for the protection of human rights ad hoc
UNITED CHAMBER FOR
THE TRIAL AND EXECUTION
to ensure fair trial for the defendants, the following procedure shall
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
which he understands, shall be furnished to the Defendant at reasonable
time before the Trial.
b) During any preliminary examination or trial of a defendant he will
have the right to give any explanation relevant to the charges made
c) A preliminary examination of a defendant and his Trial shall be
conducted in, or translated into, a language which the defendant
d) A defendant shall have the right to conduct his own defense before
the Tribunal or to have the assistance of counsel. The counsil shall be
found guilty as defendant.
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 question any witness called by the Prosecution.
The function of counsel for a defendant may be discharged at the
defendant's request by any counsel professionally qualified to conduct
cases before the courts of his own country, or by any other person who
may be specially authorized thereto by the Tribunal.
The Tribunal shall have the power
a) to summon witnesses to the Trial and to require their attendance and
testimony and to put questions to them
b) to interrogate any defendant,
c) to require the production of documents and other evidentiary
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.
The Tribunal shall
a) confine the Trial strictly to an expeditious hearing of the cases
raised by the charges,
b) take strict measures to prevent any action which will cause
reasonable delay, and rule out irrelevant issues and statements of any
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
The Tribunal shall not be bound by technical rules of evidence. It
shall adopt and apply to the greatest possible extent expeditious and
nontechnical procedure, and shall admit any evidence which it deems to
be of probative value.
The Tribunal may require to be informed of the nature of any evidence
before it is entered so that it may rule upon the relevance thereof.
The Tribunal shall not require proof of facts of common knowledge but
shall take judicial notice thereof.
The proceedings at the Trial shall take the following course:
a) The Indictment shall be read in Tribunal.
b) The Tribunal shall ask each defendant whether he pleads "guilty" or
c) The prosecution shall make an opening statement.
d) The Tribunal shall ask the prosecution and the defense what evidence
(if any) they wish to submit to the Tribunal, and the Tribunal shall
rule upon the admissibility of any such evidence.
e) The witnesses for the Prosecution shall be examined and after that
the witnesses for the defense. Thereafter such rebutting evidence as
may be held by the Tribunal to be admissible shall be called by either
the Prosecution or the defense.
f) The Tribunal may put any question to Prosecutor, to any witness and
to any defendant, at any time.
g) The Prosecution and the defense shall interrogate and may
crossexamine any witnesses and any defendant who gives testimony.
h) The defense shall address the Tribunal.
i) The Prosecution shall address the Tribunal.
j) Each defendant may make a statement to the Tribunal.
k) The Tribunal shall deliver judgment and pronounce sentence.
All official documents shall be produced, and all Tribunal proceedings
conducted, in Russian. The expenses of the translation shall be charged
by the defendants.
The judgment of the Tribunal as to the guilt or the innocence of any
defendant shall give the reasons on which it is based, and shall be
final and not subject to review.
The Tribunal shall have the right to impose upon a defendant, on
conviction, death or such other punishment as shall be determined by it
to be just.
In addition to any punishment imposed by it, the Tribunal shall have
the right to deprive the convicted person of any property.
The sentences of the Tribunal shall be signed by Judges and
cofirmed by seal of the Tribunal.
Sentences shall be carried out in accordance with the orders of the
The expenses of the Tribunal and of the Trials shall be charged by the
Partnership and support: Council of
Europe ad hoc