7
39.
Turning to the interrogation process, the CPT considers that clear rules or guidelines
should exist on the way in which police interviews are to be conducted. They should address
inter alia the following matters: the informing of the detainee of the identity (name and/or
number) of those present at the interview; the permissible length of an interview; rest periods
between interviews and breaks during an interview; places in which interviews may take place;
whether the detainee may be required to stand while being questioned; the interviewing of
persons who are under the influence of drugs, alcohol, etc. It should also be required that a
record be systematically kept of the time at which interviews start and end, of any request made
by a detainee during an interview, and of the persons present during each interview.
The CPT would add that the electronic recording of police interviews is another useful
safeguard against the ill-treatment of detainees (as well as having significant advantages for the
police).
40.
The CPT considers that the fundamental safeguards granted to persons in police
custody would be reinforced (and the work of police officers quite possibly facilitated) if a single
and comprehensive custody record were to exist for each person detained, on which would be
recorded all aspects of his custody and action taken regarding them (when deprived of liberty
and reasons for that measure; when told of rights; signs of injury, mental illness, etc; when next
of kin/consulate and lawyer contacted and when visited by them; when offered food; when
interrogated; when transferred or released, etc.). For various matters (for example, items in the
person's possession, the fact of being told of one's rights and of invoking or waiving them), the
signature of the detainee should be obtained and, if necessary, the absence of a signature
explained. Further, the detainee's lawyer should have access to such a custody record.
41.
Further, the existence of an independent mechanism for examining complaints about
treatment whilst in police custody is an essential safeguard.