'Rights during trial - remain silent' in document 'Malawi - Constitution'

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RELEVANT SECTIONS OF THE IMPLEMENTING LEGISLATION

CHAPTER IV
HUMAN RIGHTS

42. Arrest, detention and fair trial

(2) Every person arrested for, or accused of, the alleged commission of an offence shall, in addition to the rights which he or she has as a detained person, have the right —

(a) promptly to be informed, in a language which he or she understands, that he or she has the right to remain silent and to be warned of the consequences of making any statement ;

CHAPTER IV
HUMAN RIGHTS

42. Arrest, detention and fair trial

(2) Every person arrested for, or accused of, the alleged commission of an offence shall, in addition to the rights which he or she has as a detained person, have the right —

(f) as an accused person, to a fair trial, which shall include the right —
(iii) to be presumed innocent and to remain silent during plea proceedings or trial and not to testify during trial ;

RELEVANT ROME STATUTE PROVISIONS

Article 67
Rights of the accused
1. In the determination of any charge, the accused shall be entitled to a public hearing, having regard to the provisions of this Statute, to a fair hearing conducted impartially, and to the following minimum guarantees, in full equality:
(g) Not to be compelled to testify or to confess guilt and to remain silent, without such silence being a consideration in the determination of guilt or innocence