Rights during investigation - self incrimination

Namibia

Constitution of the Republic of Namibia

CHAPTER 3
FUNDAMENTAL HUMAN RIGHTS AND FREEDOMS

Article 12
Fair Trial

(1) (f) No persons shall be compelled to give testimony against themselves or their spouses, who shall include partners in a marriage by customary law, and no Court shall admit in evidence against such persons testimony which has been obtained from such persons in violation of Article 8(2)(b) hereof.

Criminal Procedure Act, 2004

CHAPTER 29
WITNESSES

Privileges of accused when giving evidence

222. An accused who gives evidence at criminal proceedings may not be asked or required to answer any question tending to show that the accused has committed or has been convicted of or has been charged with any offence other than the offence with which he or she is charged, or that the accused is of bad character, unless -

(a) the accused or his or her legal practitioner asks any question of any witness with a view to establishing his or her own good character or the accused himself or herself gives evidence of his or her own good character, or the nature or conduct of the defence is such as to involve imputation of the character of the complainant or any other witness for the prosecution ;
(b) the accused gives evidence against any other person charged with the same offence or an offence in respect of the same facts ; or
(c) the proof that the accused has committed or has been convicted of such other offence is admissible evidence to show that the accused has committed the offence with which he or she is charged.

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;