The Disappearing Trial 120. Based on the safeguards set out in the previous section which have been identified through the research, it is evident that the articulation of procedural safeguards which contribute to protection of the right to a fair trial could also be of benefit within trial waiver systems. Article 14(3)(g) of the ICCPR, for example, protects the right not to be compelled to testify against oneself or to confess guilt. This includes the right for defendants to be free from “any direct or indirect physical or undue psychological pressure from the investigating authorities on the accused, with a view to obtaining a confession of guilt,”114 What constitutes psychological pressure or duress sufficient to violate this principle has not yet been established, however. 121.  Jurisprudence and guidance from regional human rights mechanisms, such as the ECtHR, which have developed standards in relation to safeguards for defendants’ waiver of rights in criminal proceedings, will have relevance in the context of trial waiver systems. For example, the ECtHR has held that in order to be effective for ECHR purposes, a waiver must be unequivocal and attended by safeguards commensurate to its importance.115 This means in part that “[b]efore an accused can be said to have… waived an important right under Article 6, it must be shown that he could reasonably have foreseen what the consequences of his conduct would be”.116 When it has examined whether waivers of the right to silence are made willingly and knowingly, for example, the ECtHR has considered factors such as whether a lawyer is present117 and whether the accused has had sufficient information on his rights presented to him in simple, non-legalistic language, with the assistance of interpretation and translation if necessary.118 It has considered whether the accused had particular vulnerabilities, such as withdrawing from drugs119 or having low levels of literacy,120 which may have made it harder for the accused to understand and foresee the consequences of their waiver. These general safeguards necessary for waivers of fair trial rights should also apply to trial waiver systems. 122.  There have been some attempts to start the development of a normative framework applicable to trial waiver systems. The United Nations Office on Drugs and Crime (UNODC), together with the International Association of Prosecutors (IAP), in 2014 produced a guide called “The Status and Role of Prosecutors” which contains some guidance for prosecutors on the proper use of their discretion in what they term “plea bargaining”.121 The U.N. Special Rapporteur on Torture, interpreting the Convention Against Torture,122 has warned against inducements or “promises of immunity or lighter sentences in exchange for confessions…These methods are improper because they ultimately deprive a person of his or her freedom of decision.”123 The U.N. Guidelines on the Role of Prosecutors provides that “The office of prosecutors shall be strictly separated from judicial functions.”124 Other U.N. guidelines have recognised the need for “special protection for all detained persons, who, during questioning, must not be subjected to violence, threats or practices that impair their capacity of decision or their judgment or force them to confess, incriminate themselves or testify against another person.”125 However, taken together these do not yet point towards a systematic approach to the protection of human rights in trial waiver systems. 114. “General Comment No. 32: Article 14: Right to equality before courts and tribunals and to a fair trial”, UN Human Rights Committee (HRC), CCPR/C/GC/32 (Aug. 23, 2007). Available at: http://www.refworld.org/docid/478b2b2f2.html. 115. Pishchalnikov v. Russia, App. No. 7025/04 (Sept. 24, 2009), para. 77. 116. Ibid. 117. Ibid, para. 78. 118. Hermi v. Italy, App. No. 18114/02 (Oct. 18, 2006), para. 41. 119. Plonka v. Poland, App. No. 20310/02 (Mar. 31, 2009), para. 38. 120. Kaciu and Kotorri v. Albania, App. Nos. 33192/07 and 33194/07 (Dec. 9, 2013), para. 120. 121. “The Status and Role of Prosecutors”, UNODC and IAP (Dec. 2014), p. 43. Available at: https://www.unodc.org/documents/justice-and-prison-reform/14-07304_ ebook.pdf. 122. “Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment”, UN General Assembly, Treaty Series, Vol. 1465 (Dec. 10, 1984). Available at: http://www.refworld.org/docid/3ae6b3a94.html. 123. “Interim report of the Special Rapporteur on torture”, UNGA, A/71/298, supra at n. 113, para. 40. 124. “Guidelines on the Role of Prosecutors: Adopted by the Eighth United Nations Congress on the Prevention of Crime and Treatment of Offenders, Havana, Cuba”, UN Human Rights, Office of the High Commissioner (Sept. 1990), para. 10. Available at: http://www.ohchr.org/EN/ProfessionalInterest/Pages/RoleOfProsecutors.aspx. 125. “Interim report of the Special Rapporteur on torture”, UNGA, A/71/298, supra at n. 113, para. 37. 63.