'Rights during investigation - remain silent' in document 'Trinidad and Tobago - Mutual assistance act'

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RELEVANT SECTIONS OF THE IMPLEMENTING LEGISLATION

CHAPTER 11:24

MUTUAL ASSISTANCE IN CRIMINAL MATTERS ACT

PART III
REQUESTS BY COMMONWEALTH COUNTRIES TO TRINIDAD AND TOBAGO FOR ASSISTANCE

23. Assistance to country in obtaining evidence.

(2) A person, from whom evidence is taken in Trinidad and Tobago pursuant to a request for assistance under this section by a Commonwealth country—

(a) may refuse to answer any question if—
(i) the refusal is based on the laws of Trinidad and Tobago;
(ii) to answer the question would constitute a breach of a privilege recognised by the laws of the Commonwealth country; or
(iii) to answer the question would constitute the commission by the person of an offence against the laws of the Commonwealth country; and

(b) shall not be compelled to give evidence for the purposes of, or in connection with, any criminal proceedings other than those to which the request relates.

RELEVANT ROME STATUTE PROVISIONS

Article 55
Rights of persons during an investigation
2. Where there are grounds to believe that a person has committed a crime within the jurisdiction of the Court and that person is about to be questioned either by the Prosecutor, or by national authorities pursuant to a request made under Part 9, that person shall also have the following rights of which he or she shall be informed prior to being questioned:
(b) To remain silent, without such silence being a consideration in the determination of guilt or innocence