Statute of the Special Tribunal for Lebanon:Article 16 Rights of the accused

Statute of the Special Tribunal for Lebanon

Article 16 Rights of the accused

Geldend

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1.

All accused shall be equal before the Special Tribunal.

2.

The accused shall be entitled to a fair and public hearing, subject to measures ordered by the Special Tribunal for the protection of victims and witnesses.

3

(a)

The accused shall be presumed innocent until proved guilty according to the provisions of this Statute;

(b)

The onus is on the Prosecutor to prove the guilt of the accused;

(c)

In order to convict the accused, the relevant Chamber must be convinced of the guilt of the accused beyond reasonable doubt.

4.

In the determination of any charge against the accused pursuant to this Statute, he or she shall be entitled to the following minimum guarantees, in full equality:

(a)

To be informed promptly and in detail in a language which he or she understands of the nature and cause of the charge against him or her;

(b)

To have adequate time and facilities for the preparation of his or her defence and to communicate without hindrance with counsel of his or her own choosing;

(c)

To be tried without undue delay;

(d)

Subject to the provisions of article 22, to be tried in his or her presence, and to defend himself or herself in person or through legal assistance of his or her own choosing; to be informed, if he or she does not have legal assistance, of this right; and to have legal assistance assigned to him or her, in any case where the interests of justice so require and without payment by him or her in any such case if he or she does not have 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;

(f)

To examine all evidence to be used against him or her during the trial in accordance with the Rules of Procedure and Evidence of the Special Tribunal;

(g)

To have the free assistance of an interpreter if he or she cannot understand or speak the language used in the Special Tribunal;

(h)

Not to be compelled to testify against himself or herself or to confess guilt.

5.

The accused may make statements in court at any stage of the proceedings, provided such statements are relevant to the case at issue. The Chambers shall decide on the probative value, if any, of such statements.

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