police outside the United Kingdom and is promoted by various international human
rights and torture prevention bodies.13
14. Other preventive measures, which are vital in combating police torture and ill-treatment,
but which for the sake of space will not be further described in this paper, include
monitoring of police work by independent mechanisms. 14 Furthermore, a clear
commitment by the highest authorities to fight impunity of perpetrators of police illtreatment is another crucial preventive measure.15
15. While certain safeguards and measures will be more effective and better suited to
eradicate particular forms of ill-treatment (e.g. investigative interviewing techniques
reduce the risk of police ill-treatment during questioning; identification requirements
and helmet cameras that are worn by police officers during arrests or crowd control
operations aim at preventing excessive use of force), only a holistic approach will lead
to lasting results. Indeed, practitioners in countries that have come a long way in
overcoming police ill-treatment, will often refer to a change of police culture or even a
change of culture within the criminal justice system as a whole, rather than single
safeguards that have made a difference. Safeguards are not “watertight” and can in
practice be circumvented,16 as long as police officers believe – and the police service
condones - that ill-treating apprehended persons and suspects is an acceptable or even
necessary and effective way of carrying out police work.
16. A change of police culture starts with competitive recruitment processes based on strict
selection criteria of officers; adequate remuneration of police officers, and a review of
performance indicators; initial and ongoing training in human rights standards and the
application of national norms and safeguards. What is even more important is
professional training in the proportionate use of force and investigative skills, such as
investigative interviewing; equipping the police with modern forensic tools; and strong
leadership within the police that supervises the observance of legal safeguards and
conveys a zero-tolerance policy vis-à-vis ill-treatment.
17. In addition, other actors of the criminal justice system, such as judges and prosecutors,
must support this institutional change, by inter alia insisting on alternative forms of
evidence than confessions. Further, judges should exclude without exception any
evidence that appears to have been extracted under duress. Finally, they could contribute
to change by routinely inquiring during custody hearings how persons have been treated
during apprehension and while in police custody.
In particular the UN Special Rapporteur on Torture, in his interim report (A/71/298, 5 August 2016) makes a
convincing case for the benefits of investigative interviewing and calls for the development of a universal
protocol identifying a set of standards for non-coercive interviewing methods and procedural safeguards. See
also, UN Human Rights Council, Torture and other cruel, inhuman or degrading treatment or punishment:
safeguards to prevent torture during police custody and pretrial detention, A/HRC/31/L.26/Rev.1, 23 March
2016, paras. 10-13; Report of the United Nations High Commissioner for Human Rights, Summary of the
discussions held during the seminar entitled “Exchanging national experiences and practices on the
implementation of effective safeguards to prevent torture and other cruel, inhuman or degrading treatment or
punishment during police custody and pretrial detention”, A/HRC/37/27, 26 December 2017, paras. 17 ff.
14 These mechanisms should be endowed with a possibility to carry out regular and unannounced visits to places
of deprivation of liberty and to speak with detained persons in private.
15 Preconditions for the fight against impunity are: a well-functioning complaints system and early detection of
police ill-treatment through systematic medical examinations in pre-trial detention facilities; the existence of an
independent investigative body that can carry out impartial, prompt and thorough investigations into
allegations or indications of ill-treatment; victim and witness as well as whistle-blower protection measures;
and a criminal offence of torture under national criminal legislation, with sanctions that are commensurate to
the gravity of this offence.
16 For instance, the tightening of certain procedural safeguards can lead in practice to the emergence of other
unwanted behaviour, such as the questioning of suspects in unofficial places outside of police stations.
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