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IV. FAIR TRIAL FOR DEFENDANTS
Article 16. In order to ensure fair trial
for the defendants, the following procedure shall be followed:
(a) The Indictment shall include full
particulars specifying in detail the charges against the defendants.
A copy of the Indictment and of all the documents lodged with the
Indictment, translated into a language which he understands, shall be
furnished to the defendant at a reasonable time; before the Trial.
(b) During any preliminary examination or trial of a defendant he
shall have the right to give any explanation relevant to the charges
made against him.
(c) A preliminary examination of a defendant and his trial shall
be conducted in, or translated into, a language which the defendant
understands.
(d) A defendant shall have the right to conduct his own defense
before the Tribunal or to have the assistance of counsel.
(e) A defendant shall have the right through himself or through
his counsel to present evidence at the Trial in support of his
defense, and to cross-examine any witness called by the
Prosecution.
V. POWERS OF THE TRIBUNAL AND CONDUCT OF THE
TRIAL
Article 17. The Tribunal shall have the
power:
(a) to summon witnesses to the Trial and
to require their attendance and testimony and to put questions to
them,
(b) to interrogate any defendant,
(c) to require the production of documents and other evidentiary
material,
(d) to administer oaths to witnesses,
(e) to appoint officers for the carrying out of any task
designated by the Tribunal including the power to have evidence taken
on commission.
Article 18. The Tribunal shall:
(a) confine the Trial strictly to an
expeditious hearing of the issues raised by the charges,
(b) take strict measures to prevent any action which will cause
unreasonable delay, and rule out irrelevant issues and statements of
any kind whatsoever,
(c) deal summarily with any contumacy, imposing appropriate
punishment, including exclusion of any defendant or his counsel from
some or all further proceedings, but without prejudice to the
determination of the charges.
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