Daly, Yvonne Marie ORCID: 0000-0001-5654-665X, Pivaty, Anna ORCID: 0000-0003-2386-1017, Marchesi, Diletta ORCID: 0000-0002-8329-4280 and ter Vrugt, Peggy ORCID: 0000-0002-0224-9542 (2021) Human rights protections in drawing inferences from criminal suspects’ silence. Human Rights Law Review, 21 . pp. 696-723. ISSN 1461-7781
Abstract
ThisarticleshedscomparativeandcontextuallightonEuropeanandinternationalhuman rights debates around the privilege against self-incrimination and the right to silence. It does so through an examination of adverse inferences from criminal suspect’s silence in three European jurisdictions with differing procedural traditions: Ireland, Italy and the Netherlands. The article highlights the manner in which adverse inferences have come to be drawn at trial in the three jurisdictions, despite the existence of both European and domestic legal protections for the right to silence. It also explores differing approaches to the practical operation of inference-drawing procedures, including threshold requirements, varying evidential uses of silence and procedural safeguards. The authors argue that humanrights’standard-settinginstitutionsoughttoprovideclarityontheconditions under which adverse inferences may be tolerated, including the purpose(s) for which inferences may be used, and the necessary surrounding safeguards.
Metadata
Item Type: | Article (Published) |
---|---|
Refereed: | Yes |
Uncontrolled Keywords: | right to silence; privilege against self-incrimination; adverse inferences; procedural rights; Article 6 European Convention on Human Rights; EU Directive on the Presumption of Innocence |
Subjects: | Social Sciences > Law |
DCU Faculties and Centres: | DCU Faculties and Schools > Faculty of Humanities and Social Science > School of Law and Government |
Publisher: | Oxford University Press |
Official URL: | https://dx.doi.org/10.1093/hrlr/ngab006 |
Copyright Information: | © 2021 The Authors. Open access (CC-BY-NC 4.0) |
ID Code: | 27445 |
Deposited On: | 28 Jul 2022 10:10 by Thomas Murtagh . Last Modified 28 Jul 2022 10:10 |
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