116 Legal Digest of International Fair Trial Rights 6.3.1 The right to be informed of criminal charges Article 14(3)(a) of the ICCPR and Article 6(3)(a) of the ECHR guarantee the right of every person accused of a “criminal charge” or “criminal offence” (See also 1.1) to be informed promptly, in detail, and in a language which the accused understands, of the nature (legal characterization of the offence) and cause (alleged facts) of the charge. By the very nature of this right, it is applicable in criminal proceedings only. This guarantee does not apply to investigations preceding the formal laying of charges, in respect of which there is a separate pre-trial right to notice of the reasons for arrest.462 The scope of the right of the accused to information is broader than the right to notice of the reasons for arrest. The right to be informed of the charge “promptly” is an integral part of the right to adequate time for the preparation of one’s defence. It requires that the information be given as soon as the person concerned is formally charged by a competent authority with a criminal offence, or the individual is publicly named as such.463 The specific requirements of the right to be informed of criminal charges (i.e., to be informed in detail, and in a language which the accused understands, of the nature and cause of the charge) can be met either orally or in writing.464 Where the information is provided orally, it must be later confirmed in writing.465 In some jurisdictions, this written notification is described as an “indictment” or “charge sheet”. The European Court of Human Rights has described the level of detail in the information provided to the defendant as “crucial”, because it is from the moment that this information is provided that the accused is formally put on notice of the factual and legal basis of the charges against her/him.466 The information must be detailed and must not only inform the defendant of the cause of the accusation, i.e., the acts that s/he is alleged to have committed and on which the accusation is based, but must also inform the defendant of the legal characterization given to those acts, i.e., specifying the law under which those alleged acts constitute a criminal offence.467 While the extent of the “detailed” information varies depending on the particular circumstances of each case, the accused must, at any rate, be provided with sufficient information as is necessary to understand fully the extent of the charges 462 UN Human Rights Committee, CCPR General Comment 32 (2007), para 31; Kelly v Jamaica, HRC Communication 253/1987, UN Doc CCPR/C/41/D/253/1987 (1991), para 5.8; Williams v Jamaica, HRC Communication 561/1993, UN Doc CCPR/C/59/D/561/1993 (1997), para 9.2; Smirnova v Russian Federation, HRC Communication 712/1996, UN Doc CCPR/C/81/D/712/1996 (2004), para 10.3; Marques de Morais v Angola, HRC Communication 1128/2002, UN Doc CCPR/C/83/D/1128/2002 (2005), para 5.4; and Medjnoune v Algeria, HRC Communication 1297/2004, UN Doc CCPR/C/87/D/1297/2004 (2006), para 8.6. 463 UN Human Rights Committee, CCPR General Comment 32 (2007), para 31; and Marques de Morais v Angola, HRC Communication 1128/2002, UN Doc CCPR/C/83/D/1128/2002 (2005), para 5.4. 464 UN Human Rights Committee, CCPR General Comment 32 (2007), para 31. 465 UN Human Rights Committee, CCPR General Comment 32 (2007), para 31. 466 Kamasinski v Austria [1989] ECHR 24, para 79; Sadak and Others v Turkey [2001] ECHR 479, para 48. 467 Pélissier and Sassi v France [1999] ECHR 17, paras 51–52;; Mattoccia v Italy [2000] ECHR 383, para 59. See also UN Human Rights Committee, CCPR General Comment 32 (2007), para 31.