'Rights during trial - remain silent' in document 'Afghanistan - Interim Criminal Procedure Code'

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RELEVANT SECTIONS OF THE IMPLEMENTING LEGISLATION

Chapter 1
General Provisions

Article 5
Suspect and Accused

The suspect and the accused have the right to abstain from making any statement even when they are questioned by the relevant police or judicial authorities.

Chapter 1
General Provisions

Article 5
Suspect and Accused

The police, the Saranwal and the Court are duty bound to clearly inform the suspect and the accused before interrogation and at the time of arrest about his or her right to remain silent, right to representation at all times by defense counsel, and right to be present during searches, line-ups, expert examinations and trial.

Chapter 8
The Trial

Article 53
Conduct of the Hearing

The accused can testify if he does not avail himself of the right to remain silent and the accused or his defense counsel can ask questions to the witnesses and the experts ;

Chapter 8
The Trial

Article 53
Conduct of the Hearing

The accused can refuse to answer the questions of the Court consitent with his right to remain silent.

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