African Commission on Human and Peoples’ Rights iii. The right to a medical examination, with the results of each examination recorded in a separate medical file, access to which is governed by the normal rules on medical confidentiality. iv. The presence and the services of an interpreter, and access to accessible formats, if the arrested person does not understand and speak the language in which the questioning will take place or has a disability. b. The right of persons undergoing questioning to remain silent shall be respected at all times. It shall be prohibited to take undue advantage of the situation of a detained person for the purpose of compelling or inducing him or her to confess, to incriminate himself or herself, or to testify against another person. c. No detained person while being questioned shall be subject to torture or other ill-treatment, such as violence, threats, intimidation or methods of questioning which impair his or her capacity of decision or his or her judgment. d. Confessions should only be taken in the presence of a judicial officer or other officer of the court who is independent of the investigating authority. The burden of proof lies with the prosecution to prove that confessions were obtained without duress, intimidation or inducements. Confessions by children are to be recorded in the presence of a judicial officer, and their parent, guardian or independent advocate, lawyer or other legal services provider. e. The following information about every questioning session shall be recorded by the authority carrying out the questioning: i. The duration of any questioning session. ii. The intervals between questioning sessions. iii. The identity of any officials who conducted the questioning and of any other persons present. iv. Confirmation that the detained person was availed the opportunity to seek legal services prior to the questioning, was provided with a medical examination, and had access to an interpreter during questioning (including sign language for the hearing impaired) and any accommodations necessary to ensure the detainee’s understanding of and participation in the process were made. v. Details of any statements provided by the detained person, with verification from the detained person that the record accurately recounts the statement he or she provided. f. Detaining authorities shall maintain, and provide access to, an official custody register, in strict accordance with Part 4 of these Guidelines. g. States shall make provision for the audio and audiovisual recording of questioning sessions and the provision of confessions. \13