGHTS

Rights of arrested and detained persons
SECTION 13

(1) Every person who is arrested or detained has the right—
(c) to communicate with a legal practitioner of his or her choice in private in the place where he or she is detained, to be informed of that right promptly and, if he or she does not have sufficient means to engage a legal practitioner and the interests of justice so require, to be given the services of a legal practitioner under a scheme for legal aid by the Legal Aid Commission;

RELEVANT ROME STATUTE PROVISIONS

Article 55
Rights of persons during an investigation
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:
(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