RIGHT TO SILENCE AND THE PRIVILEGE AGAINST SELF-INCRIMINATION – A SPECIAL GUARANTEE OF A FAIR TRIAL
Journal Title: Legea și viața - Year 2018, Vol 1, Issue 6
Abstract
The right to silence may be considered as a protection measure, a guarantee that is based on the right to a fair trial. The ECHR jurisprudence considers this right, which is not formally granted by the Convention, as a guarantee provided to defendants in the name of the right to a fair trial, of the right to freedom and human dignity. Despite its appearance as a mainly procedural right, due to the fundamental value that it protects and the requirements of which it promotes – equity – the right to a fair trial also has an obvious aspect of substantive law. The United Nations Human Rights Committee provides for the right to a fair trial not only at the stage of admission of applications, but also at the stage of their examination on merits.
Authors and Affiliations
Igor BACU
Keywords
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