Chapter 6 • The Right to a Fair Trial: Part I – From Investigation to Trial Rule 43 of the Rules of Procedure and Evidence of the International Criminal Tribunals for Rwanda and the former Yugoslavia provides that interrogations of suspects “shall be audio-recorded or video-recorded”, in accordance with a special procedure detailed therein. The suspect shall be supplied with a copy of the transcript of this recording (Rule 43(iv)). Detailed records of interrogations must be kept at all times and must be made available to the suspect and his or her legal counsel. 6.7 The right to adequate time and facilities to prepare one’s defence Article 14(3)(b) of the International Covenant on Civil and Political Rights provides that in the determination of any criminal charge against him, everyone shall be entitled “to have adequate time and facilities for the preparation of his defence and to communicate with counsel of his own choosing”. Article 8(2)(c) of the American Convention on Human Rights guarantees the accused “adequate time and means for the preparation of his defence”, while article 6(3)(b) of the European Convention on Human Rights speaks of “adequate time and facilities for the preparation of his defence”. Article 7(1) of the African Charter on Human and Peoples’ Rights globally guarantees “the right to defence, including the right to be defended by counsel of his choice”. Articles 20 and 21 respectively of the Statutes of the International Criminal Tribunals for Rwanda and the former Yugoslavia were heavily inspired by article 14 of the International Covenant and both provide that the accused shall “have adequate time and facilities for the preparation of his [or her] defence and to communicate with counsel of his or her own choosing” (arts. 20(4)(b) and 21(4)(b)). Since this right will be examined in fuller detail in Chapter 7, only a limited number of examples from the international jurisprudence will be examined here, since they more particularly concern the lack of time and facilities to prepare one’s defence at an early stage of the investigations. ***** As emphasized by the Human Rights Committee, “the right of an accused person to have adequate time and facilities for the preparation of his or her defence is an important element of the guarantee of a fair trial and a corollary of the principle of equality of arms”.95 In General Comment No. 13 on article 14, the Committee also explained that the meaning of “‘adequate time’ depends on the circumstances of each case, but the facilities must include access to documents and other evidence which the accused requires to prepare his case, as well as the opportunity to engage and communicate with counsel. When the accused does not want to defend himself in person or request a person or an association of his choice, he should be able to have recourse to a lawyer.”96 This provision moreover “requires counsel to communicate 95 Communication No. 349/1989, C. Wright v. Jamaica (Views adopted on 27 July 1992), UN doc. GAOR, A/47/40, p. 315, para. 8.4; and similar wording in Communication No. 702/1996, C. McLawrence v. Jamaica (Views adopted on 18 July 1997), UN doc. GAOR, A/52/40, p. 232, para. 5.10. 96 United Nations Compilation of General Comments, p. 124, para. 9; emphasis added. 244 Human Rights in the Administration of Justice: A Manual on Human Rights for Judges, Prosecutors and Lawyers