Chapter 7 • The Right to a Fair Trial: Part II – From Trial to Final Judgement An accused person has the right to be present at his or her trial. Trials in absentia may be acceptable in special circumstances but must preserve the rights of an effective defence. Once an accused who has not wilfully tried to avoid justice is aware of the proceedings, he or she should be entitled to a new determination of the merits of the charge. 3.7 The right not to be compelled to testify against oneself or to confess guilt The prohibition on self-incrimination was dealt with in subsection 6.5 of Chapter 6 in view of its specific importance during criminal investigations. However, the right not to be compelled to testify against oneself does of course remain equally valid throughout the judicial proceedings. It is recalled that article 14(3)(g) of the International Covenant provides that “in the determination of any criminal charge against him”, every person has the right “not to be compelled to testify against himself or to confess guilt”. According to article 8(2)(g) of the American Convention, everyone has “the right not to be compelled to be a witness against himself or to plead guilty”, and article 8(3) further specifies that “a confession of guilt by the accused shall be valid only if it is made without coercion of any kind”. While the African Charter and the European Convention contain no similar provision, both article 55(1)(a) of the Statute of the International Criminal Court and articles 20(4)(g) and 21(4)(g) of the respective Statutes of the International Criminal Tribunals for Rwanda and the former Yugoslavia contain protection against self-incrimination. ***** In its General Comment No. 13 on article 14 of the International Covenant, the Human Rights Committee stated that, in considering this safeguard contained in subparagraph (3)(g), articles 7 and 10(1) of the Covenant “should be borne in mind”,141 these articles respectively outlawing torture and other cruel, inhuman or degrading treatment and stipulating that “all persons deprived of their liberty shall be treated with humanity and with respect for the inherent dignity of the human person”. As emphasized by the Committee, “in order to compel the accused to confess or to testify against himself, frequently methods which violate these provisions are used. The law should”, however, “require that evidence provided by means of such methods or any other form of compulsion is wholly unacceptable”.142 Moreover, “judges should have authority to consider any allegations made of violations of the rights of the accused during any stage of the prosecution”.143 It is recalled in this respect that Guideline 16 of the Guidelines on the Role of Prosecutors also provides that prosecutors shall refuse evidence that has been obtained by recourse to unlawful methods.144 141 United Nations Compilation of General Comments, p. 125, para. 14. 142 Ibid., loc. cit. 143 Ibid., para. 15. 144 See Principle 16 quoted in extenso in Chapter 6 above, subsection 6.2. 282 Human Rights in the Administration of Justice: A Manual on Human Rights for Judges, Prosecutors and Lawyers