NATIONAL LEGAL AND POLICY FRAMEWORK CONCERNING DEFENDANTS AND PERSONS DEPRIVED
OF LIBERTY WITH INTELLECTUAL AND/OR PSYCHOSOCIAL DISABILITIES IN LAW AND PRACTICE
54
It should also be noted that the clarification of rights
is often seen by law enforcement officials as a mere
formality, and is carried out by the same official who
conducts the interviews, which can complicate the
clarification process itself. Experts recommend separating
the two processes, as is done, for example, in Ireland:
„This is where the problem is preprogrammed. The fact that rights are
usually explained by the same officer
who interviews the person. They explain
the procedure, what rights they have,
serves the documents, but at the same
time they have to get information out of
the person, to question them. Naturally
this is a conflict of interests, since one
of the fundamental rights during an
interview is to refuse to say anything.
Hence, maybe one possible solution
would be to have separate officers who
are trained, prepared, they may well be
police officers, but specifically trained
to inform the suspect of those rights.
Ones to come in, introduce everything
to them, explain all rights, especially to
people with significant needs, talk to
them and inform them, and then it would
be up to the next officer to carry out the
questioning.“63
63 Quote from one of the semi-structured interviews.
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