'Rights during investigation - remain silent' in document 'South Africa: Constitution'

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RELEVANT SECTIONS OF THE IMPLEMENTING LEGISLATION

Chapter 2
Bill of Rights (ss 7-39)

35 Arrested, detained and accused persons

(1) Everyone who is arrested for allegedly committing an offence has the right-

(a) to remain silent;

(b) to be informed promptly-
(i) of the right to remain silent; and
(ii) of the consequences of not remaining silent;

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