have. The success of the model in England and Wales resulted in its subsequent
adoption in Australia, New Zealand, Norway and some parts of Canada.57 For
example, Norwegian investigators, during the questioning of the suspect of a terror attack in 2011, applied non-coercive investigative interviewing techniques and
obtained all the relevant information as a result of the interviews, underlining the
effectiveness of this approach.58
25. In its Practical Manual for Law Enforcement Officers on Human Rights In Counterterrorism Investigations, published in 2013, and in its subsequent and ongoing
training across the OSCE region, ODIHR advocates for training in interview techniques, such as the PEACE interview model, that improves the effectiveness of
police interviews and enhances the human rights of suspects. Investigators and
those who assist them should receive comprehensive training – backed up by
regular refresher training – in general investigation techniques, including the interviewing of witnesses, the gathering of physical evidence and the packaging
and handling of forensic exhibits, with an emphasis on ensuring the continuity of
the evidence chain. Any improvement in dealing with witnesses and forensic evidence will reduce the reliance on obtaining confessions for the purpose of securing
convictions.59
26. In his 2016 interim report to the UN General Assembly, Juan Mendez, the former
UN Special Rapporteur on Torture, further underlined the need for investigative
interviewing techniques by advocating for the development of a set of international
guidelines for non-coercive interviews and associated safeguards:
”The [guidelines] must address the need to change the culture of tolerance
and impunity for coerced confessions in such cases. National legislation must
accept confessions only when made in the presence of competent and independent counsel (and support persons when appropriate) and confirmed
before an independent judge (see A/HRC/13/39/Add.5 and A/HRC/4/33/
Add.3). Courts should never admit extrajudicial confessions that are uncorroborated by other evidence or that have been recanted (see A/HRC/25/60).”60
27. The guidelines, which were under development at the time of writing, will outline
a framework for non-coercive interviewing and the implementation of associated
57
58
59
60
22
Ibid., p. 33.
Richard Carver & Lisa Handley (eds), op. cit., note 13, p. 79.
OSCE/ODIHR, op. cit., note 54, p. 111.
UN General Assembly Seventy-first session, Interim report of the Special Rapporteur on torture
and other cruel, inhuman or degrading treatment of punishment, (2016) A/71/298 para 99.
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