The guarantees for the defense

Cet article est Ă©galement disponible en : French, Arabic

The guarantees provided to the defense before the Extraordinary African Chambers (EAC) are as follows:

– The right to defense or to be assisted by counsel of his/her choice;

– The right to information on the record, in detail, in a short timeframe, using a language that the targeted person understands;

– The right to adequate time and facilities required for the preparation of the defense;

– The right to be present at the trial;

– The right to question or ensure that witnesses against him/her are questioned and to obtain the attendance and examination of witnesses on his behalf under the same conditions as witnesses against him;

– The right to silence – the defendant’s guilt cannot be based upon his decision to remain silent;

– The right to a fair and public trial;

– The right to a reasoned judicial decision;

– The right to be tried without undue delay;

– The right to the principle of legality of criminal offenses and penalties;

– The right not to be tried twice for the same charges;

– The right to compensation in case of miscarriage of justice.

(Articles 19, 21 of the statutes and criminal justice code of Senegal)

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