Sunday, April 5, 2015

Article 35. The Right of the Accused

Article 35. The Right of the Accused 

(1) The accused is presumed innocent until proven guilty in a final manner by a court of law. 

(2) Every person arrested or detained has the right to be informed promptly of the reason for their arrest or detention in a language which the person understands. 

(3) Every person arrested or detained shall have the right for his or her family and relatives to be informed of his or her situation.

 (4) Every person may not be compelled to self-incriminate, and a verdict may not be based on evidence acquired by means of coercion.

 (5) Every person who is arrested has the right to be brought before a capable court within 48 hours of the arrest. 

(6) Every person who is arrested or detained has the right to choose, and to consult with, a legal practitioner and if he or she cannot afford one, the government must appoint a legal practitioner for him or her. 

(7) Every person brought before a court of law for an alleged criminal offence is entitled to a fair trial. 

(8) The accused has the right to be present at their trial. 

(9) The accused has the right to challenge the evidence presented against him or her. 

(10) The accused has the right to an interpreter if the accused person does not understand the language being used in the court. 

(11) The accused cannot be kept in an illegal detention centre, and must be granted visits by his or her family, doctor or lawyer. 

(12) Criminal liability is a personal matter and no person may be convicted of a criminal offence for an act committed by another person. 

(13) No person may be convicted of a crime for committing an act that was not an offence at the time it was committed, unless it is a crime against humanity under international law.