The privilege against self-incrimination

One of the most controversial and complicated aspects of the right to a fair trial is the privilege against self-incrimination. It means that nobody should be compelled to provide information of their guilt in an active manner. Several types of proper violations can be identified, ranging from forms of improper compulsion to not notifying an accused of their right to remain silent. The right to a lawyer is often assessed in combination with the privilege, although the rights are separate. This is because restrictions on the right to legal assistance may increase the impact of a violation. However, the privilege is not absolute. According to the Court, only violations which extinguish the very essence of the privilege amount to violations of Article 6. Depending on the type of potential violation, the Court would adopt different assessment models such as the Salduz test. The overall impact of a breach is to be determined using the Ibrahim criteria, which are based on the Court’s previous case law.