A Comparative Analysis of the Case Law of the European Court of Human Rights on the Right against Self-Incrimination

Abstract

The right against self-incrimination can be understood as the right of all persons to remain silent and not to be forced to collaborate with an investigation against them. Despite of its fundamental importance, the right against self-incrimination raises several theoretical and practical discussions. Can defendants refuse to produce documentary evidence? Does this right apply to administrative and civil proceedings? What degree of coercion is necessary to trigger the application of this right? This article aims to analyse the evolution and current state of the case law of the European Court of Human Rights in order to elucidate how the European court has resolved the questions posed above.