"there can be no doubt that the right to remain silent under police questioning and the privilege against self-incrimination are generally recognised international standards which lie at the heart of the notion of a fair procedure"
The case concerns a claim that it was injust to make inferences as to the guilt of the appellant based on their choice to remain silent before the police and court. This appeal under Art.6 ECHR failed (though a claim of preventing access to an attorney succeeded). The court finding that there was no undue inference made, that any inferences as to guilt that had arisen out of the defendants failure to break silence were allowable.
I'm not sure this really helps so much as it seems as it appears to allow the [partial] curtailment of presumption of innocence.
It's interesting that the article conflates right to silence and self-incrimination, I thought they were kept separate. It mentions the exception for encryption but doesn't mention any exception for safe codes which is what my line of thinking was based on. That being said, I can't find a reference to that either...
The case concerns a claim that it was injust to make inferences as to the guilt of the appellant based on their choice to remain silent before the police and court. This appeal under Art.6 ECHR failed (though a claim of preventing access to an attorney succeeded). The court finding that there was no undue inference made, that any inferences as to guilt that had arisen out of the defendants failure to break silence were allowable.
I'm not sure this really helps so much as it seems as it appears to allow the [partial] curtailment of presumption of innocence.