Torture, ill-treatment and coercion during interviews/ Universal protocol for non-coercive, ethically sound, evidence-based and empirically founded interviewing practices 2016, para. 72
Paragraph
Paragraph text
Where a person waives the right to counsel, means of verification should be employed to ensure that he or she received clear and sufficient information about the content of the right and the potential consequence of a waiver and to establish that the waiver was voluntary and unequivocal (see the United Nations Principles and Guidelines on Access to Legal Aid in Criminal Justice Systems). When a person invoked the right to assistance of counsel during questioning, a waiver cannot be established by evidence that he or she responded to further questioning in the absence of counsel, even if formerly advised of his or her right to remain silent. In such situations, the interview cannot continue until the assistance of counsel is actualized, unless the interviewee initiates further communication with interviewers (see European Court of Human Rights, Pishchalnikov v. Russia).
Legal status
Non-negotiated soft law
Body
Special Rapporteur on torture and other cruel, inhuman or degrading treatment or punishment