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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