confession-oriented interrogation techniques and torture are only different means to the
same end, administrated by the police to confirm their belief of guilt. Although
manipulative confession-oriented techniques are less brutal than torture, the mindset of
interrogating detectives is none the less the same: the police are trying to solve their
(sometimes complex) tasks with a methodology designed to confirm their presumption
of guilt.
49. Police engage in such thinking because they believe it is the right thing to do. Not only
because our inherited and dominant thinking style forces us to believe that searching for
confirmative information is the smartest way of solving problems,32 but also because the
systems in which the agents are operating put a premium on confessions. The human
tendency (cognitive predisposition) to seek confirmation and criminal justice systems
that are encouraging their agents to do so are a perilous mixture, leading to wrongful
convictions33 and planting the seeds of torture.34
Dismantling the myth
50. In line with Méndez’ initiative for global guidelines to prevent harsh interrogations, it is
essential to address the widespread myth that torture and other coercive interrogation
tactics represent an efficient way of eliciting information and solving crime.35 One may
argue that the introduction of subtler, manipulative confession-oriented interrogation
techniques into the torture-prevention framework only dodges the problem and diverts
much needed focus.
51. However, if the Council of Europe were to address the dominant “crime fighting”
argument for traditional interrogation techniques by unveiling the myth of their
effectiveness, Europe would be in a unique position to introduce a sustainable
framework, which could benefit all States pursuing a more effective and professional
police force, including those in which torture no longer constitutes a serious threat.
52. Judges and prosecutors who are tacitly accepting that their police torture, coerce or
manipulate their suspects, do so because they believe in the myth of the effectiveness of
such practices. There are many reasons why actors within the criminal justice system
believe in this myth. Their lack of relevant, scientific knowledge is arguably a
dominant factor. Police and members of the judiciary receive limited (or no) training in
interpersonal communication theories, explaining why ethical and empathic
communication facilitates the flow of reliable information;36 or information about the
fact that memory is positively stimulated under these conditions.37 They equally do not
receive enough training to fully understand the impact coercion, manipulation, and even
leading questions may have on the reliability of information gathered during traditional
32 Daniel
Kahneman, Thinking, Fast and Slow, Farrar, Straus and Giroux, 2011; Ivar Fahsing and Karl Ask, “The
Making of an Expert Detective: The Role of Experience in English and Norwegian Officers’ Investigative Decision
Making. Psychology Crime and Law”, 2015, 22 (3), pp. 203-223.
33 Richard A. Leo, Police Interrogation and American Justice, Harvard University Press, 2008.
34 Darius Rejali, Torture and Democracy, Princeton University Press, 2007.
35 Fred E. Inbau et al., Criminal Interrogation and Confessions, 4th edition, Aspen Publishers, 2001;
36 Laurence J. Alison et al., “Why Tough Tactics Fail and Rapport Gets Results: Observing Rapport-Based
Interpersonal Techniques (ORBIT) to Generate Useful Information From Terrorists”, Psychology, Public Policy,
and Law, 2013 (19), pp. 411–431.
37 Shane O’Mara, Why Torture Doesn't Work: The Neuroscience of Interrogation, Harvard University Press,
2015.
15
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