Cubalex, 24 December 2020 — A person’s right not to be subject to torture and other forms of treatment is connected with the right not to be required to self-incriminate or to confess guilt. This right extends to any form of exercise of duress.
Rights before and during interrogation
To be informed of the basis upon which one is considered to have committed an offence covered by the criminal code (section f, Art. 95 of the Constitution).
To remain silent, without such silence being construed as a determinant of one’s innocence or guilt.
To be advised that anything that the accused may say may be taken down and used as evidence.
That a spouse, partner or relative extending as far as the fourth degree of consanguinity and second degree of affinity; (section e, Art. 95 of the Constitution) may not give evidence against them.
The right to a lawyer of their choice, or officially provided without charge, and to be questioned in their presence, unless they have previously rejected such assistance (section b, Art 95 of the Constitution).
To enjoy the assistance of an interpreter.
That all persons present at an interrogation shall be identified.
That a true and complete record is to be kept of any interrogation, preferably in audio and video form.
The right to medical examination and services.
Translated by GH