There are certain situations in which you, as a witness, have the right not to testify and you may refuse to answer certain questions.
Testimony against yourself or a family member
You have the right to refuse to testify against yourself or your family members. If you are forced to testify against yourself or your family, it may violate your right to a fair trial or the right to family life.
example If you have been involved in the commission of a crime and you are, or may be accused of it, you can refuse to testify if the answers to the questions would force you to incriminate yourself. Similarly, you can refuse to testify if your answers would incriminate a family member.
Professional secrets
In addition, you cannot be forced testify or to hand in your personal notes if you are either a member of the clergy, a defence lawyer or an interpreter. This prohibition only relates to the information which you have received while fulfilling your professional duties. For example:
- As a member of the clergy you can refuse to reveal information that you have found out during a confession.
- As a defence lawyer, doctor, social worker, psychologist or any other person you cannot testify about information which have come to your knowledge in the exercise of your profession, provided that you under a duty to keep secret what has come to your knowledge in the exercise of your profession.
- As an editor, journalist or author of an article you cannot testify about information that would disclose of the source of the information, unless disclosure is necessary to prevent an imminent danger to human life or health or to prevent the commission of a criminal offence punishable by a term of imprisonment of three years or more and some other criminal offences, prescribed by the law.
Private life
Your right to a private life, which is a human right, also has to be protected while giving your testimony. The official who questions you cannot ask you to reveal details about your private life which are not justified and necessary for the case. If that happens during the pre-trial investigation, you should file a complaint to the investigative judge. If that happens in the courtroom, you should ask the court to strike out questions which you think are violating the secrecy of your private life.