345. Right not to incriminate oneself and to remain silent.

Although not expressly referred to in Article 61 the right not to incriminate oneself and to remain silent are generally recognised international standards which lie at the heart of fair procedure2. Their rationale lies in the protection of a defendant from improper compulsion by the authorities which may result in miscarriages of justice3. Freedom from self-incrimination is therefore primarily concerned with respecting the will of a defendant to remain silent and does not cover material which may be compulsorily obtained but which has an existence independent of the defendant's will, such as documents acquired pursuant to a warrant; breath,