Understanding the International Criminal Court

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C. The rights of suspects

47. Are detainees deemed to have been convicted by virtue of their transfer to the Court?

No. Everyone is presumed innocent until proven guilty before the Court. The Prosecution must prove

the guilt of the suspect and a Trial Chamber will convict someone only if it is satisfied that the charges

have been proven beyond reasonable doubt.

48. What rights do suspects have? 

Suspects are presumed innocent. They are present in the courtroom during the trial, and they have a

right to a public, fair and impartial hearing of their case. To this end, a series of guarantees are set out

in the Court’s legal documents, including the following rights, to mention but a few:

•

to  be  defended  by  the  counsel  (lawyer)  of  their  choice,  present  evidence  and  witnesses

of their own and to use a language which they fully understand and speak;

•

to  be  informed  in  detail  of  the  charges  in  a  language  which  they  fully  understand  and

speak;

•

to  have  adequate  time  and  facilities  for  the  preparation  of  the  defence  and  to

communicate freely and in confidence with counsel;

•

to be tried without undue delay;

•

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;

•

to  have  the  Prosecution  disclose  to  the  defence  evidence  in  its  possession  or  control  which  it

believes  shows  or  tends  to  show  the  innocence  of  the  accused,  or  to  mitigate  the  guilt  of  the

accused, or which may affect the credibility of the Prosecution’s evidence.