Rome Statute of the International Criminal Court
(d)
2.
Shall not be subjected to arbitrary arrest or detention, and shall not be
deprived of his or her liberty except on such grounds and in accordance with
such procedures as are established in this Statute.
Where there are grounds to believe that a person has committed a crime within
the jurisdiction of the Court and that person is about to be questioned either by the
Prosecutor, or by national authorities pursuant to a request made under Part 9, that
person shall also have the following rights of which he or she shall be informed prior
to being questioned:
(a)
To be informed, prior to being questioned, that there are grounds to believe
that he or she has committed a crime within the jurisdiction of the Court;
(b)
To remain silent, without such silence being a consideration in the
determination of guilt or innocence;
(c)
To have legal assistance of the person's choosing, or, if the person does not have
legal assistance, to have legal assistance assigned to him or her, in any case
where the interests of justice so require, and without payment by the person in
any such case if the person does not have sufficient means to pay for it; and
(d)
To be questioned in the presence of counsel unless the person has voluntarily
waived his or her right to counsel.
Article 56
Role of the Pre-Trial Chamber in relation to a unique investigative
opportunity
1.
2.
(a)
Where the Prosecutor considers an investigation to present a unique
opportunity to take testimony or a statement from a witness or to examine,
collect or test evidence, which may not be available subsequently for the
purposes of a trial, the Prosecutor shall so inform the Pre-Trial Chamber.
(b)
In that case, the Pre-Trial Chamber may, upon request of the Prosecutor, take
such measures as may be necessary to ensure the efficiency and integrity of
the proceedings and, in particular, to protect the rights of the defence.
(c)
Unless the Pre-Trial Chamber orders otherwise, the Prosecutor shall provide
the relevant information to the person who has been arrested or appeared in
response to a summons in connection with the investigation referred to in
subparagraph (a), in order that he or she may be heard on the matter.
The measures referred to in paragraph 1 (b) may include:
(a)
Making recommendations or orders regarding procedures to be followed;
(b)
Directing that a record be made of the proceedings;
(c)
Appointing an expert to assist;
(d)
Authorizing counsel for a person who has been arrested, or appeared before the
Court in response to a summons, to participate, or where there has not yet been
such an arrest or appearance or counsel has not been designated, appointing
another counsel to attend and represent the interests of the defence;
(e)
Naming one of its members or, if necessary, another available judge of the
Pre-Trial or Trial Division to observe and make recommendations or orders
regarding the collection and preservation of evidence and the questioning of
persons;
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