The Right of Silence and Privilege against Self-Incrimination in Criminal Proceedings: An Appraisal of the Ethiopian Legal Framework

Abstract

Individuals can, theoretically, lead their lives without ever having to
declare any kind of information or testimony to any other person or
institution. However, there are a number of occasions whereby they may
be lawfully required to provide information or testimony to a state. One
such situation is during a criminal proceeding. In view of that, anyone
suspected or accused of crime may be confronted with state authorities
and thus may be questioned as to an alleged crime. Yet, persons
suspected or accused of an alleged crime are entitled to certain minimum
basic guarantees during criminal proceedings. Two such guarantees are
the right of silence and the privilege against self-incrimination. The
precise reach of the right to silence and the privilege against selfincrimination in criminal proceedings is both unclear and thorny. This
article examines what they mean according to international standards. It
primarily appraises the Ethiopian legal framework relating to such rights
in light of the experiences of different countries of various legal
traditions and some major international and regional human rights
instruments.