paragraph 3(g), everyone shall, in the determination of
any criminal charge against him, be entitled not to be
compelled to testify against himself or to confess guilt.
This means that during criminal proceedings, neither
the prosecutor nor the judge nor anyone else may
threaten the accused or otherwise try to exert pressure
on him, so as to force him to testify against himself or
to confess guilt.
by Mr. Terán Jijón under duress were put, to see
to it that these documents are returned to him or
destroyed, and to ensure that similar violations
do not occur in the future.
9.
The Committee would appreciate
receiving information, within ninety days, from
the State party in respect of measures adopted
pursuant to the Committee’s Views.
It also would violate the principle of
objectivity and impartiality if such incidents were to
occur; it would further entail a violation of article 14,
paragraph 3(g) if testimony or a confession obtained
through compulsion n pre-trial interrogation were to
be introduced as evidence. Article 15 of the
Convention against Torture confirms this view by
prescribing that each State party shall ensure that any
statement which is found to have been made as a
result of torture shall not be introduced as evidence in
any judicial proceedings, except against an individual
accused of torture, as evidence that the statement
was made.
APPENDIX
Individual opinion submitted by Mr. Bertil
Wennergren,
pursuant to rule 94, paragraph 3, of the rules of
procedure,
concerning the Views of the Committee on
communication No. 277/1988,
Juan Terán Jijón v. Ecuador
I concur with the Committee’s Views with
the exception of the findings, in paragraph 5.4, on Mr.
Terán’s claim that he was forced to sign ten blank
sheets of paper during the interrogation that took place
when he was kept in incommunicado detention and
subjected to maltreatment. The Committee has
expressed the view, in paragraph 5.2, that the evidence
submitted is sufficiently compelling to justify the
conclusion that Mr. Terán Jijón was subjected to
treatment prohibited under article 7 of the Covenant,
and that he was not treated with respect for the
inherent dignity of his person (in violation of article
10, paragraph 1). However, the Committee found that
the element of signing ten blank sheets of paper did
not raise an issue under article 14, paragraph 3(g).
In that respect, I disagree.
Nevertheless, it is difficult to avoid that an
incrimination or confession, in spite of their not being
given any weight as evidence, case a shadow on the
accused. All attempts to compel a person to
incriminate him/herself or to confess guilt should thus
be prevented. It is not unusual that, as a method of
compulsion, an interrogator forces the accused to sign
blank papers, insinuating that incriminations or
confessions of crimes more serious than the ones he is
accused of, would be added. In so doing, the
interrogator of course violates articles 7 and 10,
paragraph 1, but, in my opinion, he also violates
article 14, paragraph 3(g). That conclusion follows my
conviction that no form of compulsion to make an
individual incriminate him/herself or to confess guilt,
can be accepted; this is so regardless of whether it is
an express incrimination or merely a hypothetical one.
There is always the risk that what has been signed or
recorded may exercise undue influence on the issue of
proof in the determination of criminal charges at a
subsequent stage.
I first note that the State party has not
addressed Mr. Terán’s allegation that he was forced to
sign these blank sheets. In the circumstances, there is
sufficient reason to believe that the allegation is based
on verifiable events. I therefore believe that the
Committee’s findings should have been made on the
basis of these facts as found. Pursuant to article 14,
79
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents