Council of Europe

Chamber
Jurisdiction
Procurator
Process
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European Tribunal
for the protection of human rights ad hoc

*   EUROTRIBUNAL  *

UNITED CHAMBER FOR THE TRIAL AND EXECUTION



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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 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 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.
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 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.

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 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.

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 "not guilty.''
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 Tribunal.

The expenses of the Tribunal and of the Trials shall be charged by the defendants.


Partnership and support: Council of Europe ad hoc



ECHR


Applicable law in denazification's processes

Gesetz Nr. 104 zur  Befreiung von Nationalsozializmus und Militarismus vom  5.03.1946

Grundgesetz, Artikel 139

Beschluss des Verfassungsgerichts 1 BvR 70/51 vom  27.09.1951