DOC/OS(XXX)247 Page 15 e) The interpretation or translation provided shall be adequate to permit the accused to understand the proceedings and for the judicial body to understand the testimony of the accused or defence witnesses. f) The right to interpretation or translation cannot be qualified by a requirement that the accused pay for the costs of an interpreter or translator. Even if the accused is convicted, he or she cannot be required to pay for the costs of interpretation or translation. 5) Right to trial without undue delay: a) Every person charged with a criminal offence has the right to a trial without undue delay. b) The right to a trial without undue delay means the right to a trial which produces a final judgement and, if appropriate a sentence without undue delay. c) Factors relevant to what constitutes undue delay include the complexity of the case, the conduct of the parties, the conduct of other relevant authorities, whether an accused is detained pending proceedings, and the interest of the person at stake in the proceedings. 6) Rights during a trial: a) In criminal proceedings, the principle of equality of arms imposes procedural equality between the accused and the public prosecutor. (i) The prosecution and defence shall be allowed equal time to present evidence. (ii) Prosecution and defence witnesses shall be given equal treatment in all procedural matters. b) The accused is entitled to a hearing in which his or her individual culpability is determined. Group trials in which many persons are involved may violate the person's right to a fair hearing. c) In criminal proceedings, the accused has the right to be tried in his or her presence. (i) The accused has the right to appear in person before the judicial body. (ii) The accused may not be tried in absentia. If an accused is tried in absentia, the accused shall have the right to petition for a reopening of the proceedings upon a showing that inadequate notice was given, that the notice was not personally served on the accused, or that his or her failure to appear was for exigent reasons beyond his or her control. If the petition is granted, the accused is entitled to a fresh determination of the merits of the charge. (iii) The accused may voluntarily waive the right to appear at a hearing, but such a waiver shall be established in an unequivocal manner and preferably in writing. d) The accused has the right not to be compelled to testify against him or herself or to confess guilt. (i) Any confession or other evidence obtained by any form of coercion or force may not be admitted as evidence or considered as probative of any fact at trial or in sentencing. Any confession or admission obtained during incommunicado detention shall be considered to have been obtained by coercion. (ii) Silence by the accused may not be used as evidence to prove guilt and no adverse consequences may be drawn from the exercise of the right to remain silent. e) Everyone charged with a criminal offence shall have the right to be presumed innocent until proved guilty according to law. (i) The presumption of innocence places the burden of proof during trial in any criminal case on the prosecution. (ii) Public officials shall maintain a presumption of innocence. Public officials, including prosecutors, may inform the public about criminal investigations or charges, but shall not express a view as to the guilt of any suspect.