3. In the determination of any criminal charge against them, migrant
workers and members of their families shall be entitled to the following
minimum guarantees:
(a) To be informed promptly and in detail in a language they
understand of the nature and cause of the charge against them;
(b) To have adequate time and facilities for the preparation of
their defence and to communicate with counsel of their own choosing;
(c)
To be tried without undue delay;
(d) To be tried in their presence and to defend themselves in person or through legal assistance of their own choosing; to be informed, if
they do not have legal assistance, of this right; and to have legal assistance assigned to them, in any case where the interests of justice so
require and without payment by them in any such case if they do not
have sufficient means to pay;
(e) To examine or have examined the witnesses against them and
to obtain the attendance and examination of witnesses on their behalf
under the same conditions as witnesses against them;
(f) To have the free assistance of an interpreter if they cannot
understand or speak the language used in court;
(g) Not to be compelled to testify against themselves or to confess guilt.
4. In the case of juvenile persons, the procedure shall be such as will
take account of their age and the desirability of promoting their rehabilitation.
5. Migrant workers and members of their families convicted of a crime
shall have the right to their conviction and sentence being reviewed by a
higher tribunal according to law.
6. When a migrant worker or a member of his or her family has, by a final decision, been convicted of a criminal offence and when subsequently
his or her conviction has been reversed or he or she has been pardoned
on the ground that a new or newly discovered fact shows conclusively
that there has been a miscarriage of justice, the person who has suffered
punishment as a result of such conviction shall be compensated accord115
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