Right to silence

The right to silence is a human right arisen from the privilege against self- incrimination, which is inherent in the right to a fair trial and thus the right of defense. In today's criminal procedure law, which aims to reach the material truth with respecting fundamental rights and liberties, the burden of proof is on the prosecution. Individuals who are presumed to be innocent until the final judgement are not under the duty to contribute actively to the case against themselves and to vindicate themselves. However, in order to provide that criminal procedure runs healthily and reaches results, individuals are expected to endure certain transactions and measures which constitute interference with fundamental rights. At that point, the right to silence constitutes a limit to the duty to endure and comes up also as an evidence prohibition. This study aims for approaching the right to silence in a broad perspective with its conceptual structure, its history, its place in the comparative law, its scope in regard to person, subject, time and place. Instances of violation of the right to silence and their consequences are also included within the scope of interrogation procedure and evidence law.