Practice Relating to Rule 100. Fair Trial Guarantees
Section J. Compelling accused persons to testify against themselves or to confess guilt
Guatemala’s Law on the Protection of Childhood and Adolescence (2003) states: “Right to refrain from testifying.
No adolescent may be obliged to testify against him- or herself.”
In 2003, in its fourth periodic report to the Committee against Torture, Guatemala stated:
The procedure for taking a statement from or interrogating the accused is clearly defined in the Code of Criminal Procedure (Decree No. 51-92), articles 81, 85, 86, 87, 88 and 90. Attention is drawn to the contents of article 85, according to which:
The accused shall not be placed under oath, but simply warned to speak the truth. He shall not be subjected to any form of coercion, threat or promise, except in the form of warnings as explicitly authorized under criminal or procedural law. No measures shall be used to compel, induce or oblige him to make a statement against his will and no charges or counterclaims shall be brought with the aim of obtaining a confession.