66. The requirement of promptness refers to the need to provide the individual with
the information as soon as they are formally charged or the individual is named
publicly.625
67. This can be done orally or in writing, but if orally then it must be later confirmed
in writing.626
68. The information should be detailed and include the charge, the acts alleged to
have been committed and the law under which the charge falls.627 It should
enable the individual to understand fully with what they are being charged and
why. It may be possible to amend the indictment from that with which the
individual was initially charged if the resulting conviction is based on the same
facts.628
J. The right to have adequate time and facilities for the preparation of his
defence629
69. The adequate time requirement depends on the nature and complexity of the
case.630
70. There should be disclosure of the evidence and documents the prosecution
plans to present to the court,631 in particular, in the context of criminal
proceedings, exonerating evidence,632 with sufficient time to examine it. For
example, notification of the charges against the accused two days before trial
will violate Article 14(1) and (3) of the ICCPR.633 Where there is a late change
of lawyer an adjournment may be necessary.634
71. In some instances it may be appropriate not to disclose information if this is
necessary for a legitimate aim, is strictly necessary and the measures are
proportionate. This should then be counter-balanced by the court to ensure
the defendant is still then able to answer the case against them. So, for
example, if an individual is provided with summaries of information on grounds
625
UN Human Rights Committee, CCPR General Comment No.32 CCPR/C/GC/32 (2007), para 31;
and Marques de Morais v Angola, HRC Communication 1128/2002, 29 March 2005, para 5.4.
626
General Comment No.32, CCPR/C/GC/32 (2007), para 31.
627
General Comment No.32, CCPR/C/GC/32 (2007)Ibid. Pélissier and Sassi v France [1999] ECHR
17, paras 51–52.
628
Human Rights Committee Communication 1128/2002, Marques de Morais v Angola, 29 March 2005,
para 5.5. The European Court takes a more restrictive view, Sadak and Others v Turkey [2001] ECHR
479, para 57.
629
Article 14 ICCPR ; Article 16(2) Arab Charter. UN Human Rights Committee, CCPR General
Comment No.32 CCPR/C/GC/32 (2007), para 32.
630
Williams v Jamaica, Human Rights Committee Communication 561/1993, UN Doc
CCPR/C/59/D/561/1993 (1997), para 9.3.
631
Human Rights Committee General Comment No.32, CCPR/C/GC/32 (2007), para 33.
632
Human Rights Committee Communication 904/2000, Van Marcke v Belgium, UN Doc
CCPR/C/81/D/904/2000 (2004), para 8.3.
633
Human Rights Committee Communications 1152/2003 and 1190/2003, Bee v Equatorial Guinea, 31
October 2005, para 6.3.
634
Goddi v Italy. See also Communication 282/1988, Smith v Jamaica UN Doc. CCPR/C/47/D/282/1988
(1993), para 10.4; and Kurbanov v Tajikistan, 6 November 2003, para 7.3.
111
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