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,