Understanding the International Criminal Court

39
Understanding the International Criminal Court
C. THE RIGHTS OF SUSPECTS
47. Are detainees deemed to have been convicted by virtue of their transfer to 
the Court? 
No. Everyone is presumed innocent unless and until proven guilty before the 
Court. The Prosecution must prove the guilt of the suspect and a Trial Chamber 
will convict someone only if it is satisfied that the charges have been proven 
beyond reasonable doubt.
48. What rights do suspects have?
Suspects are presumed innocent. They are present in the courtroom during the 
trial, and they have a right to a public, fair and impartial hearing of their case.
To this end, a series of guarantees are set out in the Court’s legal documents, 
including the following rights, to mention but a few:
▪
to be defended by the counsel (lawyer) of their choice, present evidence and 
witnesses of their own and to use a language they fully understand and speak;
▪
to be informed in detail of the charges in a language which they fully 
understand and speak;
▪
to have adequate time and facilities for the preparation of the defence and to 
communicate freely and in confidence with counsel;
▪
to be tried without undue delay;
▪
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;
▪
to have the Prosecution disclose to the defence evidence in its possession or 
control which it 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 the 
Prosecution’s evidence.

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