10
Extract from the 12th General Report [CPT/Inf (2002) 15]
33.
It is essential to the good functioning of society that the police have the powers to
apprehend, temporarily detain and question criminal suspects and other categories of persons.
However, these powers inherently bring with them a risk of intimidation and physical illtreatment. The essence of the CPT's work is to seek ways of reducing that risk to the absolute
minimum without unduly impeding the police in the proper exercise of their duties.
Encouraging developments in the field of police custody have been noted in a number of
countries; however, the CPT's findings also highlight all too often the need for continuing
vigilance.
34.
The questioning of criminal suspects is a specialist task which calls for specific
training if it is to be performed in a satisfactory manner. First and foremost, the precise aim of
such questioning must be made crystal clear: that aim should be to obtain accurate and
reliable information in order to discover the truth about matters under investigation, not to
obtain a confession from someone already presumed, in the eyes of the interviewing officers,
to be guilty. In addition to the provision of appropriate training, ensuring adherence of law
enforcement officials to the above-mentioned aim will be greatly facilitated by the drawing up
of a code of conduct for the questioning of criminal suspects.
35.
Over the years, CPT delegations have spoken to a considerable number of detained
persons in various countries, who have made credible claims of having been physically illtreated, or otherwise intimidated or threatened, by police officers trying to obtain confessions
in the course of interrogations. It is self-evident that a criminal justice system which places a
premium on confession evidence creates incentives for officials involved in the investigation
of crime - and often under pressure to obtain results - to use physical or psychological
coercion. In the context of the prevention of torture and other forms of ill-treatment, it is of
fundamental importance to develop methods of crime investigation capable of reducing
reliance on confessions, and other evidence and information obtained via interrogations, for
the purpose of securing convictions.
36.
The electronic (i.e. audio and/or video) recording of police interviews represents
an important additional safeguard against the ill-treatment of detainees. The CPT is pleased to
note that the introduction of such systems is under consideration in an increasing number of
countries. Such a facility can provide a complete and authentic record of the interview
process, thereby greatly facilitating the investigation of any allegations of ill-treatment. This
is in the interest both of persons who have been ill-treated by the police and of police officers
confronted with unfounded allegations that they have engaged in physical ill-treatment or
psychological pressure. Electronic recording of police interviews also reduces the opportunity
for defendants to later falsely deny that they have made certain admissions.