is governed by the Code of Criminal Procedure. Persons belonging to national
minorities, likewise all other persons, are entitled to the right to give evidence, to
submit applications, to challenge judges; to have access to the case during the
pretrial investigation and the trial, to participate in the trial proceedings before the
court, to appeal against the actions of the pre-trial investigation officer,
prosecutor, the judge of pre-trial investigation and the court, as well as to appeal
against the judgement or ruling, and to deliver the final speech before the court.
The victim in a criminal case concerning offences against equality or freedom of
conscience is entitled to State-guaranteed secondary legal aid. Secondary legal aid
involves State-guaranteed assistance by an advocate in court, which includes
drafting of documents, defence and case representation in court, including the
process of execution. In exceptional cases, where the victim of racial
discrimination and xenophobia offences faces real danger to life, he/she may be
granted State protection.
Mr. President,
Draft recommendation No. 13 emphasizes that international law requires states to
ensure that all individuals within their jurisdiction benefit from fundamental rights
throughout the judicial process. This includes the right to a fair trial, the right to
legal aid, the right to liberty and security of person and the protection against
torture and cruel, inhuman or degrading treatment. In which ways could the
international community support States in ensuring that all these rights are granted
to the persons belonging to national minorities?