Page:United States Statutes at Large Volume 59 Part 2.djvu/867

From Wikisource
Jump to navigation Jump to search
This page needs to be proofread.

INTERNATIONAL AGREEMENTS OTHER THAN TREATIES [59 STAT. IV. FAIR TRIAL FOR DEFENDANTS Article 16. Proedur. In order to ensure fair trial for the Defendants, the following pro- cedure 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 Indict- ment, 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 De- fendant 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 Pros- ecution. V. POWERS OF THE TRIBUNAL AND CONDUCT OF THE TRIAL Article 17. Powers. The Tribunal shall have the power (a) to summon witnesses to the Trial and to require their attend- ance 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. Duties. 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 state- ments 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. 1550