Rights during investigation - remain silent

Afghanistan

Afghanistan - Criminal Procedure Code 2014 EN

Chapter 2 Rights of the Victim, Plaintiff, Suspect, Accused and Defendant

Rights of Suspect, Accused Person and Defendant during Different Legal Prosecution Stages

Article 7:

Suspects, accused persons, and defendants are entitled to the following rights during the legal prosecution stages:

7– To remain silent and refuse to make any comments.

Section 2 Criminal Case

Chapter 10 Investigation of Crime

Right of the Accused Person to Remain Silent

Article 150:

(1) The accused person may remain silent in response to any question being asked. In case of silence and refusal to answer, the details are logged in to the registry.

(2) Silence of the accused person is not considered his/her statement.

(3) Statement, confession, and testimony taken from the accused person or the witnesses by lure, threat, dismay or coercion are not valid.

Afghanistan - Military Criminal Procedure Code 2010 EN

Chapter 1 General Provisions

Article 14.
Rights of the Accused

(1) Before taking any action, persons in charge of discovery, investigation and trial are required to inform the suspect or the accused of the following rights:

1. Right to remain silent;

Chapter 3 Investigations

Article 21.
Investigation by Military Prosecutor

(b) Interrogation must be conducted in the presence of the accused’s defense counsel, and the accused has the right to remain silent.

Rome Statute

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;