حقوق متهم و فرد بازداشت‌شده در برابر فشار و اعتراف اجباری؛ هنگام امضای اسناد چه باید کرد؟

The Rights of an Accused or Detained Person Facing Pressure and Forced Confessions

When a person is pressured to sign a statement during interrogation, judicial investigation or court proceedings, it is important to distinguish between these situations. If something is signed during questioning by the police or security forces, it can be denied later. However, if it is signed before a judicial authority, it cannot be denied.

The first thing a person needs to understand is where they are and who they are appearing before.

If someone tells them, “Sign this for me,” they should ask who that person is. Usually, detainees are taken somewhere blindfolded, and then their blindfolds are suddenly removed.

If the person conducting the questioning is an investigating judge, they should introduce themselves. If they do not, the detainee should ask:

“Please introduce yourself. Are you the investigating judge? Are you a judge?”

They can also address the person respectfully as “Your Honour.”

There is nothing wrong with that. What matters is knowing who the person is appearing before and what they are being asked to sign.

After that, it is usually possible to refuse to sign by resisting the pressure.

From a legal perspective, when you sign a document, you are effectively accepting what is written above your signature.

However, because a person may sometimes sign something in order to protect themselves, they should raise this issue immediately when they appear before an investigating judge or a judge in court.

The first opportunity to raise it is when they are asked, for example:

“Did you say this?”

They should respond:

“I did not say this. I was under pressure, and that is why I signed it or did what I did.”

At the same time, it is very important to consider whether what you sign is consistent with the other available evidence and circumstances.

If it is not consistent, whether you sign it or not, the authorities may obtain your signature simply to satisfy themselves.

If your signed statement is consistent with the evidence and circumstances, naturally, it becomes difficult to challenge it.

But if it is not consistent, it is possible to argue that the statement was signed despite being unrelated to the facts.

When a statement is completely unrelated, signing it may not create significant consequences, and it can be challenged in court.

You can argue that the statement does not match the course of the interrogation, the other available evidence and circumstances, the accusation, or the person's conduct and activities.

It may not be consistent with their age or activities. They may not have had the ability to carry out the alleged act, or they may not even have been present at the location.

There may be many other similar arguments.

However, when the statement is not unrelated and is closer to the available evidence, you can act in a way that ultimately allows you to defend yourself.

For example, you may have carried out an activity that you believe was not a violation, while the system considers it a violation or a crime.

If you want to protect yourself, you must not sign anything without reading it carefully.

You may face pressure.

You should remember that this period will eventually end and that they cannot keep a person there forever.

Although it is difficult, and I understand that, you must still be careful about what you sign.

Even if you decide to sign, you can say:

“I can sign this, but please allow me to write one or two points myself.”

For example, you can write:

“I do not accept this part, but I accept this part.”

You can correct part of the statement and, in this way, leave room for your defence.

It is important to preserve this opportunity for yourself.

You can also write:

“I do not accept this accusation.”

Or:

“I have not done anything wrong.”

You can add such statements to the document.

I know that the interrogator may return and apply pressure again.

Even if they return three hundred times, you should not give in.

When a single signature may expose someone to the death penalty or a long prison sentence, they must be more careful than ever about what they sign.