Session outline five: Police investigations Objectives Participants will know the applicable international standards and their relevance to police practice relating to criminal investigations. Sources UDHR (arts. 3, 5, 10, 11(1) and 12) ICCPR (arts. 7, 9(1), 14 and 17(1)) Code of Conduct (arts. 2, 4 and 5) Declaration on Enforced Disappearance (art. 13(3)) Principles on Summary Executions (principles 9, 10, 11, 12, 13 and 15) Principles on Detention or Imprisonment (principles 1, 17, 18, 21, 23 and 36) Torture Convention (preamble; arts. 2 and 13) Victims Declaration (principles 4, 5 and 6(d)) Standards In investigations, the interviewing of witnesses, victims and suspects, personal searches, searches of vehicles and premises, and the interception of correspondence and communications: Everyone has the right to security of person.27 Everyone has the right to a fair trial.28 Everyone is to be presumed innocent until proven guilty in a fair trial.29 No one shall be subjected to arbitrary interference with his privacy, family, home or correspondence.30 No one shall be subjected to unlawful attacks on his honour or reputation.31 No pressure, physical or mental, shall be exerted on suspects, witnesses or victims in attempting to obtain information.32 Torture and other inhuman or degrading treatment is absolutely prohibited.33 Victims and witnesses are to be treated with compassion and consideration.34 Confidentiality and care in the handling of sensitive information are to be exercised at all times.35 27 UDHR, article 3; ICCPR, article 9(1). UDHR, article 10; ICCPR, article 14. 29 UDHR, article 11(1); ICCPR, article 14(2). 30 UDHR, article 12; ICCPR, article 17(1). 31 UDHR, article 12; ICCPR, article 17(1). 32 Declaration on the Protection of All Persons from Enforced Disappearance (hereinafter “Declaration on Enforced Disappearance”), article 13(3); Principles on the Effective Prevention and Investigation of Extra-legal, Arbitrary and Summary Executions (hereinafter “Principles on Summary Executions”), principle 15. On the basic duties of law enforcement officials with regard to all persons (including victims, witnesses and suspects), whether they are conducting investigations or otherwise, see Code of Conduct, article 2. The Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (hereinafter “Torture Convention”) includes a special provision, in article 13, to the effect that witnesses in cases of alleged torture shall be protected against ill-treatment or intimidation. For more specific information regarding the rights of victims to appropriate treatment and sensitivity, see Declaration of Basic Principles of Justice for Victims of Crime and Abuse of Power (hereinafter “Victims Declaration”), principles 4, 5 and 6(d). On the rights of suspects and other detained persons during investigation and interrogation, see generally Principles on Detention or Imprisonment, principles 1, 17, 18, 21, 23 and 36. 33 UDHR, article 5; ICCPR, article 7; Torture Convention, preamble and article 2; Code of Conduct, article 5. 34 Victims Declaration, principle 4; Principles on Summary Execution, principle 15. 35 Code of Conduct, article 4. 28 56