"The prosecution presents these defendants as Arabs who allegedly are terrorists, and who allegedly killed Americans," Mr. Tigar said.
His public defenders chose not to offer an opening statement until after the prosecution presents its case, which is expected to take a week or more.
In Germany the prosecution participates in the investigation; while in France the prosecution presents its recommendations only at the end of the hearing.
The proceeding is not a trial but rather an ex parte hearing (i.e., one in which only one party, the prosecution, presents evidence) to determine if the government has enough evidence to carry a case to trial.
This is standard practice in Russian courts: they do the prosecution's bidding, and the prosecution presents a half-baked or entirely manufactured case; they use and abuse their own procedure to humiliate the defendant.
If the court finds he lacks capacity to defend himself, the 86-year-old peer faces a finding of fact process where the prosecution presents the evidence before a jury and a court-appointed barrister offers a defence without instructions from the accused.
