The Statute=
of the
Iraqi Special Tribunal
SECTION
SEVEN =
Investigati=
ons and
Indictment
PART
TWO
Rights
of the Accused =
=
Article 20. <=
/strong>
a) All persons shall be equal before the
Tribunal.
b) Everyone shall be presumed innocent until
proven guilty before the Tribunal in accordance with the law.
c) In the determination of any charge, the
accused shall be entitled to a public hearing, having regard to the provisi=
ons
of the Statute and the rules of procedure made hereunder.
d) In the determination of any charge again=
st
the accused pursuant to the present Statute, the accused shall be entitled =
to a
fair hearing conducted impartially and to the following minimum guarantees:=
- to be inf=
ormed
promptly and in detail of the nature, cause and content of the charge
against him;
- to have a=
dequate
time and facilities for the preparation of his defense and to communic=
ate
freely with counsel of his own choosing in confidence. The accused is
entitled to have non-Iraqi legal representation, so long as the princi=
pal
lawyer of such accused is Iraqi;
- to be tri=
ed
without undue delay;
- to be tri=
ed in
his presence, and to defend himself in person or through legal assista=
nce
of his own choosing; to be informed, if he does not have legal assista=
nce,
of this right; and to have legal assistance assigned to him, in any ca=
se
where the interests of justice so require, and without payment by him =
in
any such case if he does not have sufficient means to pay for it;
- to examin=
e, or
have examined, the witnesses against him and to obtain the attendance =
and
examination of witnesses on his behalf under the same conditions as
witnesses against him. The accused shall also be entitled to raise
defences and to present other evidence admissible under this Statute a=
nd
Iraqi law; and
- not to be
compelled to testify against himself or to confess guilt, and to remain
silent, without such silence being a consideration in the determinatio=
n of
guilt or innocence.
&=
nbsp;
- &n=
bsp;
-
-
-
-
- The
accused shall also be entitled to raise defences and to present other
evidence admissible under this Statute and Iraqi law”
-
- “
The Head of the Revolutionary Council, his deputy and members enjoy
absolute immunity and no procedure could be taken against any of them
without leave of the Revolutionary Council.”
- whilst in exile or deposed ( R v Mary Queen of Scots 1586 I
St.Tr.1161). This was further ratified and perfected within the Vienna Convention on Diplomatic Relatio=
ns
1961.
-
-
-
-
-
-
-
- (D) All persons shall be guaranteed the rig=
ht
to a fair and public hearing by an independent and impartial tribunal,
regardless of whether the proceeding is civil or criminal. Notice of the
proceeding and its legal basis must be provided to the accused without dela=
y.
(E) The accused is innocent until proven gu=
ilty
pursuant to law, and he likewise has the right to engage independent and
competent counsel, to remain silent in response to questions addressed to h=
im
with no compulsion to testify for any reason, to participate in preparing h=
is
defense, and to summon and examine witnesses or to ask the judge to do so. =
At
the time a person is arrested, he must be notified of these rights.
(F) The right to a fair, speedy, and open t=
rial
shall be guaranteed.
(G) Every person deprived of his liberty by
arrest or detention shall have the right of recourse to a court to determine
the legality of his arrest or detention without delay and to order his rele=
ase
if this occurred in an illegal manner.
=
- &n=
bsp;
-
-
- “No offici=
al or
employee of the Iraqi Transitional Government shall enjoy immunity for
criminal acts committed while in office.”
- “(A)
No civil law shall have retroactive effect unless the law so stipulate=
s.
There shall be neither a crime, nor punishment, except by law in effec=
t at
the time the crime is committed.”
GIO=
VANNI DI
STEFANO
STU=
DIO
LEGALE INTERNAZIONALE
3/4=
LARGO G
TARTINI, 00197 ROMA ITALIA
www.studiolegaleinterna=
zionale.com
23 =
June
2005
&n=
bsp;
&n=
bsp;