Trial, Appeal and Penalties

In one line

On trial, appeal and penalties at the Court: it tries in the presence of the accused, presumes him innocent and requires proof beyond reasonable doubt, gives him nine minimum guarantees including a right of silence that costs him nothing, may order reparations against him, and may sentence him to no more than thirty years or life, with no death penalty and with enforcement dependent on States.

Where and how the trial is held

Article 62. Unless otherwise decided, the place of trial is the seat of the Court.

Article 63(1). The accused shall be present during the trial. Trial in absentia is therefore the exception, and article 63(2) provides for removal of an accused who continues to disrupt.

Article 64 sets out the functions and powers of the Trial Chamber, and article 65 deals with proceedings on an admission of guilt, which the Chamber must satisfy itself is voluntary, informed and supported by the facts.

The presumption of innocence, article 66

Everyone shall be presumed innocent until proved guilty before the Court in accordance with the applicable law.

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

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

Three sentences, and they say separately what module II's chapter on the presumption of innocence had to assemble from Woolmington v. Director of Public Prosecutions, [1935] AC 462, and Kali Ram v. State of Himachal Pradesh, (1973) 2 SCC 808. The presumption, the burden and the standard are each given their own paragraph.

The rights of the accused, article 67

In the determination of any charge, the accused shall be entitled to a public hearing, to a fair hearing conducted impartially, and to the following minimum guarantees, in full equality.

• (a) To be informed promptly and in detail of the nature, cause and content of the charge, in a language which the accused fully understands and speaks.
• (b) To have adequate time and facilities for the preparation of the defence and to communicate freely with counsel of his own choosing in confidence.
• (c) To be tried without undue delay.
• (d) To be present at the trial, to conduct the defence in person or through legal assistance of his own choosing, to be informed of that right if he has none, and to have legal assistance assigned by the Court where the interests of justice require, and without payment if he lacks sufficient means to pay for it.
• (e) To examine, or have examined, the witnesses against him and to obtain the attendance and examination of witnesses on his behalf under the same conditions, and to raise defences and present other evidence.
• (f) To have, free of any cost, the assistance of a competent interpreter and such translations as are necessary to meet the requirements of fairness.
• (g) 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.
• (h) To make an unsworn oral or written statement in his defence.
• (i) Not to have imposed on him any reversal of the burden of proof or any onus of rebuttal.