Practice Relating to Rule 100. Fair Trial Guarantees
Section J. Compelling accused persons to testify against themselves or to confess guilt
Peru’s IHL Manual (2004) states that a person charged with a criminal offence under international humanitarian law must be provided with certain guarantees, including: “no obligation to plead guilty”.
Peru’s IHL and Human Rights Manual (2010) states that a person charged with a criminal offence under international humanitarian law must be provided with certain guarantees, including: “No obligation to plead guilty.”
Peru’s New Code of Criminal Procedure (2004) states: “No person shall be compelled or induced to confess guilt, or testify against him- or herself”.
Peru’s Code of Military and Police Justice (2006) states:
No one shall be forced to testify against him- or herself. The exercise of this right shall not be construed to mean admission of facts or indication of guilt.
The adoption of any measure aimed at making the accused testify against him- or herself or at weakening his or her will shall be prohibited. Any admission of facts or any confession must be made freely and must be based on express consent.
The Code also states:
Any accused shall benefit from the judicial guarantees necessary for his or her defence; the police, prosecutor and judges shall have the duty to inform the accused of the following rights immediately and in a way he or she understands:
2. [The right] to remain silent without this implying a presumption of guilt.
7. Not to be subject to techniques or methods that induce or alter the accused’s free will, or any measures against his or her dignity.
Peru’s Military and Police Criminal Code (2010), which includes provisions on crimes under international humanitarian law, states in a chapter entitled “Procedural principles and guarantees”:
Article 147.- Right to non-self-incrimination
No member of the military or the police shall be obliged to make a statement against him- or herself. The exercise of this right may not be taken as admitting to have committed the alleged acts or as indicating responsibility.
It remains prohibited to adopt any measure designed to compel the accused to testify against him- or herself or against their will. Any admission of acts or confession must be made freely and spontaneously and with express consent.
In a chapter entitled “The accused”, the Code states:
The police, the prosecutor and the judges must inform the accused immediately and comprehensively of the following rights in order to ensure that he or she benefits from the safeguards essential for his or her defence:
2. To remain silent without this implying a presumption of guilt.