13. The person should also be told of his or her right not to be compelled to testify against
him or herself or to confess guilt. Where a person (or his or her lawyer) has indicated
that the personhe or she wishes to exercise the right to silence, no further questioning
should take place.
Commentary
Article 14(3)(g) of the ICCPR provides that no person shall be compelled to testify against
him or herself or to confess guilt. It follows from this that interrogation should cease if the
person indicates that he or she wishes to exercise this right.
14. Every interrogated person should, before any interrogation begins, be told (in a manner
that is understandable to him or her) of his or her right to consult a lawyer of his or her
choice without delay and in private.
15. Those who are arrested or detained should be told of their right to consult a lawyer at
the time of arrest or detention. All detainees should also be given the right forthwith to
challenge the lawfulness and conditions of their detention.
16. Officials have an obligation to facilitate contact with a lawyer of choice, for example
by providing a list of available lawyers, access to a telephone and reasonable
conditions of privacy for any consultation.
17. The provision of a lawyer should be free of charge if the person does not have the
means to pay for his or her services and the person should be told (before any
interrogation begins) that a lawyer can be provided at no cost in such circumstances.
18. Where a person has indicated a wish to consult a lawyer no further questioning should
take place until that consultation has taken place.
by the Economic and Social Council by its resolution 663C (XXIV) of 31 July 1957 and 2076 (LXII) of 13 May
1977.
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