. NMT06-F015
Volume VI · Page XV
| III. COMMITTEE FOR
THE INVESTIGATION AND PROSECUTION OF MAJOR WAR CRIMINALS |
|
| Article 14. Each Signatory shall appoint a Chief Prosecutor for the investigation of the charges against and the prosecution of major war criminals. | |
| The Chief Prosecutors shall act as a committee for the following purposes: | |
| (a) | to agree upon a plan of the individual work of each of the Chief Prosecutors and his staff, |
| (b) | to settle the final designation of major war criminals to be tried by the Tribunal, |
| (c) | to approve the Indictment and the documents to be submitted therewith, |
| (d) | to lodge the Indictment and the accompanying documents with the Tribunal, |
| (e) | to draw up and recommend to the Tribunal for its approval draft rules of procedure, contemplated by Article 13 of this Charter. The Tribunal shall have power to accept, with or without amendments, or to reject, the rules so recommended. |
| The Committee shall act in all
the above matters by a majority vote and shall appoint a Chairman as may be
convenient and in accordance with the principle of rotation: provided that if
there is an equal division of vote concerning the designation of a Defendant to
be tried by the Tribunal, or the crimes with which he shall be charged, that
proposal will be adopted which was made by the party which proposed that the
particular Defendant be tried, or the particular charges be preferred against
him. Article 15. The Chief Prosecutors shall individually, and acting in collaboration with one another, also undertake the following duties: |
|
| (a) | investigation, collection, and production before or at the Trial of all necessary evidence, |
| (b) | the preparation of the Indictment for approval by the Committee in accordance with paragraph |
| (c) | of Article 14 hereof, (c) the preliminary examination of all necessary witnesses and of the Defendants, |
| (d) | to act as prosecutor at the Trial, |
| (e) | to appoint representatives to carry out such duties as may be assigned to them, |
| (f) | to undertake such other matters as may appear necessary to them for the purposes of the preparation for and conduct of the Trial. |
| It is understood that no witness or Defendant detained by any Signatory shall be taken out of the possession of that Signatory without its assent. | |
| 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 whirl 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. |
