53. Proper custody records must also be taken.370 The UN Special Rapporteur on
Torture also recommends that ‘all interrogation sessions should be recorded
and preferably video-recorded, and the identity of all persons present should
be included in the records’, with evidence from interrogations that have been
recorded excluded from court.371 Other human rights bodies have required that
individuals only be interrogated in the presence of the lawyer. 372
54. As far as interrogation techniques are concerned, international human rights
law has identified the following practices to be in violation of the absolute
protection from torture, inhuman or degrading treatment and punishment:373
‘Stress and duress techniques’, such as prolonged standing or kneeling,
hooding, blindfolding with spray-painted goggles, 24-hour lighting, and also
the keeping of detainees in painful or awkward positions.374
Suspending someone from their arms;
Rape;
Deprivation of the natural senses, such as sight or hearing, or of his
awareness of place and the passing of time;
Methods of interrogation which impair his or her decision-making capacity
or judgment;
Mock executions;
Thumb presses;
Immersion in blood, urine, vomit and/or excrement;
Immersion in water;
Medical experimentation that may be detrimental to his or her health;
Electric shocks;
Mock amputations;
Forced to remain naked;
Threats to family;
Deliberate destruction of homes and communities;
Sleep deprivation;
Hooding;
Wall standing;
Use of noise;
Deprivation of food and water;
Humiliation;
370
Human Rights Committee, General Comment No.20, 44th Session (1992), para 11; before European
Court, see Cakici v Turkey, Judgment 8 July 1999, para 104.
371 Report of the Special Rapporteur on Torture, UN Doc.A/56/156, July 2001, para 39(f).
372 Inter-American Commission on Human Rights, OEA/Ser.L/V/11.62, doc.10, rev.3, 1983, at 100.
373 These are examples only. This is not a finite list. See also Committee Against Torture, Conclusions
and Recommendations: USA, 15 May 2000, UN Doc.A/55/44, para 180(c). UN Standard Minimum
Rules on the Treatment of Prisoners. See also African Commission, Communications Nos. 25/89,
47/90, 56/91 and 100/93, World Organisation against Torture and Others v. Zaire, 4 April 1996, para.
65; Communications Nos. 64/92 et al, Krishna Achuthan and Amnesty International (on behalf of Aleke
Banda and Orton and Vera Chirwa) v. Malawi, O27 April 1994, para. 33.
374 Report of the Special Rapporteur on the question of torture and other cruel, inhuman or degrading
treatment or punishment, E/CN.4/2004/56/Add.1, at para. 1813.
75
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