138 Legal Digest of International Fair Trial Rights It must be recalled that the principle of equality of arms (See also 6.1) will demand that if one of the parties in the proceedings is given the benefit of being present during non-criminal proceedings, then the same benefit should be accorded to the other party(ies).602 6.6 Right to defend oneself Article 14 of the ICCPR “(1) In the determination of any criminal charge against him, or of his rights and obligations in a suit at law, everyone shall be entitled to a fair… hearing… “(3) In the determination of any criminal charge against him, everyone shall be entitled to the following minimum guarantees, in full equality: “(d) …to defend himself in person or through legal assistance of his own choosing; to be informed, if he does not have legal assistance, of this right; and to have legal assistance assigned to him, in any case where the interests of justice so require, and without payment by him in any such case if he does not have sufficient means to pay for it;” Article 6 of the ECHR “(1) In the determination of his civil rights and obligations or of any criminal charge against him, everyone is entitled to a fair… hearing… “(3) Everyone charged with a criminal offence has the following minimum rights: “(c) To defend himself in person or through legal assistance of his own choosing or, if he has not sufficient means to pay for legal assistance, to be given it free when the interests of justice so require;” OSCE Commitments (5.17) – any person prosecuted will have the right to defend himself in person or through prompt legal assistance of his own choosing or, if he does not have sufficient means to pay for legal assistance, to be given it free when the interests of justice so require. Document of the Copenhagen Meeting of the Conference on the Human Dimension of the CSCE, Copenhagen 1990. *** 602 Äärelä and Näkkäläjärvi v Finland, HRC Communication 779/1997, UN Doc CCPR/C/73/D/779/1997 (2001), para 7.4.

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