A/HRC/7/3/Add.1
page 91
Para
Country
Date
Type
Mandate
Allegations transmitted
Government response
adoption of a confession is subject to the
discretion of the judge. The judge decides whether
he is convinced with the confession as a reliable
evidence for conviction, or to disregard it if there is
a legal justification. The judge’s competence to
assess the value of a confession entails as well
his competence to interpret it, define its
significance and explore its motives. This principle
applies whether the confession was judicial or
non-judicial, whether it took place in the process
of factual investigation, interrogation or even
before a normal person. The judge does not rely
on a confession if he is not convinced with it even
in the case of the accused person insists on his
confession. In such a case the judge may issue an
acquittal and clarify in the causation why he did
not take the confession into consideration. If it is
proved that the confession was made under
duress or coercion, it should be considered as
invalid. But this does not prevent the court from
taking other evidence to prove the accusation. In
this respect, it is worthy to mention that the court
judgment against the suspects took into
consideration all the circumstances related to the
facts according to the satisfaction of the court
based upon the papers of the case, the
investigations, the court sessions and the related
hearings of witnesses and the written and verbal
pleadings of the defence in order to clarify the
facts, the elements of the crime and the provisions
of the law applicable thereon. The courts
considered, scrutinized and analyzed all the
evidence of the crime including the related
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