Rights of Suspects and Accused
In the Statute and the Rules of Procedure, suspects and accused are endowed with specific rights. This section provides an overview of these rights. For more information about the definitions of “suspect” and “accused”, and the difference between them, please click here
 
Rights of suspects
 
Article 15 of the Statute provides that suspects are entitled to the following rights:
A suspect who is to be questioned by the Prosecutor shall not be compelled to incriminate himself or herself or to confess guilt. He or she shall have the following rights of which he or she shall be informed by the Prosecutor prior to questioning, in a language he or she speaks and understands:
 
(a)  The right to be informed that there are grounds to believe that he or she has committed a crime within the jurisdiction of the Special Tribunal;
(b)  The right to remain silent, without such silence being considered in the determination of guilt or innocence, and to be cautioned that any statement he or she makes shall be recorded and may be used in evidence;
(c)  The right to have legal assistance of his or her own choosing, including the right to have legal assistance provided by the Defence Office where the interests of justice so require and where the suspect does not have sufficient means to pay for it;
(d)  The right to have the free assistance of an interpreter if he or she cannot understand or speak the language used for questioning;
(e)  The right to be questioned in the presence of counsel unless the person has voluntarily waived his or her right to counsel.
 
In addition, the Rules of Procedure and Evidence further details these rights in Rule 65 and 66, which read as follows: .
 
Rule 65 – Rights of suspects during investigations
 
(A) Whether he is free or in detention, a suspect who is to be questioned by the Prosecutor shall have the following rights, of which the Prosecutor shall inform the suspect prior to questioning in a manner and language the suspect understands:
 
(i)     the right to be assisted by counsel of the suspect’s choosing or to be assigned
legal assistance without payment if the suspect does not have sufficient means to pay for such assistance;
 
(ii)     the right to have the free assistance of an interpreter if the suspect cannot understand or speak the language to be used for questioning; and
 
(iii)   the right to remain silent and to be cautioned that any statement the suspect makes shall be recorded and may be used in evidence.
 
(B) Questioning of a suspect shall not proceed without the presence of counsel, unless the suspect has voluntarily and expressly waived the right to counsel. In case of waiver, if the suspect subsequently expresses a desire to have counsel, questioning shall thereupon cease and shall only resume when counsel for the suspect is present.
Rule 66 - Recording Questioning of Suspects
 
(A) Whenever the Prosecutor questions a suspect, the procedure envisaged in Rule 65 and the questioning shall be video-recorded or, if that is not practicable, audio-recorded, in accordance with the following procedure:
 
(i) the suspect shall be informed in a language he understands that the questioning is being video-recorded or audio-recorded;
 
(ii) in the event of a break in the course of the questioning, the questioner shall state the fact and the time of the break before video-recording or audio-recording ends, and the time of resumption of the questioning shall also be recorded;
 
(iii) at the conclusion of the questioning, the suspect shall be offered the opportunity to clarify anything he has said and to add or amend anything he may wish, and the time of conclusion shall be recorded;
 
(iv) a copy of the recorded tape or digital recording or, if multiple recording apparatus were used, one of the original recorded tapes or memory cards shall be supplied to the suspect or his counsel;
 
(v) after a copy has been made, if necessary, of the recorded tape or memory card, the original recorded tape or memory card or one of the original tapes or memory cards shall be sealed in the presence of the suspect under the signature of a member of the Office of the Prosecutor and the suspect; and
 
(vi) the tape or digital recording shall be transcribed if the suspect becomes an accused.
 
(B) As an exception, a person may be questioned without the questioning being audio-recorded or video-recorded where circumstances make it absolutely impractical for such recording to take place. The Prosecutor, however, shall make every reasonable effort to record the questioning. In any event, he shall provide in writing the specific grounds that in his view justify the decision not to audio-record or video-record the questioning.
 
 
Rights of accused

Article 16 of the Statute provides that persons accused are entitled to the following rights:
1. All accused shall be equal before the Special Tribunal.
 
2. The accused shall be entitled to a fair and public hearing, subject to measures ordered by the Special Tribunal for the protection of victims and witnesses.
 
3. (a)  The accused shall be presumed innocent until proved guilty according to
the provisions of this Statute;
    
     (b)  The onus is on the Prosecutor to prove the guilt of the accused;
    
     (c)  In order to convict the accused, the relevant Chamber must be convinced of the guilt of the accused beyond reasonable doubt.
 
4. In the determination of any charge against the accused pursuant to this Statute, he or she shall be entitled to the following minimum guarantees, in full equality:
 
     (a)  To be informed promptly and in detail in a language which he or she understands of the nature and cause of the charge against him or her;
 
     (b)  To have adequate time and facilities for the preparation of his or her defence and to communicate without hindrance with counsel of his or her own choosing;
 
     (c)  To be tried without undue delay;
 
     (d)  Subject to the provisions of article 22, to be tried in his or her presence, and to defend himself or herself in person or through legal assistance of his or her own choosing; to be informed, if he or she does not have legal assistance, of this right; and to have legal assistance assigned to him or her, in any case where the interests of justice so require and without payment by him or her in any such case if he or she does not have sufficient means to pay for it;
 
     (e)  To examine, or have examined, the witnesses against him or her and to obtain the attendance and examination of witnesses on his or her behalf under the same conditions as witnesses against him or her;
 
     (f)    To examine all evidence to be used against him or her during the trial in accordance with the Rules of Procedure and Evidence of the Special Tribunal;
 
     (g)   To have the free assistance of an interpreter if he or she cannot understand or speak the language used in the Special Tribunal;
 
(h)        Not to be compelled to testify against himself or herself or to confess guilt.
 
5. The accused may make statements in court at any stage of the proceedings, provided such statements are relevant to the case at issue. The Chambers shall decide on the probative value, if any, of such statements.
 
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Rule 69 of the Rules of Procedure and Evidence states that “An accused shall enjoy the rights enshrined in Article 16 of the Statute, as well as, mutatis mutandis, the rights conferred on suspects by Rules 65 and 66.
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