The Right to Silence in Administrative Investigation under Iraqi Law: A Comparative Study

Abstract

This

research addresses the topic of "The Right to Silence in Administrative Investigation" as one of the problematic issues that have not been clearly settled in Iraqi legislation. The administrative investigation differs from the criminal investigation in terms of nature and procedures, which renders the application of the right to silence within its framework a subject of debate. This research has analyzed the legal concept of the right to silence, determined its nature, and whether it is an established right of the employee or merely a means of defense linked to the circumstances of the investigation. It then distinguished between it and related legal concepts such as the duty of confidentiality and the privilege against self-incrimination. The research also addressed the forms of exercising this right by the accused employee or the employee witness, as well as the administration's silence in rendering a decision after the conclusion of the investigation, and whether it is considered legitimate or a breach of its functional duty. The research touched upon the legal effects resulting from the exercise of silence and its impact on the conduct of the administrative investigation, defense guarantees, and procedural justice.