. NMT03-F025
Volume III · Page XXV
| indictments with the Secretary
General of the tribunals (see Article XIV, infra) and shall conduct the
prosecution. (b) The Chief of Counsel for War Crimes, when in his judgment it is advisable, may invite one or more United Nations to designate representatives to participate in the prosecution of any case. |
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| Article IV | |
| In order to ensure fair trial for
the defendants, the following procedure shall be followed: (a) A defendant shall be furnished, at a reasonable time before his trial, a copy of the indictment and of all documents lodged with the indictment, translated into a language which he understands. The indictment shall state the charges plainly, concisely and with sufficient particulars to inform defendant of the offenses charged. (b) The trial shall be conducted in, or translated into, a language which the defendant understands. (c) A defendant shall have the right to be represented by counsel of his own selection, provided such counsel shall be a person qualified under existing regulations to conduct cases before the courts of defendant's country, or any other person who may be specially authorized by the tribunal. The tribunal shall appoint qualified counsel to represent a defendant who is not represented by counsel of his own selection. (d) Every defendant shall be entitled to be present at his trial except that a defendant may be proceeded against during temporary absences if in the opinion of the tribunal defendant's interests will not thereby be impaired, an except further as provided in Article VI (c). The tribunal may also prove, in the absence of any defendant who has applied for and has been grant permission to be absent. (e) A defendant shall have the right through his counsel to present evidence at the trial in support of his defense, and to cross-examine any witness called by the prosecution. (f) A defendant may apply in writing to the tribunal for the production of witnesses or of documents. The application shall state where the witness: or document is thought to be located and shall also state the facts to be proved by the witness or the document and the relevancy of such facts to the defense. If the tribunal grants the application, the defendant shall be given such aid in obtaining production of evidence as the tribunal may order. |
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| Article V | |
| The tribunals shall have the power | |
| (a) | to summon witnesses to the trial, testimony and to put questions to them; |
| (b) | to interrogate any defendant who takes the stand to testify in his own behalf, or who is called to testify regarding any other defendant; |
| (c) | to require the production of documents and other evidentiary material; |
| (d) | to administer oaths; |
| (e) | to appoint officers for the carrying out of any task designated by the tribunals including the taking of evidence on commission; |
| (f) | to adopt rules of procedure not inconsistent with this Ordinance. Such rules shall be adopted, and from time to time as necessary, revised by the members of the tribunal or by the committee of presiding judges as provided in Article XIII. |
