Section 11: ContinuationReasons for

Constitutional Safeguards

•A criminal case, an unequal contest.•Criminal accusation, a very serious matter.•Protection of the innocent, the under- lying purpose.

A criminal case, an unequal

contest.Every criminal case is between an individual and the government

Criminal accusation, a very serious matter.

The government formally accuses a man for having

committed a crime.

Protection of the innocent, the

underlying purpose.

To assure that the truth will be

discovered and that justice will be done

Right to free access to the courts and

quasi-judicial bodies

Right to Adequate Legal Assistance

The state has the constitutional duty to

provide free and adequate legal

assistance to citizens when by reason of

indigence or lack of financial means.

Section 12:

(1) Any person under investigation for the commission of an offense shall have the right to be informed of his right to remain silent and to have competent and independent counsel preferably of his own choice. If a person cannot afford the services of the counsel, he must be provided with one. These rights cannot be waived except in writing and in the presence of counsel.

(2) No torture, force, violence, threat, intimidation or any other means which vitiate the free will shall be used against him. Secret detention places, solitary, incommunicado, or other similar forms of detention are prohibited.

(3) Any confession or admission obtained in violation of this or Section 17 hereof shall be inadmissible in evidence against him.

(4) The law shall provide for penal and civil sanctions for violations of this section as well as compensation to and rehabilitation of victims of torture or similar practices and their families.

Right of person under investigation:

1. to be informed of his right to remain silent

2. To have competent and independent counsel

preferably his own choice or to be provided with

one

Right of person under investigation:

3. Against the use of torture, force, violence,

threat, intimidation or any other means which vitiates

the free will; and4. Against being held in

secret, solitary, incommunicado or other

similar forms of detention.

Effect of Violation of

rights

When Rights can be invoked.

WAIVER OF RIGHT OF SILENCE AND TO COUNSEL.