Self-Incrimination and the European Court of Human Rights: Procedural Issues in the Enforcement of the Right to Silence

Authors

Mark Berger, University of Missouri - Kansas City, School of LawFollow

Publication Date

2007

Document Type

Article

Abstract

This article provides an analysis of the procedural aspects of the right to silence falling within Art. 6 of the European Convention on Human Rights. The author examines the jurisprudence of the European Court of Human Rights under the following areas: overview, appearance to answer questions, a demand for documents, false responses, warnings and adverse inferences. The subject is discussed at investigation stage, just prior to and during civil and criminal proceedings. The piece concludes with summaries of the jurisprudence in these varying circumstances.

Publication Title

European Human Rights Law Review

Issue

5

Recommended Citation

Mark Berger, Self-Incrimination and the European Court of Human Rights: Procedural Issues in the Enforcement of the Right to Silence, European Human Rights Law Review 514 (2007).
Available at: https://irlaw.umkc.edu/faculty_works/39