The rights of a person accused of a crime supplement the Rights of Individuals in Investigations by including the procedural protections of due process in a trial. These usually include:
- The right to be presumed innocent until proven guilty in a fair public trial.
- The right to counsel. In a criminal case, the accused has a right to a lawyer, and it must be a competent lawyer. The legal systems in some countries ensure that poor defendants have a lawyer provided by the state or public defender system, especially for serious offences and those with the potential for severe punishments.
The accused have the right to confer with their attorney before a police interrogation, during the trial and at any other critical stage in the proceedings against them, such as a preliminary hearing, lineup or appeal. The accused may waive the right to counsel but it must be an intelligent one where the defendant recognizes the consequences of this action.
- The right against self-incrimination. The burden of proof in a criminal case is on the prosecution. The accused do not have to supply the police or prosecution with any evidence that could be used against them. This right against self-incrimination protects the defendant from being forced to reveal incriminating facts. This deters the use of torture or other means to coerce confessions from the accused.
- The right to information. This includes the right to know what charges have been made against them, to be able to confront the witnesses testifying against them and to have access to the evidence collected against them.
- The right to a speedy and public trial, with an impartial jury or judge, in the area where the crime was committed. At the same time, the accused must have enough time to prepare their defence.
- The right to present a defence. This includes the ability to present facts and evidence, to cross examine prosecution witnesses during the trial and to compel the attendance of witnesses to testify for the defence. It also includes the ability to have independent expert witnesses.
- The right to an appeal if the procedural rights and due process of the accused were not respected.
Rights of those in detention and prison
According to Amnesty International:
People held lawfully in detention or imprisonment forfeit for a time the right to liberty, and face restrictions on other rights such as the right to privacy, freedom of movement and freedom of assembly. Although detainees are to be presumed innocent until they have been convicted, both detainees and prisoners are inherently vulnerable because they are under the control of the state. International law recognizes this and places special responsibility on the states to protect detainees and prisoners. When the state deprives a person of liberty, it assumes a duty of care for that person. The duty of care is to maintain the safety and safeguard the welfare of people deprived of their liberty. Detainees are not to be subjected to any hardship or constraint other than that resulting from the deprivation of liberty.370
According to Amnesty Internationals' Fair Trial Manual, the rights of persons in detention include:
- humane conditions of detention;
- provision of basic needs including food, washing and sanitary provisions, bedding, clothing, and medical care;
- access to natural light, recreation and physical exercise facilities;
- allowing religious practices; and
- communications with others, including those outside prison.371
