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Chapter Summary

With express recognition in international human rights law, the right to counsel is firmly embedded in the governing instruments of the ICTR as well as in its jurisprudence. As noted in the introduction to this chapter, the ICTR law extends the right to counsel to suspects, albeit in an abbreviated form. Thus, ICTR suspects are not entitled to legal representation during other phases of the investigation, such as, for example, during seizure of evidence. The ICTR Appeals Chamber in the Akayesu case confirmed that the right to counsel under the Statute means the right to competent counsel. The ICTR has the peculiarity of having all suspects and accused persons brought before it to have claimed and to have been subsequently found indigent. As noted in the introduction, all ICTR's accused have claimed and have been found indigent.

Keywords: Akayesu; ICTR; jurisprudence



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