due regard should be had for conflicts of interests between the accused, and the strain on witnesses of cross-examination by several defence counsel. 4. The need for training. Managing these trials is not comparable to working on ordinary criminal proceedings, and extra training will benefit even the most experienced legal professionals. C. Due process standards Without strict adherence to due process standards laid out in international human rights law, the trials may become vulnerable to accusations of politicization and their objectives will be fatally undermined. These standards are enshrined in article 14 of the International Covenant on Civil and Political Rights, which has formed the basis for similar provisions in the statutes of the international tribunals. The practice of the international tribunals therefore may provide valuable guidance in this area. Due process rights include: •R  ights of suspects. Under international human rights law, suspects have a right to legal counsel and to be questioned in the presence of counsel, a right to remain silent, a right to translated documents and a right to be free from any form of coercion, duress, threat or torture.67 •R  ights to be promptly informed of charges. This gives the accused adequate opportunity to challenge his (or her) detention and to prepare his (or her) defence.68 This does not mean that the indictment, of which he (or she) is to be informed upon arrest, cannot subsequently be amended.69 • L egality and conditions of detention. In situations where bail may not be available and pretrial detention is the rule rather than the exception, persons should be indicted only after charges can be supported.70 Conditions of pretrial detention should be open to monitoring by the International Committee of the Red Cross or other groups and subject to regular judicial review. • An impartial bench. For trials to be perceived as successful, it is essential to compose a bench that is competent, fair and impartial. Any issues regarding impartiality should be dealt with preferably during the judicial selection process.71 67 See, for instance, the Rome Statute, art. 55. 68 See the International Covenant on Civil and Political Rights, art. 9 (2). 69 K  ovacevic, ICTY Appeals Chamber Decision Stating Reasons for Appeals Chamber’s Order of 29 May 1998, 2 July 1998, para. 36. 70 In Kosovo, numerous arrests were made before the judicial capacity was in place to start any trials. 71  therwise, this will become an issue of litigation that may be harmful to the public perception of the court. For example, in O Sierra Leone, defence counsel brought a motion to have Judge Robertson removed from the bench because of remarks about Foday Sankoh, Charles Taylor and the Revolutionary United Front (RUF) that he made in his book on international justice. The motion succeeded: the Appeals Chamber found that his statements did raise an issue of appearance of bias and directed that he should not participate in any cases involving RUF. Judge Robertson had been appointed by the President of Sierra Leone. Selection should preferably be a part of a more extensive process. 25