Rights during investigation - self incrimination

Trinidad and Tobago

Mutual Assistance in Criminal Matters Act

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.

The Constitution of the Republic of Trinidad and Tobago

CHAPTER 1
THE RECOGNITION AND PROTECTION OF FUNDAMENTAL HUMAN RIGHTS AND FREEDOMS

PART I
RIGHTS ENSHRINED

5. Protection of rights and freedoms

(2) (d) authorise a Court, tribunal, commission, board or other authority to compel a person to give evidence unless he is afforded protection against self-incrimination and, where necessary to ensure such protection, the right to legal representation;

Rome Statute

Article 55 Rights of persons during an investigation

1. In respect of an investigation under this Statute, a person:

(a) Shall not be compelled to incriminate himself or herself or to confess guilt;