Chapter v  Right to be Presumed Innocent and Privilege against Self-Incrimination 105 checklist: Right to be presumed innocent and right to silence 1. Has the defendant enjoyed the right to be presumed innocent until proved guilty at all stages of criminal proceedings, from the time of being charged up to final conviction? a) Has the court predetermined the guilt or innocence of the defendant? If yes, in which ways? b) Has guilt beyond a reasonable doubt been proved by the prosecution, except to the extent that presumptions of law or fact are permissible? c) Has the defendant been treated in a way such as to indicate that s/he is guilty? Has the defendant been shackled or kept in a cage during the hearing? Has the defendant been compelled to wear a prison uniform? Have such measures been used and motivated by judicial authorities on the basis of security reasons, for instance that the defendant might abscond or cause injury or damage? d) Has the media undertaken news coverage that undermines the presumption of innocence? e) Have public authorities made public statements that undermine the presumption of innocence? f) Have violations of the presumption of innocence been rectified through subsequent judicial proceedings? 2. Has the defendant enjoyed her/his right to silence? a) Did the judge explain to the defendant her/his right not to testify against her/himself, her/his spouse or other relative? b) Has the defendant been compelled to give testimony in court? c) Have statements made by the defendant under legal compulsion been admitted into evidence? d) Has the prosecution or court sought to draw any adverse inferences from the exercise by the defendant of her/his right to silence? If so, was the defendant warned that this would be the case and given the opportunity to answer? e) Have any forms of physical or psychological coercion of the defendant been used by the investigating authorities with a view to obtaining a confession of guilt? f ) Has the right to silence been undermined by the authorities by use of subterfuge to elicit from the defendant confessions or other statements of an incriminatory nature? g) Are they any reasons to suspect that the way plea agreement was administered has impinged upon the right of the defendant not to incriminate her/himself?