10.
Subparagraph 3 (c) provides that the accused shall be tried without undue delay. This
guarantee relates not only to the time by which a trial should commence, but also the time by which
it should end and judgement be rendered; all stages must take place “without undue delay”. To
make this right effective, a procedure must be available in order to ensure that the trial will proceed
“without undue delay”, both in first instance and on appeal.
11.
Not all reports have dealt with all aspects of the right of defence as defined in subparagraph
3 (d). The Committee has not always received sufficient information concerning the protection of
the right of the accused to be present during the determination of any charge against him nor how
the legal system assures his right either to defend himself in person or to be assisted by counsel of
his own choosing, or what arrangements are made if a person does not have sufficient means to pay
for legal assistance. The accused or his lawyer must have the right to act diligently and fearlessly in
pursuing all available defences and the right to challenge the conduct of the case if they believe it to
be unfair. When exceptionally for justified reasons trials in absentia are held, strict observance of the
rights of the defence is all the more necessary.
12.
Subparagraph 3 (e) states that the accused shall be entitled to examine or have examined
the witnesses against him and to obtain the attendance and examination of witnesses on his behalf
under the same conditions as witnesses against him. This provision is designed to guarantee to the
accused the same legal powers of compelling the attendance of witnesses and of examining or
cross-examining any witnesses as are available to the prosecution.
13.
Subparagraph 3 (f) provides that if the accused cannot understand or speak the language
used in court he is entitled to the assistance of an interpreter free of any charge. This right is
independent of the outcome of the proceedings and applies to aliens as well as to nationals. It is of
basic importance in cases in which ignorance of the language used by a court or difficulty in
understanding may constitute a major obstacle to the right of defence.
14.
Subparagraph 3 (g) provides that the accused may not be compelled to testify against
himself or to confess guilt. In considering this safeguard the provisions of article 7 and article 10,
paragraph 1, should be borne in mind. In order to compel the accused to confess or to testify against
himself, frequently methods which violate these provisions are used. The law should require that
evidence provided by means of such methods or any other form of compulsion is wholly
unacceptable.
15.
In order to safeguard the rights of the accused under paragraphs 1 and 3 of article 14, judges
should have authority to consider any allegations made of violations of the rights of the accused
during any stage of the prosecution.
16.
Article 14, paragraph 4, provides that in the case of juvenile persons, the procedure shall be
such as will take account of their age and the desirability of promoting their rehabilitation. Not many
reports have furnished sufficient information concerning such relevant matters as the minimum age
at which a juvenile may be charged with a criminal offence, the maximum age at which a person is
still considered to be a juvenile, the existence of special courts and procedures, the laws governing
procedures against juveniles and how all these special arrangements for juveniles take account of
“the desirability of promoting their rehabilitation”. Juveniles are to enjoy at least the same
guarantees and protection as are accorded to adults under article 14.
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