Rights during investigation - remain silent

Iraq

Iraq - Criminal Procedure Code 1971 (2010) EN

Book 2: Investigation of Offences, Collection of Evidence and Initial Investigation
SECTION 5 - METHODS OR COMPULSION TO ATTEND
Chapter 5: Questioning of the Accused 123-129
Article 126


A. The accused does not swear the oath unless acting as a witness for other accused persons.


B. The accused is not required to answer any of the questions he is asked.

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;